How Can Construction Site Injury Lawyers Help You?

How Can Construction Site Injury Lawyers Help You?

March 17, 2022

According to the Bureau of Labor Statistics, around 150,000 employees are hurt on a construction site in a year. While falls account for the majority of construction site injuries, direct contact with equipment is also a significant cause of employees' injuries.

Although the Occupational Safety and Health Administration (OSHA) guarantees safe and healthy working conditions for employees by setting and enforcing standards, the reality is that accidents are going to happen. That's why it is essential to have a skilled construction site injury attorney you depend on represent you in the circumstances that an accident does occur. 

Construction Accident Lawyers

As a safe and responsible construction worker, it is vital to understand your worksite's dangers. You can take the right safety precautions, put in place by OSHA, use the appropriate safety equipment, and never take unnecessary risks that fail to comply with worksite safety protocols. However, the truth is that you can still suffer a serious injury while on a construction site, even if you believed you did everything right.

Despite the fact that, by nature, construction sites are dangerous places to work, that doesn't mean your manager does not have the responsibility to keep you and your co-workers safe. And it also does not mean that you lose your right to justice if you suffer an injury.

What Do Construction Lawyers Do?

Construction lawyers help a wide variety of clients–from large construction companies to individual workers of those companies, to property owners, all the way to sureties. In fact, anyone who is involved in the building process might find themselves in need of a construction attorney at some point in their life.

However, at The Cochran Firm, they believe in representing the victims of construction site accidents to ensure they receive compensation for their pain and suffering. Many complex liability issues come with construction accident lawsuits, so it is vital to consult a lawyer who has experience in handling third-party injury claims. Our lawyers have not only have the experience, but the tenacious attitudes it takes to go up against any insurance company who tries to deny their clients the compensation they are owed.

Type of Construction Accident Claims

If you find yourself injured on a construction site, you may be able to pursue one or more of the following types of claims:

  • Workers’ Compensation: Usually, an injured employee will not bring a legal suit against their employer because they have the right to benefits that are provided through workers’ compensation insurance. In order to attain access to workers’ compensation benefits, an employee must only prove that the injury occurred, no matter the surrounding circumstances. If/When the claim is accepted, the employee will have the right to receive workers’ compensation benefits. These claims can be brought along with claims against third parties to maximize recovery of damages. 
  • Personal Injury: In order to pursue a personal injury legal suit, the employee must prove that a third party’s negligence led to their injury.
  • Product Liability: If an injury was due to a defective product, the injured employee could bring a claim against any party in the chain of distribution. For example, if a crane used on a construction site fails because of a defect and causes harm to an employee, the injured employee may be able to recover damages from the manufacturer, wholesaler, retailer, or any other party in the chain of distribution.
  • Wrongful Death: If an employee dies on the job site, their family may be able to bring a wrongful death claim on the employee’s behalf. In certain instances, multiple claims can be filed at the same time.

Which OSHA Rights Can A Lawyer Help Me Defend?

OSHA was created to ensure safe working conditions for employees across the nation. Under OSHA, workers throughout the country have the right to:

  • Request that OSHA inspects their worksite,
  • Use their rights without retaliation or discrimination,
  • Receive test results done to find hazards on the worksite,
  • Review records of work-related injuries and illnesses,
  • Receive copies of their medical records, and
  • Receive information and training about ways to prevent injuries, job sites dangers, and the OSHA standards that apply to their job sites.

An experienced construction site lawyer can help workers who have been injured on the job that believe their workplace was dangerous (and did not follow OSHA regulations) file a complaint with OSHA. Once a worker files a complaint, they cannot be fired, demoted, or retaliated against by their employer.

What Are Common Causes of Construction Accidents?

Construction accidents are bound to happen and can occur for many different reasons. OSHA requires employers to acquire specific permits, administer regular inspections, and implement job safety programs to reduce the number of worksite accidents. However, negligence, failure to follow safety precautions, and defective products can all result in construction site accidents that are unavoidable. Some of the most common construction site accidents include:

Falling Objects

The seriousness of falling object accident injuries depends on the size and weight of the object that has fallen, the height from which it fell, whether it was slowed by other objects, and whether or not the employee that was injured was wearing the proper protective gear. A few reasons an employee can be struck by an object include:

  • Not being properly trained
  • Too heavy of a load
  • Failure to follow safety precautions
  • Improper stacking of materials on the worksite
  • Failure to post warning signs
  • Malfunctioning equipment
  • Faulty materials or parts that lead to a structure collapsing

Some of the most commonly sustained injuries in construction site accidents involving falling objects include:

Slips and Falls

Employees working on construction sites are almost always exposed to many different slip and fall hazards. Whether they are working on the ground or on scaffolding that is a may stories high, slip and fall accidents happen more often than they should. Some of the most common slip and fall danger factors at construction sites consist of:

  • Debris or trash on the floors,
  • Electrical wiring or stray cords,
  • Lack of lighting,
  • Lack of proper safety equipment or training,
  • Wet or slick surfaces caused by spills or recently waxed or polished floors,
  • Uneven surfaces, like old or uneven carpet or loose floorboards, and
  • Broken or faulty handrails.

Within the construction industry, there are two types of slip and fall accidents that employees can suffer from:

  • Falls to a lower level: These types of falls can cause detrimental, even fatal injuries, in situations when a worker falls from a surface that is very high off the ground.
  • Falls on the same level: To no one’s surprise, these injuries are not as severe and tend to cause less serious injuries, including minor cuts, strains, bruises, and musculoskeletal injuries. 

Some examples of injuries that construction employees may suffer after a slip and fall accident include:

Caught-Between Accidents

Getting caught between objects, or equipment, is one of the most common causes of death among construction workers. These accidents happen when an employee is crushed, squeezed, caught, pinched, or compressed between two objects, parts of two objects, or buried by objects (like a building that has collapsed or in a trench). 

Construction site workers can become seriously injured or even killed when caught between objects or equipment in many ways. Some common ways these caught-between accidents happen include:

  • Construction sites (trenches and excavation sites) are not being adequately supported, causing employees to be buried when they collapse.
  • Walls are not being correctly braced and falling in.
  • Machinery not being properly guarded or is not being locked down when being repaired or not in use.
  • Machinery tipping due to being used unsafely
  • Scaffolds collapsing after not being properly constructed or braced
  • Machinery not being repaired/maintained and malfunctioning.
  • Employees are not being trained to use machinery and equipment safely.

Caught-between accidents can cause severe injuries. These injuries may include:

Fires and Explosions

From underground gas lines to interim heating devices to electrical systems, construction sites are full of risks that can turn a day's routine work to explosive in seconds. It only takes one spark or a spec of dust to set off a construction site fire or explosion that can injure or take the life of multiple workers. Some of the most common causes of these accidents include:

  • Temporary heating devices,
  • Chemical tanks or drums,
  • Compressed gas cylinders,
  • Flammable and explosive liquids,
  • Explosives and blasting agents,
  • Heavy equipment and vehicles,
  • Electrical shorts and malfunctions,
  • Liquefied petroleum gas.

Fires and explosions can cause minor to severe injuries. However, the most common injuries are burns and can either be first-degree, second-degree, or third-degree burns. In the case the accident causes great damage, it can result in numerous casualties. 

Electrical Accidents

Electrical accidents can lead to serious internal and external damage and can unfold in a variety of ways. Construction sites are full of danger, and electric currents are just one of them. Even when workers take proper precautions, they can still suffer from electrocution. A few of the leading causes of electrocution include:

  • Poor lighting,
  • Incorrectly marked construction zones,
  • Exposed wires,
  • Defective equipment,
  • Fallen power lines,
  • Wires that are not correctly grounded.

Unfortunately, electrical currents cause grave damage. While external injuries may be obvious directly following the incident, internal injuries can be life-threatening and should be treated as soon as possible. Injuries that a construction site worker may suffer will depend on many different factors, such as the voltage, their general health, how long they were exposed, and how much current flows through the body. When a worker suffers an electric accident, they can suffer from a variety of injuries, including:

Defective Equipment

Construction sites are full of heavy machinery, and when equipment of that size is defective, it can cause disaster. Whether the equipment was initially manufactured with flaws or it was not well kept, it can still cause serious injury. Some examples of defective equipment that can be especially dangerous on constructions sites are:

  • Construction tools,
  • Band saws,
  • Cutting tools,
  • Scaffolding,
  • Ladders,
  • Lawnmowers,
  • Convey belts,
  • Cranes
  • Forklifts,
  • Rollers,
  • Tractors,
  • Dump trucks,
  • Other heavy machinery.

When these types of tools and equipment malfunction, they can lead to serious injuries to the individual operating them as well as other workers nearby. Some common injuries that workers may face because of defective equipment include:

If you do not see the accident that you have suffered from above, below you will find some other construction site accidents:

  • Misuse of tools,
  • Welding accidents,
  • Falls from high surfaces,
  • Mechanical hazards,
  • Compressed gasses,
  • Scaffolding accidents,
  • Crane accidents,
  • Lift accidents
  • Improper use or maintenance of equipment,
  • Exposure to toxic material,
  • Poor safety precautions,
  • Inadequate training,
  • Harness accidents,
  • Collapsed structures.

The unfortunate reality is that the lax commitment to safety and training standards, along with the increasing demand for faster networks, has led to severely dangerous conditions for many construction workers.

What Steps Should I Take If I Have Been Injured in a Construction Accident?

The truth is that construction site jobs are very dangerous regardless of the precautions you take. Whether it is faulty equipment, the negligent act of others, or a freak accident, you deserve to get the help you need from a lawyer you can depend on. If you or a loved one becomes injured due to a construction accident:

  • Seek medical attention for your injury quickly,
  • Report the injury to your employer or supervisor and keep note of who they tell,
  • Get statements and any information you can from witnesses,
  • Take pictures of the injury, the scene where the injury occurred, and any equipment that was involved,
  • Contact a lawyer to learn more about the legal options that you have

Who Can Be Held Legally Responsible for My Construction Accident Injury?

Many companies have workers’ compensation insurance. If this is the case for your employer, they most likely are given immunity from personal injury lawsuits. However, workers’ compensation does not restrict lawsuits against employers if the injury was intentional or odious, but it is more common to file a claim against a third party. Those third parties include:

  • Construction Site Owner(s): In incidents regarding construction site owners' negligence, liability generally rides on the degree of control the owner had over the worksite compared to the degree of control over the working being done itself.
  • Manufacturers: Any party in the chain of distribution (manufacturer, wholesaler, retailer, etc.) of a defective product can be held responsible if the defect in their product caused a workers’ injury.
  • General and Subcontractors: Under OSHA, both general contractors and sub-contractors are required to provide their employees with a fairly safe construction site, post warnings of any dangers on the construction site, and ensure the work is being carried out according to safety regulations. If/When an injury takes place, the failure of the general contractor or sub-contractor to fulfill these duties typically allows an injured worker the chance to seek compensation for their pain and sufferings.
  • Prime Contractors: The difference between general/sub-contractors and prime contractors is that prime contractors are only responsible for the work that is defined in their contract or the work they delegate to sub-contractors as long as they have total responsibility for those subcontractors
  • Architects and Engineers: In certain instances, architects and engineers have the duty to oversee progress and make sure that compliance with plans and pertinent code regulations are being followed. When deciding if an architect or engineer is responsible for injuries, it is mandatory to determine which responsibilities were outlined in their contract with the construction company. 

What Damages Can a Lawyer Help Me Cover From My Construction Accident Injury?

As many of us may know, construction accidents can result in serious physical, financial, and mental pain for victims and their loved ones. Large medical bills, dealing with a severe injury, and permanent injuries can have a significant impact on and even change a person’s quality of life. By taking legal action against the negligent party that caused your injury, a lawyer can help you recover:

  • Pain and suffering,
  • Mortgage and rent,
  • Ongoing living expenses,
  • Medical bills
  • Loss of wages (past and future)
  • Counseling costs,
  • Physical therapy,
  • Property damage, 
  • Loss of consortium for widows or widowers,
  • And more.
© Copyright 2025, All Rights Reserved | National Black Lawyers
crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram