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, and that it represents 6% of U.S. workers, but accounts for 20% of all work-related fatalities. In fact it 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 & 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 and abuse of alcohol or drugs. Trying to determine who is liable for a worker’s injury can be a complex and confusing issue.
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 legal responsibility 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 owner
general contractor
sub-contractors
construction managers and suppliers (for equipment and materials)
architects
engineers
If either of these parties is 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.
Wrongful Death
The loss of a loved one through any kind of accident can be devastating to the families lef
Our Experience
Michael Hance and Chandrika Srinivasan are experienced at working to ensure the most compensation possible for construction site injuries and wrongful deaths. At Hance & Srinivasan, 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 wrongful death of a loved one. We will work to determine who is to be held responsible based upon the facts that you provide and the circumstances surrounding the accident.
If you or a loved on has been seriously injured or had died as a serious workplace injury, please contact Hance & Srinivasan to discuss the individual nature of your situation.