Injured on a Construction Site? – What You Should Know?
Kinjal Mistry was awarded a degree in Civil engineering in 2016 from Dharmsinh Desai University, Gujarat. She is a Manager (Civil B. Tech) at SDCPL – Gharpedia. She has a passion for Creative Writing. As a content writer she loves to write blogs on Civil Engineering, building materials etc. Besides, being a blogger, she also handles Construction estimating and Costing at SDCPL. She possesses excellent critical thinking skills to identify and offer solutions to engineering problems. She loves sports and reading novels. She is easily reachable on LinkedIn, Twitter and Quora.
Construction sites normally come with an inherent level of danger, so accidents are likely to happen if the proper precautions aren’t seriously taken. Construction sites are also often right in the middle for many people’s everyday life, so even the smallest of mistakes can lead to severe injuries to either construction workers or pedestrians.
If you’ve been unfortunately injured on a construction site, please know that you can file a construction lawsuit against the company. Below is everything you need to know.
What are the Most Common Accidents that occur at Construction Site?
There are a lot of things that are simultaneously occurring on one construction site that almost anything could go wrong. Exposure to dangerous chemicals, working at high heights, and the use of hazardous tools put workers and passersby at risk daily.
There are four leading causes of accidents on the workplace as per Occupational Safety and Health Administration (OSHA). They’re known as the “fatal four” and include getting caught in between objects, electrocutions, being struck by an object, and falls.
Construction Site Personal Injury Cases
Both construction workers and pedestrians can sue the company that is liable for a personal injury that happens on the construction site. The compensation to workers generally covers construction workers who got hurt at the site. Pedestrians or visitors, on the other hand, will need to win a personal injury lawsuit against the company or reach a settlement with the liable party to recover damages.
If you got injured on a construction site and decides to take the construction company to court for your injury claim, you must prove the following:
01. The construction company had a duty of keeping the construction site a safe zone.
02. It has breached its duty.
03. The breach of duty is what caused harm to you.
What to Do Immediately After Construction Site Injuries?
Seconds mattered when you got hurt at a construction site. Acting quickly in applying first aid and adequately treating your injury maximizes your chances of making a full recovery. While minor burns and cuts can be treated with simple first-aid measures, the more severe injuries would warrant a trip to the Emergency Room.
Who is Liable for Workers Injured on a Construction Site?
Below are the parties that typically bear much of the fault if construction injuries occur on a site.
- Manufacturers and Material Suppliers – The manufacturers and suppliers of the materials used in construction sites must ensure that all their products are defect-free and safe.
- Architect And Engineers – They must comply with all the standards as per the contract. They should ensure that buildings are up to code and furnish plans that aren’t defective.
- Subcontractors – They are responsible for safely performing work and warning other people of potential hazards/dangers.
- General contractors – They are responsible for the safety of workers and complying with safety and health standards.
- Site Owners – Of course, if it’s the owner who controls the construction site, he can hold more liability than others since they are required to identify and make known all potential safety hazards on the site.
When Should You Tell Your Employer about Accidents on Construction Site?
After receiving immediate treatment for your injury, don’t forget to report the accident to your employer. You have to do so as it’s necessary for securing compensation benefits for workers in many states.
Creating an early report about your construction site injury will help you in building a case to maximize compensation. Make sure to deliver a detailed statement to your employer since you’ll use that account later on for you to remember important dates and other details regarding the accident.
How to Handle Medical Treatment?
If the injury is severe, make sure to go to the emergency room immediately. Follow all treatment instructions or directions given by the doctor who’s treating you for your injuries. Be sure to take any prescription medication as directed and return to work only when your doctor has already approved it. If you neglect following any medical recommendations from the physician and suffer additional injuries in the process, you may not receive the compensation you deserve.
When finally returning to work, make sure not to operate any heavy machinery when you’re still under the influence of prescription medication.
Proving Negligence for Construction Site Injuries
These types of personal injury cases pose one difficult challenge, and it’s determining the one responsible for the factors that resulted in the accident. However, it’s essential to identify fault if you expect to receive the deserved compensation for the injuries you got on a construction site. But, that doesn’t mean that the contractors, owner, and others don’t have a responsibility or duty to take the necessary steps in protecting workers and visitors from harm.
First, look at whether you’re a visitor/passerby or a worker on the construction site. As an injured worker, the claim you’ll receive will fall under your state’s worker’s compensation law. That said, expect a limited amount for the compensation you’ll get for your construction site personal injury. Remember that laws of all the states shall also vary.
However, it’s also possible to have a third-party claim. Such an option exists if the injury was caused by negligence, not from the site owner but the subcontractor or any other party. Your construction lawsuit attorney can investigate the circumstances surrounding your accident and determine every possible legal action you may take against parties responsible for the injury.
But, if you got injured on a construction site as a visitor or a pedestrian, the personal injury claim will fall under your state’s personal injury laws. And as with any other personal injury accident, the compensation is contingent on proving that another party committed a mistake, which resulted in an accident and caused you injury in the process. By successfully showing that another party has caused your accident, you’ll have the power to hold that party liable for losses, damages, and injuries you have suffered from.
After getting hurt on a construction site, consult with a construction site accident lawyer as soon as possible. Choose one who has enough resources and experience to perform a thorough investigation of the accident on your behalf. A legal professional should work quickly to recover and successfully preserve relevant evidence that can be used to support your claim for full compensation.
This blog aims to help our readers about the practices and laws in USA. We shall soon publish blogs for our readers in India and Asia. Meanwhile, you can read the following articles which we have written for you to ensure some safety tips at various stages of construction.