¡Hablamos Español!

Construction Site Injuries: Who’s At Fault?

Are you a construction worker who has recently suffered an injury on the job? Don’t trick yourself into thinking that you brought your injuries upon yourself for doing strenuous work. You have several options available to you when it comes to filing a claim. 

Table of Contents

Construction jobs are an inherently dangerous job. Construction workers are no stranger to working with heavy machinery, working at dangerous elevations, and using dangerous tools and equipment. Although construction jobs are risky, this doesn’t mean that construction workers should expect to be injured for merely doing their job. Everyone deserves the right to feel safe and to be protected from unnecessary risks and injuries. 

Are you a construction worker who has recently suffered an injury on the job? Don’t trick yourself into thinking that you brought your injuries upon yourself for doing strenuous work. You have several options available to you when it comes to filing a claim. 

Most Common Construction Site Injuries

Familiarizing yourself with the most common construction site accidents can help you determine who is liable for your injuries. Chances are, you might have experienced one of the following injuries:

  • Falls: Construction workers are at a heightened risk for slipping off of rooftops, ladders, cranes, and all other raised locations that are around construction sites. 
  • Equipment-related injuries: By using heavy machinery such as forklifts and nail guns, there is an increased probability of injury from defective products. 
  • Falling objects: Because workers climb on high ladders and other raised surfaces, they run the risk of inadvertently dropping a heavy object on other workers below them. 
  • Fires and explosions: The use of flammable, hazardous materials such as chemicals, exposed wires, and leaking liquids can all lead to severe burns or even worse—they can result in death. 

Determining Who is Liable for Injuries

When it comes to construction site injuries, it’s not enough for a victim to put the blame on someone and call it a day. Determining who is at fault for a construction site injury is a complex process, but fortunately, there are state regulations to help come to a resolution. The Occupational Safety and Health Act (OSHA) has been enforced in nearly every state since the 1970s. Whoever is in charge of the job site must ensure that OSHA regulations are being enforced.

Depending on the situation, construction companies may assume liability for someone’s injuries. When a company begins working on a construction site, the company must take all steps necessary to prepare the area for construction safely. This also includes warning the public about the construction by posting fliers and construction signs around the area. Public sidewalks around the construction site must be free of debris and other construction materials. Companies are responsible for placing barriers and bright lights near pits surrounding the site. 

Civil Lawsuits and Workers’ Compensation

You may be eligible to file a claim for damages against other persons or entities—this is in addition to your workers’ compensation. The amount of compensation that you are entitled to will depend on the particular circumstances of your injury and is following your state’s rules. To prevail in your lawsuit, you must be able to prove all three of these requirements:

  • Another entity was responsible for your safety because it was their duty of care. 
  • This entity failed to perform their duty of care, which makes them negligent. 
  • You were injured because of that entity’s negligence. 

Everyone is entitled to work in an environment that prioritizes their safety first. If you’ve recently been involved in an accident at your job, you’ll need to work with an experienced personal injury lawyer who will help you attain the compensation you deserve. Contact Flickinger • Boulton • Robson • Weeks today.