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Here at Faneuf Law Group LLC, we have years of experience handling cases involving workplace injuries, especially those sustained on construction sites. Our personal injury attorneys are very familiar with federal and state regulations, specific to these types of claims and can help navigate these laws to help you recover compensation for your losses.
There are a number of complex liability issues that pertain to construction accident lawsuits, so it’s important to contact an attorney who has experience handling third-party injury claims. Our lawyers have handled workplace accidents and personal injury lawsuits for more than two decades and have the resources needed to go up against any insurance company who tries to deny the compensation you are rightfully owed.
If you have been injured in a construction accident, our construction accident attorneys at Faneuf Law Group can help at no cost or obligation to you, so be sure to fill out our case review form today.
Why Should I Contact a Construction Accident Attorney?
The BLS’s workplace injury statistics published in 2020 indicate that the following occupations had the highest incidence rates per 10,000 full-time equivalent (FTE) workers. Notably, the incidence rates for all 10 occupations were higher in 2019 than in 2018 (although, as noted above, the overall incident rate remained unchanged). The occupations with the highest incidence rates of workplace injuries in 2019 were:
Nursing assistants (approximately 370 incidents per 10,000 FTE)
Heavy truck and tractor-trailer truck drivers (approximately 360 incidents per 10,000 FTE)
Laborers and freight, stock, and material movers (approximately 350 incidents per 10,000 FTE)
Light truck drivers (approximately 340 incidents per 10,000 FTE)
Construction laborers (approximately 250 incidents per 10,000 FTE)
Maintenance and repair workers (approximately 210 incidents per 10,000 FTE)
Stockers and order fillers (approximately 150 incidents per 10,000 FTE)
Janitors and cleaners (approximately 120 incidents per 10,000 FTE)
Registered nurses (approximately 105 incidents per 10,000 FTE)
Retail salespersons (approximately 60 incidents per 10,000 FTE)
As you can see from the report, construction laborers clocked in at number 5 on their list. If you have been injured on a construction site, it's important to contact an attorney to help with your injury claim. There are a number of state and federal laws concerning personal injuries and construction sites, which may or may not be applicable in your specific situation. Due to this, you want to reach out to an personal injury attorney as soon as you can.
Also, there are a number of parties who may be liable for the injury, including construction site owners, general contractors, sub-contractors, manufacturers of faulty equipment, or another third party. We’ll go in-depth on these in the next section. Only a thorough investigation of medical records, the construction site, witness statements, and parties related to the incident can help to determine liability, as well as the laws applicable to your claim.
A skilled construction accident attorney will be able to help you start an investigation into your claim, they can help identify any liable parties, and determine the type of claim you should legally pursue.
Who Can be Held Liable for Construction Accident Injuries?
If an employer carries workers’ compensation insurance, they are typically given immunity from personal injury lawsuits. Workers’ compensation does not bar lawsuits against employers if the injury was intentional or egregious; however, it is more common to file claims against a third party. This may include the following;
Construction Site Owner(s): In these cases, liability typically hinges on the degree of control the owner has over the premises, compared to the degree of control over the work being conducted itself.
General and Sub-Contractors: Under OSHA, both general contractors and sub-contractors have the duty to provide workers with a reasonably safe construction site, warn of any hazards at the site or inherent to the job itself, and ensure the work is being performed according to safety regulations. When an injury occurs, the failure of a contractor or subcontractor to perform these duties may allow an injured worker the chance to seek compensation for their losses.
Prime Contractors: Prime contractors are responsible only for work that is identified in their contract, or for any work they delegate to subcontractors so long as they have exclusive responsibility for such subcontractors.
Engineers And Architects: In some unique cases, architects and engineers have a responsibility to observe progress and ensure compliance with plans and code regulations. To determine whether an architect or engineer may be liable for an injury, it is necessary to establish which duties were outlined by their contract with the construction company.
Manufacturers: This would include any party of the chain of distribution of a defective product, which can include manufacturers, wholesalers, or retailers, they may be held liable if a defect in their product caused a personal injury.
Types of Construction Accident Claims and Lawsuits
If you were injured on a construction site, you may be able to pursue one or more of the following claims with the help of your attorney:
Workers’ Compensation: As we touched on earlier, n the majority of workers compensation cases, an injured employee may not bring a lawsuit against their employer because they are entitled to benefits provided by the workers’ compensation insurance carrier. A worker pursuing workers' compensation benefits must prove only that an injury occurred, irrelevant to any other outside circumstances.
If the claim is accepted, the worker will be entitled to receive workers’ compensation benefits. Workers’ compensation claims may be brought in conjunction with claims against third parties to maximize recovery of damages.
Personal Injury: In a personal injury lawsuit, the worker must prove that a third party was negligent, and this negligence led to their injury. Most experienced personal injury attorneys can help the victims build a case.
Product Liability: If an injury occurred as a result of a defective product, the injured party can bring a suit against any party in the chain of distribution. For example, if a nail gun is used on a construction site and fails due to a defect and causes an injury, the injured party may be able to recover compensation from the retailer, wholesaler, manufacturer, or any other party in the chain of distribution.
Wrongful Death: If a construction worker is killed on the job, his or her family may be able to bring a wrongful death claim on their loved one's behalf.
In some cases, multiple claims may be filed simultaneously.
What OSHA Rights Can an Attorney Help Me Protect?
To promote and maintain safe working environments, OSHA does provide workers throughout the United States with the right to:
Ask OSHA to inspect their workplace
Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace
Receive copies of test results done to find hazards in the workplace
Review records of work-related injuries and illnesses
Receive copies of their medical records
Use their rights under the law without retaliation or discrimination
An attorney can help workers who have been injured (or who believe they work in a dangerous environment that does not follow administration guidelines) file a complaint with OSHA.
It’s important to note that employers are not allowed to fire, demote, or otherwise retaliate against an employee who ends up filing a complaint. If a worker has filed a complaint with OSHA and has been retaliated against by their employer, an attorney can help file a claim against the employer for their retaliation.
What Are Some Common Causes of Construction Accidents?
Construction accidents can occur for a number of reasons. OSHA requires employers to obtain certain permits, conduct regular inspections, and implement job safety programs to limit workplace accidents.
Negligence, product defects and failure to adhere to safety policies and procedures can result in avoidable construction site accidents.
Some of the leading causes of construction accidents include:
Cell Tower Accidents
Collapsed Structures
Compressed Gases
Crane Accidents
Defective Equipment
Electrical Accidents
Explosions And Fires
Falling Accidents
Falls From Elevation
Harness Accidents
Hoist Accidents
Insufficient Or Inadequate Training
Misusing Tools
Poor Safety Precautions And Oversight
Welding Accidents
Improper use or maintenance of equipment
Mechanical hazards;
Exposure to toxic substances
Slip And Falls
Scaffolding Accidents
One fast growing area due to 4G and 5G technology is cell tower accidents. In recent years, cell tower related fatalities have increased drastically. Between 2003 and 2013, there were 108 incidents involving communication towers, resulting in 91 fatalities and 17 injuries, according to OSHA. The lack of adherence for safety and industry training standards, along with an increasing demand for faster networks, has led to dangerous conditions for these workers.
Who Can be Held Liable for Construction Accident Injuries?
If an employer carries workers’ compensation insurance, they are typically provided immunity from personal injury lawsuits. Workers’ compensation does not bar lawsuits against employers if the injury was intentional or egregious; however, it is more common to file claims against a third party.
Construction Site Owner(s): In these cases, liability typically hinges on the degree of control the owner has over the premises, compared to the degree of control over the work being conducted itself.
General and Sub-Contractors: Under OSHA, both general contractors and sub-contractors have the duty to provide workers with a reasonably safe construction site, warn of any hazards at the site or inherent in the job itself, and ensure the work is being performed according to safety regulations. When an injury occurs, the failure of a contractor or subcontractor to perform these duties may allow an injured worker the opportunity to seek compensation for their losses.
Prime Contractors: Prime contractors are responsible only for work that is identified in their contract, or for any work they delegate to subcontractors so long as they have exclusive responsibility for such subcontractors.
Architects and Engineers: In some cases, architects and engineers have a duty to observe progress and ensure compliance with plans and relevant code regulations. To determine whether an architect or engineer may be liable for an injury, it is necessary to establish which duties were outlined by their contract with the construction company.
Manufacturers: Any party in the chain of distribution of a defective product, including manufacturers, retailers, and wholesalers, may be held liable if a defect in their product causes an injury.
What Should I Do If I’ve Been in a Construction Accident?
If a worker is injured in a construction accident they should;
Seek medical attention for the injury right away
Report the injury to their employer or manager and always document who you talked to
Take images of your injury, where you were injured, any equipment involved
Reach out to an attorney to learn more about their legal options
In construction site accident cases, you only have a small window of time to seek legal representation. This is why it’s important to reach out to an experienced Massachusetts construction site accident attorney.
You still need to make sure you take care of you first. Go to the doctor and seek medical treatment. Once you know your injury poses no threat to your life, you can seek legal help.
What Damages Can an Attorney Help Me Recover From a Construction Accident Injury?
Construction accidents can cause severe physical, financial, and mental pain for victims and their families.
Between medical treatments, bills, the trauma of a serious injury, and permanent injuries, it can have a huge impact on the victim’s way of life. By filing a lawsuit against a negligent party, an attorney may be able to help an injured employee recover;
Loss Of Wages
Medical Expenses
Counseling Costs
Physical Therapy
Property Damages
Ongoing Living Expenses
Mortgage And Rent
Pain And Suffering
Loss Of Consortium For Widows Or Widowers.
If you have been injured in a construction accident and believe you have a claim for your injuries, the attorneys at Faneuf Law Group LLC may be able to help you with your personal injury lawsuit. We're here to help with a variety of cases, including car accidents, workers' compensation, medical malpractice, and more. Please fill out our case review form at no cost or obligation to you to learn more today.
You have no costs unless we win your case, so give us a call at 617-939-9894 to learn more about how we can help and to answer any questions that you may have. You can also use our chat feature or this online form.