Protecting your rights after construction site injuries
Construction work is one of the most hazardous professions, with fall accidents ranking as the leading cause of fatalities in the industry. Even when non-fatal, these incidents often result in severe injuries that can disrupt a worker’s life and livelihood. Understanding the legal implications of construction fall accidents is crucial for injured workers seeking compensation and justice.
The High Stakes of Construction Fall Accidents
Falls on construction sites can occur for various reasons, including unprotected edges, faulty scaffolding, slippery surfaces, or improperly secured ladders. These construction site injuries can lead to broken bones, spinal cord damage, traumatic brain injuries, or even death.
Employers, contractors, and other parties involved in a project have a legal obligation to provide a safe working environment. When safety protocols are ignored, workers are left vulnerable to life-altering accidents.
Legal Rights for Injured Construction Workers
If you’ve experienced a fall on a construction site, you may be entitled to compensation. The primary legal avenues include:
1. Workers’ Compensation
In most states, employers are required to carry workers’ compensation insurance. This coverage provides benefits to employees injured on the job, regardless of fault. Workers’ compensation typically covers:
- Medical expenses related to the injury
- A portion of lost wages during recovery
- Disability benefits, if applicable
However, workers’ compensation claims have limitations. They don’t provide compensation for pain and suffering, and some employers or insurance companies may attempt to minimize payouts.
2. Third-Party Claims
In cases where a party other than the employer contributed to the accident, injured workers can file a third-party claim. For example, if defective equipment caused the fall, the equipment manufacturer may be held liable. Unlike workers’ compensation, third-party claims can cover pain and suffering, full lost wages, and other damages.
3. OSHA Violations
The Occupational Safety and Health Administration (OSHA) sets strict safety standards for construction sites. If a construction fall accident occurred due to an OSHA violation, it strengthens the injured worker’s case. OSHA violations may include:
- Lack of fall protection equipment
- Improperly assembled scaffolding
- Failure to provide proper training
Steps to Take After a Construction Fall Accident
- Seek Immediate Medical Attention: Prioritize your health and document your injuries.
- Report the Accident: Notify your employer and file an incident report as soon as possible.
- Document the Scene: If safe, take photos of the accident site, equipment involved, and any visible hazards.
- Consult a Legal Expert: Construction fall accidents involve complex legal issues. An attorney specializing in construction worker injuries, such as Kathryn Burmeister, can help you navigate workers’ compensation claims or pursue a third-party lawsuit.
Take Steps to Secure Fair Compensation
Construction fall accidents are often preventable, but when they happen, they can lead to serious physical, emotional, and financial burdens. By understanding your legal rights and options, you can take the necessary steps to secure fair compensation and hold negligent parties accountable.
If you or a loved one has suffered from construction site injuries, don’t hesitate to contact Kathryn Burmeister and arrange a free, no-obligation consultation to discuss your case.
