The Occupational Safety and Health Act of 1970 was developed by the federal government to ensure that employers provide employees with an environment free from recognized hazards such as exposure to toxic chemicals, excessive noise levels, mechanical dangers, heat or cold stress, or unsanitary conditions. Despite this federal regulation and additional state safety standards, the construction industry continues to be the most dangerous and deadliest of all industries.
According to the U.S. Department of Labor, the construction industry reported more than 400,000 injuries in 2006. While construction workers represent only 6 percent of all U.S. workers, construction accidents account for 20 percent of all work-related fatalities. In fact, the construction industry incurs the most fatalities of any industry in the private sector, reporting 1,226 fatal work injuries in 2006.
The Dangers of Construction Sites
Construction sites are the most dangerous workplaces in the United States, with hundreds of thousands of injuries and thousands of death caused each year due to:
- Electrocutions
- Explosions
- Falling structures, objects and debris
- Shoring and trenching accidents
- Chemical spills
- Fires
- Defective ladders, cranes and scaffolding
- Exposure to toxic fumes
- Accidents involving machinery or equipment
- Slips and falls
- Roofing accidents
- Mishaps with and misuse of tools
- Misuse of safety restraints
- Forklift accidents
- Vehicle accidents on- or off-site
- Welding accidents
Most often these incidents occur because of poor safety procedures, negligence, faulty equipment, insufficient warning signs and/or poor supervision. Often accident happens because of other site workers' negligence, inappropriate behavior, or abuse of alcohol or drugs. Trying to determine who is liable for a worker's injury can be a complex and confusing issue.
Filing Construction Accident Claims
The insurance coverage of each party involved in a construction project and the extent of coverage are important issues when determining who is legally responsible for a construction injury. While most employers must carry workers' compensation insurance, it can limit the types of lawsuits that employees can bring against employers for construction site injuries. There may or may not be an opportunity to have a separate suit against a subcontractor or other third party.
Third-Party Negligence
While most workers injured in a construction accident are entitled to workers' compensation for lost wages and medical expenses, many others may also be entitled to compensation through a personal injury or wrongful death claim when a negligent third party is involved. A third party is defined as anyone besides an employer who might have been responsible for a workplace accident. Third parties can include:
- Property owners
- General contractors
- Subcontractors
- Construction managers and suppliers (for equipment and materials)
- Architects
- Engineers
If any of these parties are responsible, you may be entitled to compensation above and beyond what is available through workers' compensation. It is wise to seek legal advice regarding third-party responsibility.
Our Experience
Attorneys Michael Hance and Chandrika Srinivasan are experienced at working to ensure the most compensation possible for construction site injuries and wrongful death due to workplace accidents. We will help protect your rights by fighting to restore your income, secure compensation for medical expenses and recover loss of future income due to long-term or permanent debilitating injuries or the wrongful death of a loved one. We will work to determine who should be held responsible based upon the facts that you provide and the circumstances surrounding the accident.
Contact Us
If you or a loved one has been seriously injured or has died as a result of a workplace injury, please contact Hance & Srinivasan to discuss the individual nature of your situation.
