Complications of construction injury cases
Anyone who has ever stepped foot on a construction site can appreciate the inherent dangers of the job. After all, hard hats were made for a reason. Each site is typically packed with heavy machinery, specialized equipment and materials. Workplace injuries are significantly more prevalent on a construction project than in most other professions. Even though construction jobs only make up 4% of employment in the U.S. they account for 21% of workplace injuries.
DID YOU KNOW: According to research by Safety + Health, nearly all construction workers will experience at least one work injury in their lifetime.
Needless to say, there is a very real risk of suffering serious injuries while working on a construction site. Therefore, every individual working on these kinds of projects should understand their rights to compensation in the event of a serious accident.
Common causes of construction site injuries
- Broken bones
- Burns
- Electrocution
- Eye injuries, such as vision impairment or blindness
- Knee and ankle injury
- Neck injuries
- Shoulder or back injuries
- Spinal cord injury
- Illnesses caused by toxic chemical exposure
- Head injury
- Brain injury
The Occupational Safety & Health Administration (OSHA) has identified the top causes of construction site injuries. These include:
Falling
Collapsed scaffolding
Even though there are strict rules for ensuring the safety and stability of scaffolding, accidents are still possible. These can also lead to falls that result in serious injury, or even death.
Trench collapse
Electric accidents
- Generators
- Power tools
- Machinery
- Electrical wiring
Therefore, there is a risk of workers suffering serious electrical burns, even those who do not work directly with these materials.
Repetitive motion injuries
Failure to use protective gear
Remember that joke about hard hats? Well, it is actually more important than most people think. Personal protective gear like headwear and safety glasses should always be worn on construction sites to prevent injury. Even though it would seem like common sense to use the proper protective equipment, more than enough construction site injuries are because someone was not wearing the right gear at the right time.
Of course, when considering a lawsuit for injuries sustained on a construction site, it matters how the victim gets injured in the first place. While some of these injuries are due to the victim’s own carelessness, other situations may be due to the negligence of the employee, the mistakes of another worker, or even the critical flaws in equipment or machinery.
workers’ compensation
When it comes to getting construction site injuries, the victim should never be left to fend for themselves. In many cases, workers cannot continue working, and those medical bills can add up quickly. Therefore, it is important that workers have options. One of those options is workers’ compensation. The law requires the vast majority of employers to buy workers’ compensation insurance for employees. Thankfully, these insurance policies typically cover workers who sustain a work injury for any reason.
Workers’ compensation insurance often covers a number of costs, including:
- Medical costs
- Lost wages
- Disability benefits
- Death benefits in the event injuries are fatal
The state of Florida has what is called a no-fault compensation system, meaning there is compensation available to an injured worker regardless of whether they were the cause of their injury or someone else is responsible. However there are some regulations victims must meet in order to qualify.
That being said, you cannot sue your employer for construction site injuries. Workers’ compensation is the only way to take action against your employer. However, if another party is responsible for the accident, you may be able to file a third-party lawsuit.
Third-party lawsuit
Other than your employer, if the actions of an outside party are responsible for your construction accident, you may have the option for suing for additional damages.
If the negligence of another contractor or construction worker leads to an injury, the victim may consider filing a third-party lawsuit claim.
On the other hand, if a defective piece of equipment malfunctions and causes construction site injuries, then a you may be able to file a third-party lawsuit against the manufacturer.
A major advantage to a third-party lawsuit claim is that you can seek compensation for pain and suffering and other damages not available through workers’ compensation. However, the success of a third-party claim relies on your ability to prove liability. Therefore, retaining professional legal representation to help you navigate these proceedings can be crucial to your case.
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Construction site injuries are not only physically devastating, but can also be financial disasters for victims and their families. If you or a loved one was hurt while working on a construction project, your well-being should be a priority. Retaining a professional and compassionate legal team lets you focus on healing. Let lowercase focus on ensuring you get the compensation you deserve. Our team will handle the essential aspects of building your claim, including:
- Collecting evidence of eligibility for compensation
- Dealing with the workers’ compensation insurance providers
- Appealing any denial of workers’ compensation claim
- Negotiate a settlement in disputes over benefits
- File a third-party lawsuit
- Negotiate settlements
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