Understanding your rights for construction accidents tips, Building safely, H&S build hazards

Understanding Your Rights For Construction Accidents

26 November 2024

Accidents can happen on construction sites even when safety rules and regulations are followed. According to 2022 data from the US Centers for Diseases Control and Prevention (CDC), construction workers account for 49% of all fatal occupational slips, trips, and falls.

When such incidents occur, workers, bystanders, and others must know their rights and legal options. The majority of construction workers have workers’ compensation insurance, which helps pay medical bills and lost wages in the event of an accident. Construction accidents lawyer Andrew Mundwiller says in certain instances, employees have the right to sue outside parties (such as equipment manufacturers) for damages caused by their carelessness or defective products.

No matter what caused your injury—unsafe conditions, broken equipment, or someone else’s carelessness—being prepared for what comes next will help you get the compensation you need and keep you safe.

The Hazardous Nature of Construction Sites

Construction sites are inherently dangerous for everyone on the premises due to the high number of potential accidents that can occur there. Here are some of the most dangerous things about these sites:

Falls from heights (scaffolding, ladders, roofs)
Electrocutions

Being struck by objects
Caught-in/between accidents
Crane collapses

Trench cave-ins
Exposure to toxic substances

Each of these accident types can result in severe injuries, ranging from broken bones to traumatic brain injuries or even fatalities.

Legal Options for Injured Construction Workers

If you’re injured on a construction site, you have several potential options for seeking compensation:

Workers’ Compensation Claims

Most construction workers are eligible for workers’ compensation benefits, which can cover medical expenses, a portion of lost wages and disability payments.

Workers’ compensation works on the basis of a “no-fault” system. This simply means that you don’t have to show that you were negligent to get benefits.

Third-Party Lawsuits

In some cases, you may be able to file a lawsuit against a third party (not your employer) who was responsible for your accident. This could include equipment manufacturers, Subcontractors and property owners.

Third-party lawsuits can potentially provide more comprehensive compensation than workers’ compensation alone.

Navigating the Legal Process

Pursuing compensation for a construction accident can be complex. Here’s the process you need to know:

Seek immediate medical attention

Report the accident to your employer
Contact an experienced construction accident attorney

An experienced construction accident attorney will:

Investigate the accident
Identify all liable parties

Gather evidence to support your claim
Negotiate with insurance companies
Represent you in court if necessary

It is important to immediately take action following a construction accident. A prompt reporting guarantees that critical legal deadlines are met and the evidence is preserved. Free consultations are offered by many attorneys. Some lawyers take cases on a contingency fee basis meaning payment is not required unless you win.

Recoverable Damages in Construction Accident Cases

The types of damages you can recover depend on the nature of your case, but may include:

Medical expenses (past and future)

Lost wages and loss of earning capacity
Pain and suffering
Rehabilitation costs

Permanent disability or disfigurement

In cases of gross negligence, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

Preventive Measures: Reducing Construction Site Risks

While accidents can’t always be prevented, there are steps that can be taken to reduce risks:

Proper training for all workers
Regular safety inspections
Use of appropriate personal protective equipment (PPE)

Clear communication of safety protocols
Regular maintenance of equipment and machinery

Understanding your rights for construction accidents Conclusion

Understanding your rights and legal options can help you recover and find justice. If you’ve been injured, quickly seek medical attention and consult with an experienced attorney who can help you get the compensation you deserve.

Comments on this guide to Understanding your rights for construction accidents article are welcome.