Construction sites symbolize a dynamic, ever-changing environment and signify change and transformation. Despite this sense of development and progress, construction sites also have inherent risks that can result in serious injuries.
Construction sites that are not maintained or controlled correctly can have devastating effects on the workers who are there to earn a living. Understanding your rights as a construction worker and available legal options after an injury isn’t just a matter of legal awareness; it’s a significant aspect of safeguarding your well-being.
Rosenfeld Injury Lawyers understands the complexities of construction accident claims, including unsafe working conditions, negligence, and violations of safety regulations. We are committed to fighting for your rights and ensuring that those responsible are held accountable.
Why Choose Rosenfeld Injury Lawyers for Your Case
Construction fall accident lawyers can help you recover damages in multiple ways. We can help your case by investigating the accident, gathering evidence, negotiating settlements, and pursuing legal action.
Your construction accident lawyer can handle all communications with the employer’s insurance company, ensuring you protect your rights and receive the compensation you deserve.Our client-first approach provides peace of mind, allowing you to prioritize recovery, knowing your case is in good hands.
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During every meeting, your lawyer’s communication, including their ability to listen, emphasize your concerns, and provide a personal approach, will let you know you made the best choice for your case.
Types of Injuries Sustained in Construction Site Falls
Falls are a common construction site accident causing various injuries, some of which have life-altering consequences. The most common types of injuries that can happen due to a construction site fall include:
- Traumatic Brain Injuries (TBI): A traumatic brain injury is an injury to the brain caused by an external force. It is classified based on its severity, ranging from mild to severe. Physical and cognitive injuries someone might experience include headaches, dizziness, fatigue, and confusion.
- Spinal Cord Injuries: The extent of the spinal cord injury-related impairment depends on the severity and location of the injury to the spine. Spinal cord injuries are often associated with the possibility of developing further complications, including life-threatening secondary conditions, such as chronic pain, loss of sensation below the injury level, and respiratory complications.
- Broken Bones and Fractures: Arms, wrists, legs, and ribs are common bones that can be broken after a fall. Some fractures can lead to severe complications, including compartment syndrome.
- Internal Injuries: When an internal injury occurs, the organs in your head, chest, or abdomen take on severe damage. On a construction site, internal injuries happen due to blunt-force trauma or penetrative trauma. Going to the emergency room is the most beneficial way to ensure you haven’t suffered any catastrophic internal injury and to determine whether you need surgery.
- Soft Tissue Injuries: Sprains and strains that affect your body’s muscles, tendons, and ligaments are considered soft tissue injuries. Even minor falls can result in muscle sprains, strains, or tears. Treatment for soft tissue injuries depends on various factors, including severity, injury type, and the affected joint, muscle, or limb.
Common Causes of Construction Site Falls
A construction site fall can happen due to a combination of unsafe practices and conditions. Factors including poor safety measures, insufficient training, and risky work environments can add to the heightened risk.
- Scaffolding Collapses and Failures: Scaffolding accidents can happen when a scaffold isn’t adequately secured, posing a significant risk to construction crews working at elevated heights. Using old, poorly maintained scaffolding can lead to weak structures, which can cause a collapse or fall if it gives way during use.
- Ladder Accidents: Defective ladders can have wear and breakage in the frame and rungs, and if they’re not frequently inspected and stored correctly, they can cause serious injuries. Overlooked work area hazards can also lead to ladder accidents that contribute to injuries, such as placing a ladder on unstable ground, which can cause the ladder to tip over. Additionally, employers should ensure their employees have the correct ladder for the job and provide safety gear.
- Falls from Roofs and Elevations: Unprotected edges and openings in the construction area, such as openings in floors, walls, and roofs, pose a significant fall risk without proper covers or guardrails. Also, inadequate fall protection, failure to use a harness, or insufficient safety harnesses can result in worker falls.
- Trips and Slips: Workers can be harmed by accidentally tripping over loose cords, slipping on uneven or wet surfaces, or tripping over obstacles such as building materials and debris. Often, these hazards aren’t easily visible or noticed. Poor lighting and distractions such as an unexpected or unfamiliar loud noise can also prevent someone from seeing a slip or trip hazard in their path.
- Defective Equipment: Construction workers expect sound tools and proper safety equipment when on a construction site. A construction site fall involving defective equipment, such as malfunctioning hoists, cranes, or other machinery, can cause an unstable position on the machinery from tilting or swaying and accidentally throw a construction worker off.
Legal Rights of Injured Construction Workers
Construction workers shouldn’t have to accept the risk of workplace injuries. Federal and state laws strictly monitor legal issues related to applicable construction industry working conditions. They help regulate equipment, machinery, tool standards, safety rules, and protective gear policies.
When construction workers are injured, they’re entitled to various legal remedies such as workers’ compensation benefits and third-party liability claims. These rights include:
Workers’ Compensation Benefits
You’re entitled to a workers’ compensation claim if you’re injured while working on a construction project. Workers’ compensation claim benefits typically cover most losses from a construction accident injury.
Employers must have workers’ compensation insurance for those hired, injured, or employed in the state. The system provides benefits to injured construction workers without the need for litigation. The areas workers’ compensation benefits cover include:
- Medical Expenses: Workers’ compensation claim benefits typically cover hospital bills, surgeries, rehabilitation, and medication.
- Lost Wages: If a construction site fall injury keeps you from working, you’re entitled to compensation to cover the wages you would have earned while on the job.
- Disability Benefits: Temporary partial, temporary total, permanent partial, and permanent total disability classifications determine workers’ compensation disability settlements.
- Death Benefits: In the case of injuries that result in death, survivor benefits are paid to the surviving spouse and/or children or other dependents.
Third-Party Liability Claims
A construction accident can lead to third-party liability claims for a worker’s injuries. In these cases, it’s vital to demonstrate a party other than the employer owes the injured employee a duty of care, breached that duty, and caused damages. The scope of third-party liability claims can include:
- Negligent Property Owners: An injured construction worker can sue property and construction site owners for unsafe conditions.
- Negligent General Contractors: General contractors can be liable for a construction worker’s injuries when they oversee the construction project and implement inadequate safety measures.
- Negligent Subcontractors: A negligent subcontractor can be held responsible for an employee’s fall injuries if their actions while handling a specific aspect of the construction process lead to the accident.
- Product Liability Claims: The manufacturer of construction equipment and materials must ensure product safety, and if a manufacturing defect or negligence causes a construction accident, this third party can be held accountable.
What to Do After a Construction Site Fall
Several steps must be taken immediately after experiencing a construction site fall injury. Here, we’ll walk you through the process from the moment of the construction accident through the beginning stages of the claims process.
Damages You Can Recover for Construction Site Fall Accidents
Workers’ compensation is one recovery option that can provide other benefits for your injuries. However, there are other options injured workers have when they’re injured on the job.
Many independent contractors are involved in construction projects; in this case, a personal injury lawsuit against a third party for damages may be a viable option. You can pursue a personal injury case if:
- The employer doesn’t have workers’ compensation insurance.
- The employer intentionally caused harm.
- You’re injured by exposure to toxic substances.
- You’re injured by defective products.
- You’re injured by third parties, such as contractors or subcontractors.
By meeting these requirements, you may be eligible to file a lawsuit to receive economic or non-economic damages for your injuries.
Economic Damages
Economic damages are compensations for your tangible financial losses due to your injury. These damages will make you whole by covering any financial burdens created by construction site accidents. Economic Damages can help you offset the overwhelming expenses you’re likely facing.
Typical economic damages in construction accident cases include:
- Medical Expenses: Medical expenses include emergency room visits, surgeries, ongoing medical care, and medication.
- Rehabilitation Costs: This can include physical, occupational, and other long-term care or therapy.
- Lost Income: You may be entitled to economic damages to cover past and future lost wages if you cannot work because of your injury.
Non-Economic Damages
Non-economic damages can be challenging to qualify for because receipts, bills, and other documents don’t support them. However, having a skilled construction site injury attorney knowledgeable about non-economic damages can make all the difference.
Typical non-economic damages in construction accident injury cases include:
- Pain and Suffering: Compensation for physical pain and discomfort from an injury.
- Emotional Distress: If a construction accident causes psychological conditions such as depression or anxiety, you can be eligible for emotional distress compensation.
- Loss of Consortium: If an accident negatively affects your relationship with a spouse or family member, loss of consortium can be awarded.
Statute of Limitations for Construction Site Fall Accidents
If your attorney sent a demand letter to your employer and they’re unwilling to negotiate a settlement, it’s time to file a claim. A statute of limitations determines how long a construction worker has to file a claim after an injury-causing fall.
The deadline for a construction accident claim can be different in every state. For example, injury victims in Kentucky must file claims within a year of the accident. Those living in North Dakota have up to six years to file a lawsuit. The statute of limitations in most states for personal injury claims is two or three years.
Contact a Construction Site Fall Attorney to Fight for Your Rights!
When construction accidents happen, it can be because the worker’s legal rights aren’t protected. Construction site falls require the expertise of a construction accident attorney who will aggressively pursue fair compensation. The skilled professionals at Rosenfeld Injury Lawyers have experience handling construction site injury cases and work to ensure you receive the benefits you deserve.
Contact us today at (888) 424-5757 or fill out our online contact form.
Specific Cases We Handle
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