INTRODUCTION
Each year millions of people are injured or killed in construction related accidents. Despite strict laws enacted by federal, state, city, and local governments, construction accidents continue to be a major source of personal injury cases being litigated in the American legal system. The reality is that the modern day construction worker faces a huge number of threats at construction sites. The use of modern technology, while certainly making the lives of many workers less tiresome, have created a potential hazard when workers are improperly trained or the equipment is not tested and maintained properly.
The competitive marketplace has led to many companies cutting corners with regards to safety in the never ending quest to submit the lowest bid. Workers are exposed to a huge number of hazardous substances, the most famous being asbestos, that are often invisible, odorless, and extremely dangerous both in the short and long-term.
Construction employees at construction sites are not the only ones who are exposed to potentially fatal hazards. Many motorists and bystanders are seriously injured or killed each year as the result of negligence at a construction site. Even the smallest detail, such as the failure to remove a single block of concrete, if overlooked, can present a potentially real and present danger to an innocent passerby or motorist.
If you or a loved one have been injured as the result of a construction accident injury or you have lost a loved one due to an accident at a construction site, please call us at The Law Offices of Jonathan B. Nelson, PC. We have the experience and know how to secure your legal rights to fair compensation for your physical loss and mental anguish.
What are Your Rights?
Employees:
The government affords construction workers a whole suite of rights and protections. The purpose of these rights and protections is to force employers to take the highest precautions to protect their workers against the hazards present at construction sites. The penalties for failing to comply with the various laws (see the section below entitled construction accident laws) can be stiff and excuses such as lack of sufficient funds to purchase safety equipment are generally not a defense. If you are injured as the result of someone’s negligence, whether it is from a fellow worker, a building owner, equipment manufacturer, or other responsible party, you have the right to seek compensation.
In many cases, the party’s insurance company will provide adequate funds to cover medical expenses and government sponsored workers compensation will help cover basic expenses until he or she heals. In other cases, however, the insurance company may be unwilling to pay and workers compensation may be inadequate to cover an injury that could cause tremendous pain and suffering and/or ruin a workers career. In these cases, seeking recovery in the courts may be the only option to ensure adequate compensation.
As an injured worker, you have the right to seek redress through litigation. No matter the case, having a qualified personal injury attorney with construction accident experience is indispensable. Only personal injury attorneys have the experience, connections, and knowledge to provide the guidance you will need after a construction accident case. The Law Offices of Jonathan B. Nelson, PC can handle all aspects of your construction accident case including: protecting your rights in accordance with the law, completing all relevant paperwork, negotiating with insurance companies and responsible parties, and preparing for a lawsuit, if necessary.
Bystanders:
The rights given to bystanders injured in construction accident injuries are based on the same premise as all other personal injury lawsuits: the right to not be harmed by another person or entities negligence. Similar to a car accident case, an injured bystander will generally seek to identify all potentially responsible negligent parties, such as the general contractor of the construction site, and seek compensation through their insurance carriers. Unlike car accident cases, however, there is no special government funded scheme to indemnify injured persons should the negligent party not have insurance or carry insufficient insurance. In these cases, the injured bystander will generally seek to obtain compensation through the courts where he or she will have to prove the following:
- The potentially responsible party was negligent or careless
- The negligence or carelessness was the cause of the accident
- The accident was the event that led to the injury or injuries
Common Causes of Construction Accidents
- Negligence or carelessness of other workers at the work site
- Defective or improperly maintained machinery such as forklifts at a construction site
- The taking of drugs or alcohol by other workers or supervisors
- Defective or improperly put together scaffolding or other structures meant to prevent a worker from falling
- Honest mistakes on the part of workers
1) Seek immediate medical assistance
2) Report your injury to the general contractor or shift supervisor at the site of the accident
3) Report the injury to OSHA (see section on construction accident laws)
4) Try to think of anyone who may have witnessed the accident. Write down their contact information.
5) Jot down a summary of any statements made by witnesses as to how the accident might have occurred.
6) Have a friend take pictures of the work area in which you were injured. Focus especially on any obvious safety hazards that existed at the time you were working at the site.
7) Contact The Law Offices of Jonathan B. Nelson, PC
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