By their very nature, construction sites are hazardous places to work. While many employers are protected from litigation by workers’ compensation laws, this does not absolve them of their responsibility to maintain safety standards. In cases of negligence, it is vitally important to seek out legal advice, as you may be entitled to compensation beyond workers’ comp benefits. Layton & Southard has a proven track record of bringing justice to clients and will fight relentlessly to ensure that your lifestyle and well-being are maintained after an on-site accident.
Reasons for Construction Site Mishaps
Finding out the reason(s) for your accident is the first step toward knowing who is liable for your injuries. Once we know the cause of your accident, we are one step closer to helping you file claims against any and all negligent parties. We will investigate thoroughly to determine whether your mishap was caused by any of the following:
- Defective equipment. Faulty equipment can cause injuries to the operator and/or other workers on the site. The manufacturer, a parts distributor, or a repair company might be liable.
- Improper use of equipment. If the equipment is operated by someone untrained, unqualified, fatigued, distracted, or impaired by drugs or alcohol, that operator and/or the employer could be responsible.
- Lack of training. If an equipment operator or another worker on the site has not been properly trained, accidents and injuries could result.
- Disregard of safety regulations. There are both state and federal safety regulations that must be followed on any construction site. Failure to comply with them is negligence.
Common Construction Site Accidents
The types of accidents that can occur on construction sites are numerous, but most are caused by a failure to observe the high standard of care necessary to maintain safety on the site. Some of the most common accidents are:
- Fires and explosions
- Getting trapped between structures or pieces of equipment
- Trench collapses
- Vehicle strikes
- Falling debris
- Exposure to toxic chemicals
You might require hospitalization, surgery, physical therapy, long-term care, medication, or assistance with daily living as a result of the severe injuries that include:
- Broken bones
- Eye injuries
- Lung damage
- Muscle or joint injuries
- Spinal cord injuries
- Traumatic brain injuries
Types of Claims
If you are injured in a construction site accident, there is more than one type of claim you might be able to file to get compensation for your damages:
- Workers’ compensation. Regardless of the cause of the work-related accident, injured workers may receive benefits that cover their medical care and wages lost as a result of the injury. Workers’ comp benefits, however, are not available to independent contractors.
- Personal injury claim. Filing a personal injury claim is generally not possible for a construction accident unless it can be proven that negligence by a third party caused or contributed to the injury. In such a case, you might have a personal injury claim against that third party in addition to your workers' compensation claim.
- Product liability claim. Your lawsuit may lead to compensation if you can prove that a defective product, piece of equipment, or material was responsible for your injury.
- Wrongful death. A wrongful death lawsuit may be an option for you if your family member or loved one was killed in a construction site accident.
The Role of Your Attorney
Navigating the complex system of laws surrounding construction site accidents on your own can be a daunting, if not impossible, task. Because any given construction project may have multiple parties that hold some level of responsibility, pinpointing fault can be difficult. However, this does not negate the need for justice for workers hurt on the job, as their livelihood depends on their physical and emotional well-being.
Having the experienced representation of Layton & Southard's personal injury attorneys on your side will allow you to claim the compensation you deserve and get your life back to normal. We will perform a thorough investigation of the accident and demonstrate where the fault lies.
Contact us online, or call us at 573-335-3359 and we'll review your case.