Between working with heavy equipment, working on the sides of busy highways, and performing dangerous duties on the job, construction workers face many risks every day. Negligent drivers who speed through construction zones or fail to abide by roadside warning signs are likely to strike construction workers at high speeds, leaving the victim severely injured.
The leading causes of construction worker death are falls, electrocutions, getting struck by objects, and being caught in-between equipment. These hazardous situations are often the result of improper equipment maintenance, part malfunction, and other forms of negligence. If you or someone you know was injured in a construction accident, you have a legal right to take the negligent party to court for compensation.
Why Are Construction Accidents Common?
There is a certain level of risk involved in many professions, but the construction industry is the most susceptible to injuries due to the dangerous nature of the job. Employees have to operate large mechanical equipment, work on the sides of busy highways, and often work from high above the ground. Slip and fall accidents are the leading type of construction accident, due to faulty equipment or a company’s failure to adhere to safety standards.
Other hazards on the job include electrocution from defective equipment, exposure to harmful chemicals and asbestos, part failure, repetitive motion injuries, and reckless drivers. Despite construction workers’ best attempt to work safely, many construction site hazards are outside of the workers’ control.
Who Is At Fault?
Determining responsibility in a construction accident can be difficult. The negligent party may be a supervisor who improperly trained an employee, an equipment manufacturer who made a part error, the construction site owner who failed to provide a safe work environment, the general contractor who failed to ensure work was performed safely, or a number of other parties. The courts may find more than one party at fault, in which case the victim can sue everyone partially responsible.
If an equipment manufacturer causes a construction accident, they have “no-fault” or “strict” liability for the damages a defective product caused. In situations involving construction projects, the law requires most parties to carry insurance coverage, such as premises liability, property liability, commercial general liability, and employer’s liability insurances.
Negotiating with these insurance companies and navigating the laws surrounding construction accidents is difficult. A skilled attorney will be equipped to handle the multiple facets of these conversations. As an accident victim, you must prove negligence and place fault on the responsible party (the defendant). A qualified personal injury lawyer can help you successfully accomplish both tasks in court.
OSHA Safety Regulations
An important factor when considering the aftermath of a construction accident is the Occupational Safety and Health Act (OSHA) of 1970. OSHA establishes health and safety standards for all workplaces across America. OSHA legally obligates employers to provide a reasonably safe workplace environment. Employers must take due care to inform employees of hazards, properly train employees, and take other measures to ensure safety.
Under OSHA, employees have the right to complain about unsafe work conditions or refuse to work when facing danger in the workplace. OSHA regulations are the standards by which the law holds property owners, contractors, and supervisors on the job. If someone violates these regulations, resulting in injury, the injured party can sue for negligence.
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If you have been involved in a construction accident due to someone else’s negligence, whether it was a part malfunction or supervisor’s lapse in judgment, the Ted Smith Law Group, PLLC, can help you recover damages. Contact us today to discuss your case for free with one of our expert Harker Heights personal injury attorneys.