The construction industry accounts for a large portion of worker injuries and fatalities, often resulting from defective materials, poor safety standard training, or chance accidents. Victims of construction site accidents may be entitled to workers’ compensation or personal injury damages.
Common Types of Construction Accidents
Construction sites pose various risks to workers, passersby, and others in the area.
Falls
Falls are the top cause of construction injuries. In addition to falls from scaffolds, ladders, roofs, or other heights, this category also includes slips and trips due to uneven surfaces, debris, and insufficient lighting.
Struck by Object
Struck-by incidents refer to workers being hit by moving objects, whether falling tools, moving vehicles, or other equipment.
Electrocution
A significant hazard with potentially lethal consequences on construction sites, electrocution usually stems from exposed wires, faulty equipment, or improper use of electrical tools.
Caught In or Between
Certain structures or heavy machinery can trap workers and cause serious injury. These accidents most often occur during excavation or work in confined spaces.
Fires and Explosions
Welding, handling of flammable or combustible materials, electrical work, and other common construction activities contribute to fire and explosion risks.
Overexertion or Strain
Construction workers often lift heavy objects, perform repetitive movements, or work in awkward positions that compromise their musculoskeletal system. Fatigue, improper ergonomic work measures, and other factors contribute to the risk of overexertion injuries.
Chemical or Toxin Exposure
Construction site workers sometimes come into contact with lead, asbestos, heavy metals, and other harmful substances on job sites through ingestion, inhalation, or skin absorption. Safety precautions are necessary in many instances of known hazards. Asbestos, for instance, generally requires hiring specialized contractors for removal to ensure the site’s safety.
Common Construction Site Injuries
Injuries sustained on construction sites vary widely. They include:
- Burns: Sometimes requiring extended recovery, severe burns from construction sites may necessitate reconstructive surgery, skin grafts, physical therapy, and other costly treatments.
- Electrocution: Electrical injuries can cause nerve damage, thermal burns, cardiac arrest, and other secondary health problems.
- Eye injury: Falling objects, chemical exposure, and improper protective gear may cause eye injuries.
- Hearing loss: Without protection, repetitive loud noises may cause permanent hearing loss.
- Musculoskeletal injuries: These common injuries include sprains, strains, nerve compression, and bone fractures. Severe cases, or those including spinal cord damage, may leave workers with permanent conditions, such as partial or full paralysis.
- Illnesses: Toxic substance or chemical exposure can cause neurological damage, respiratory problems, dermal conditions, and other illnesses.
- Brain injury: Work-related traumatic brain injuries may result from falls, struck-by incidents, and other construction site accidents. Consequences of brain injuries may vary, ranging from mild concussions to severe cases that cause long-term disabilities.
Who Can Be Held Liable for Construction Accidents?
Determining liability for a construction accident can be complex depending on the circumstances of the accident. A thorough investigation involves understanding where the accident occurred, if there were violations of federal safety regulations, which equipment or machinery was involved, and who was responsible for overseeing the site area.
One or multiple parties may be held liable, such as:
- Contractors: In many cases, the construction company or general contractor responsible for the site may be held liable for accidents if safe working conditions aren’t upheld. Accidents due to the mistakes of subcontractors or workers may also fall on general contractors.
- Property owner: Property owners are responsible for maintaining safe environments or providing adequate warning and protection for site hazards.
- Equipment manufacturers: Defective tools or machinery that contribute to an accident may implicate the manufacturer under product liability.
- Architects and engineers: Design professionals may be liable for accidents due to design flaws or safety standard negligence.
Types of Compensation Available for Construction Site Accidents
Workers’ compensation is the most common benefit available to workers who suffer illness or injury from construction accidents. It’s usually provided as no-fault compensation, meaning workers don’t have to prove liability of another party. Workers’ comp helps cover:
- Partial wage replacement
- Temporary and permanent disability
- Rehabilitation and occupational therapy
- Medical cost coverage and care reimbursement
Employees may find the limits of workers’ compensation insufficient to cover their losses. When workers’ comp is insufficient or doesn’t apply, such as for non-payroll contractors, passersby, or site visitors, victims may pursue personal injury damages against liable parties. This process is more complex as it involves satisfying the burden of proof, negotiating a settlement, or escalating to a trial if necessary. Personal injury settlements may include compensation for damages such as:
- Past and ongoing medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Lost earning potential
How Long Do You Have to File a Claim?
The deadline for filing a personal injury claim is detailed under the statute of limitations for the type of action. Deadlines vary depending on the laws of the state where the lawsuit is filed. Most states, including California, allow 2 years from the date of the accident.
Why Work with a Personal Injury Attorney?
Hiring a personal injury lawyer offers numerous advantages, allowing you to focus on healing while a trained legal professional navigates the complicated process on your behalf, including:
- Identifying liable parties
- Investigating accident details and collecting evidence
- Completing administrative tasks
- Negotiating a fair settlement with insurance companies
- Litigating, if necessary
It’s important to seek legal counsel if you’ve suffered a construction site accident. Contact BD&J today for help navigating your case and getting the compensation you deserve.
