Injured on the Job? Contact a Construction Site Injury Lawyer
Legally Reviewed and Edited by: Terry Cochran
The construction industry is one of the most dangerous industries in the United States. With 9.7 fatal injuries per 100,000 workers every year, the construction industry ranks fourth among all industries for fatal injuries. Nearly a fifth of all worker fatalities in the U.S. occurred in the construction industry in 2019.
Construction companies frequently fail to implement important safety measures during construction work, resulting in construction injuries and deaths. Various state and federal labor laws govern injuries on construction sites, aiming to protect workers’ rights and afford them compensation if they do become injured.
Choosing the right form of legal claim can be hard when you have medical expenses and recovery time to think about. An experienced construction accident lawyer at our law firm can examine your case, determine who is liable, and help you pursue legal action for compensation.
Types of Common Construction Accidents
The Occupational Safety and Health Administration (OSHA) mandates that companies obtain certain permits, conduct frequent inspections, and implement workplace safety programs to reduce workplace injuries and prevent potential hazards. However, the negligence of construction workers, defective products, and a failure to follow safety procedures by different companies can result in accidents on construction sites.
According to OSHA, many accidents in the construction industry are caused by the top “fatal four” construction hazards:
Workers are at risk of fall hazards such as falling from scaffolding, roofs, ladders, and other elevated places. Fall accidents are the most frequently observed safety violations on construction sites, with worker falls, slips, and trips increasing 11% from 2018 to 2019.
Struck by Object
Workers are at a greater risk of work-related injuries from falling objects on construction sites, including power tools that are improperly secured, collapsing structures, and falling heavy machinery. Roughly half of the occupational fatal crane injuries from 2011 to 2017 were by an object falling from a crane.
Electrical infrastructure installation can place construction workers in a potentially hazardous situation. Exposed wires, power lines, electrically charged metal objects, and malfunctioning machinery present serious safety risks. Electricity is the leading cause of death among electrical power-line technicians and installers in the U.S.
Caught-in-between accidents occur when construction workers are trapped by objects or equipment. Other examples of this type of accident are workers run over by trucks backing out of a building site or those struck by pieces of machinery.
In addition to the four primary causes of construction site injuries and deaths, other violations often cited by OSHA include exposure to harmful dust and lack of guards around machinery requiring safety equipment. These construction accidents can lead to severe injuries, including broken bones, brain injuries, and spinal injuries.
How to Get Help if You are Injured at a Construction Site
Injured construction workers and their families may suffer serious physical, financial, and psychological harm due to construction accidents. They may require regular medical treatment and deal with ongoing expenses to manage these injuries, especially if debilitating and prevent a return to work.
You or a family member who has been injured on the job should protect their legal rights and learn what claims to file to obtain compensation for your losses. An experienced attorney at Cochran, Kroll & Associates, P.C. can explain the benefits and compensation you may be eligible for as a result of your work-related injuries.
Typical Construction Accident Injury Benefits
Talk to your lawyer about what type of claims you qualify for based on your injury and its severity.
Under Michigan’s workers’ compensation laws, employers are required to possess workers’ compensation insurance. When you are entitled to workers’ compensation benefits, you usually are not allowed to sue your employer for additional compensation.
As with personal injury or product liability claims, you do not need to prove negligence or fault to collect workers’ compensation benefits. But the income you receive from workers’ compensation payments may be an insufficient reward for your suffering.
You may seek compensation for an injury caused by a construction accident through a third-party claim if you believe another party was at fault. A third-party claim can be filed alongside a workers’ compensation claim to seek damages not covered by Michigan’s workers’ compensation laws.
Personal Injury Claims
You may be eligible to bring a personal injury claim against the party responsible for the construction site accident that caused your injuries. To collect compensation, you must demonstrate the other party was negligent or willfully negligent. You can speak with an experienced construction accident attorney about your specific injuries if you believe you have a case for an injury claim.
Product Liability Claims
There may be defective equipment such as power tools or heavy machinery involved in the construction accident, allowing you to file a separate claim against the product manufacturer, or another responsible party. You are entitled to full compensation for your losses, including pain and suffering, under a product liability claim.
Premises Liability Claims
If unsafe and hazardous conditions on the property that the property owner or another party neglected to remedy led to your injuries, you can file a premises liability claim against the building’s property owner, construction site owners, general contractors, safety engineers, or architects.
Wrongful Death Claims
If your loved one was killed in a construction accident, you may be eligible for benefits under workers’ compensation laws as well as wrongful death compensation.
What OSHA Rights Can an Attorney Help Me Protect?
A safe work environment is protected by OSHA. Employers are responsible for ensuring that safety procedures are followed in the workplace and that there are no known potential hazards. OSHA gives all workers the following rights to promote and maintain safe work conditions:
- Obtain an OSHA inspection for their workplace
- Receive information and proper training about hazards, prevention measures, and workplace regulations
- Get copies of results for tests done to identify potential hazards in the workplace
- Examine records of injuries and illnesses sustained on the job
- See copies of their medical records
- Exercise their rights under the law without fear of retaliation or discrimination
Employers cannot fire, demote, or otherwise retaliate against employees who file complaints. After filing an OSHA complaint, workers facing retaliation from their employers can contact an attorney for assistance in bringing their case. Injured workers or those who believe they work in an unsafe environment that does not meet OSHA standards can hire an experienced construction accident attorney to help file a complaint with OSHA.
Why Should I Contact a Construction Accident Attorney?
While a number of parties may be liable for your injury, an experienced construction site injury lawyer can help determine strict liability and the laws that apply to your claim.
As construction site injury attorneys, we have experience working with the complex federal and state regulations associated with these claims. We can guide you through the legal process below to obtain compensation for your losses.
Gather Documentation of Your Injuries
Your lawyer will need information such as medical records, medical bills, and policy information from your insurance company. These documents can help your attorney get a better picture of the extent of your injuries and provide a record of them to a judge or insurance company as necessary.
Conduct a Thorough Investigation
Your lawyer needs to evaluate the circumstances surrounding your construction site accident carefully. We will investigate the construction accident in great detail to get the evidence necessary to build your case, including police reports, witness statements, and security camera footage.
Negotiate With the Defense
The defense and your attorney will negotiate outside of court. If a settlement agreement cannot be reached, your lawyer is prepared to go to trial to help you recover the compensation you are entitled to.
Contact a Qualified Construction Site Injury Lawyer
Whether you have been injured in a construction accident or want to know more about what to do after a loved one is fatally wounded on a worksite, the law firm of Cochran, Kroll & Associates, P.C. can help. We will discuss your legal rights and options regarding financial compensation for your work-related injuries at a free initial consultation.
We have extensive experience working on construction accident cases and a proven track record of success. Contact us today at 1-866-Mich Law (866-MICH-LAW) or www.cochranlaw.com to learn more and start the journey to financial and physical recovery.
Does compensation apply to all types of injuries from a construction accident?
We realize that the list of possible injuries during construction work is not conclusive. There is a good chance that we can seek additional claims for you if you have been injured on a construction site when you call for a free consultation.
What is the statute of limitations for a personal injury or death in a construction accident case?
Generally, a Michigan personal injury lawsuit can be filed within three years from the date the injury or death occurred. Likewise, this applies when negotiating a personal injury settlement with a defendant.
Can I represent myself in a construction accident case without an attorney?
A knowledgeable lawyer is always a good idea regardless of whether you think you were partially to blame for your injuries or that your employer was to blame since labor and construction laws are complex. Construction accident lawsuits require the services of an experienced attorney.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.