Working at a construction site can be both difficult and dangerous. Construction workers are often required to climb heights, perform duties on a road with heavy traffic, or operate large machinery. Injuries and accidents are not uncommon and some of them have serious, sometimes even life-long consequences. Those who have been hurt at work know about the hardship of dealing with medical issues, chronic pain, and financial struggles related to the accident.
Personal injury law promotes and protects the safety of construction site workers. It ensures that those who failed to ensure work safety are held accountable. For that reason, any person that has suffered an injury at or near the construction site may be able to sue.
Types Of Construction Worker Injuries
The Occupational Safety and Health Administration (OSHA) determined four types of construction worker injuries. They are often referred to as the “fatal four” due to their account for close to 60% of construction worker deaths. These four types of injury are falls, electrocutions, "struck by an object," and "caught in-between."
However, the injury does not have to be fatal or life-threatening for the worker to be able to sue. Workers may be entitled to compensation even for minor injuries. Furthermore, there are situations where other people, who do not belong to the crew, suffer a construction site injury. For example, a pedestrian might be hit by falling debris or a car crash might occur due to unmarked or inaccurately marked road work.
Some state laws regulate that the contractor is liable for the injury if he fails to take the proper safety precautions. In other states, the failure can serve as evidence proving that the contractor should be liable for the injuries in a lawsuit.
How To File a Construction Injury Claim
Those who have suffered an injury in construction site accidents can file a claim against the individuals or companies responsible for the accident. The compensation awarded after winning a personal injury lawsuit can cover medical costs and lost wages associated with the accident.
Most personal injury claims are based on negligence. For the defendant to be responsible for the injury, the plaintiff must be able to prove that negligence has occurred. However, in some cases, the claim might be based on premises liability, vicarious liability of an employee, or product defects.
Premises liability states that property owners may be held liable for accidents that take place on their property. Generally, owners owe a duty of care to individuals on their property. Common examples of accidents based on premises liability are falling down the stairs or slip and fall.
Under Texas law, in cases of vicarious liability, employers take responsibility for the actions of their on-duty staff. If a worker causes injury to someone else while performing an authorized act or task, the employer is vicariously liable for the injuries caused by the worker.
According to product liability laws, the manufacturer, supplier or seller may be held liable for distributing a defective product to the customer. In construction-related personal injury claims, the case can be based on product liability when malfunctioning equipment harms a worker despite proper use. Moreover, inadequate warning leading to an injury is also considered a potential product liability case.
To summarize, there are numerous dangers related to working at construction sites. Heavy machinery, heights, and busy roads are just a few hazards that employees are surrounded with. Even in such a challenging setting, the workers can and should expect reasonable safety standards. If for any reason, the safety has been risked and injury occurred, the workers have the right to make a personal injury claim and seek compensation.
If you’ve been injured by a car, truck, 18 wheeler, or company vehicle, call DeSouza Law today at (210) 910-HURT or (361) 799-2222.