Generally, there are two different groups of people that can be injured in a construction accident: construction workers and non-construction workers.
Construction workers are typically trained to avoid injury while they are completing their work, but injuries can still occur. In fact, one in ten construction workers are injured every year according to the Occupational Safety and Health Administration (OSHA).
When a construction worker is injured while working, the construction worker may qualify for workers compensation.
Another group of people that can be injured in a construction accident is non-construction workers.
Non-construction workers that can be injured in a construction accident are typically pedestrians and motorists. When a pedestrian or a motorist is injured in a construction accident, there are two different types of claims that the individual may be able to sue for.
First, the pedestrian or the motorist may be able to sue based on a negligence theory.
Here, the pedestrian or motorist may be able to sue a number of different people or entities including the construction workers who were working at the time that the accident occurred, the construction company, and the contractor or a sub-contractor who was responsible for completing the job.
It is possible that the construction company, the contractor or the sub-contractor are strictly liable for a plaintiff’s injuries if one of these defendant was engaged in an abnormally dangerous activity. If the defendant is strictly liable, the plaintiff will not have to prove that the defendant was negligent.
If a plaintiff decides to sue a person or an entity for negligence, the pedestrian has to prove four elements.
First, the plaintiff must prove that the person or the entity owed the plaintiff a duty.
Second, the plaintiff must prove that the person or the entity breached that duty.
Next, the plaintiff must prove that the breach caused the plaintiff’s injury.
Lastly, the plaintiff must prove that the plaintiff suffered injury.
Pedestrians and motorists can also be injured if the construction equipment fails. In this instance, the manufacturer of the equipment may be liable in a products liability cause of action.
What Injuries are Common in Construction Work?
There are many different types of injuries that can occur at a construction site.
Falling is one of the most common things that causes injuries at construction sites.
Construction workers often work on highly elevated surfaces. Injuries can occur if the worker’s equipment fails and the worker falls from the elevated surface. Construction workers could also fall on the ground after tripping on an object.
Explosions can occur at certain construction sites. If an explosion occurs construction, workers or pedestrians could suffer burns.
- Electric Shocks
- Injury suffered from falling objects
Construction workers could be injured if building materials like rock or brick falls to the ground and hits the worker.
What Should I if I am injured in a Construction Accident?
The first thing you should do after a construction accident is seek medical attention if necessary.
It is a good idea to visit a doctor even if you do not believe that you were injured in the construction accident. This is because you could be suffering for an injury without feeling symptoms.
For example, people who have whiplash often do not suffer symptoms of whiplash until days after the accident.
You should take pictures of the construction site where the injury occurred.
If you are unable to take pictures of the construction site, you should ask someone else to take the pictures for you. These pictures can be a valuable asset to you if you file a personal injury lawsuit to recover for your construction site injury.
After the accident, you should record the contact information of anyone who witnessed the accident.
You should also write down everything that led up to the accident as soon as you are able to. This information will be very helpful to your personal injury attorney once you file your lawsuit.
You can also consider recording your symptoms that you feel in the aftermath of the accident. This information may be able to help you prove that you deserve compensation for pain and suffering.
Do I need a Personal Injury Attorney to help me recover for my Injuries?
If you have been injured in a construction site accident you should probably hire an experienced personal injury attorney to assist you in your personal injury case.
There are a number of different factors that you should consider when you are determining whether you want to hire an attorney.
First, you should consider how many potential defendants there are involved in the accident. Construction projects are notorious for having numerous companies working on a project at once.
If you were injured in a construction accident where there are numerous companies involved, a personal injury attorney can assist you in determining which companies are at fault for your injury.
You should also consider whether the defendants in your case are taking your claim seriously. Companies have their bottom line in mind when they are dealing with lawsuits.
If the defendants are not offering you a fair settlement for your injuries, you should consider hiring a personal injury attorney. Experienced personal injury attorneys know how to negotiate.
This experience will help ensure that you receive adequate compensation for your injuries.
Next, you should consider whether you are eligible for workers compensation. The process for receiving workers compensation can be very confusing.
If you are having a hard time how to determine whether you qualify for workers compensation you should speak to a personal injury attorney.
If you’ve been injured at a construction site, contact the experienced personal injury lawyers at Hutchison & Stoy, PLLC today for a free case evaluation. You can submit a case evaluation online or call us at the office at (817) 820-0100.