You can reach out to the construction accident attorneys at Kirkendall Dwyer LLP if you are a construction worker injured in a construction accident and want to pursue damages for your injuries.
Construction workers face inherent dangers on the job every day, including falling objects, electrical hazards, faulty equipment, and building collapses, all of which may lead to serious injuries and even death. For a construction worker, a workplace injury can cause not only severe injuries that require intensive recovery, but may also result in lost wages due to the time off from work. In some cases, there may be temporary or permanent disabilities that affect their ability to earn in the future.
If you were injured in a construction accident, you need an advocate who will protect your rights and fight for the compensation you may be entitled to. At Kirkendall Dwyer LLP, our construction accident attorneys are highly experienced in handling a wide range of personal injury cases, including construction injury claims. Contact us today to set up a free legal consultation with a qualified construction accident lawyer.
Construction Accidents: Statistics
Many fatal and nonfatal construction accidents are preventable and could be avoided with adequate safety measures, training, and adherence to Occupational Safety and Health Administration (OSHA) regulations. When workplaces fail to take such preventative measures, they may be held liable for any injuries construction workers face.
Hard hats are required on construction sites for a reason—it is one of the most dangerous jobs anyone can have. According to the U.S. Bureau of Labor Statistics, more than 1 in 5 of all workplace deaths in 2020 were in the construction industry. The National Safety Council reported 250,000 nonfatal construction work injuries and 958 preventable and fatal construction work injuries in the year 2020 alone. According to OSHA, the most commonly cited violations in construction are related to fall protection, ladders, and scaffolding.
What Are the Main Causes of Construction Accidents?
Construction accidents and subsequent injuries may be caused fully or partly by negligent or careless actions. A construction injury lawyer will be able to determine who may have caused the accident and who should be held responsible.
Common causes of construction accidents include failure to:
- Implement and enforce safety policies
- Address hazardous job site conditions
- Provide adequate training and safety equipment
- Properly inspect and maintain equipment
- Provide appropriate workplace supervision
- Ensure workers are adequately experienced
- Operate equipment in a safe manner
Common Types of Construction Accidents
There are a number of ways in which a construction worker may be injured at the job site. Common types of construction accidents include:
- Accidents involving heavy machinery, like cranes or forklifts
- Scaffolding accidents and other falls from high places
- Slip and fall accidents
- Falling objects and getting stuck between two objects
- Explosions and fires
- Equipment malfunctions
- Unsafe demolitions
- Toxic substance exposures
- Overheating or overexertion
Common Construction Accident Injuries
Construction accidents are one of the most common work-related accidents, often resulting in serious injuries. Construction workers are also exposed to a number of hazardous chemicals on construction sites that may cause occupational illnesses. Common injuries seen in construction accident lawsuits include:
- Nerve and spine injuries
- Soft tissue injuries
- Traumatic brain injuries
- Crush injuries
- Fractured bones
- Dislocated joints
- Chemical and thermal burns
- Loss of sight or hearing
Who Can be Held Liable for Construction Accidents?
Workers’ compensation is a no-fault system. This means no liability will be considered in your claim if your employer carries workers’ compensation insurance. However, some states like Texas do not require employers to carry workers’ comp insurance. If your employer does not carry insurance, you have the right to file a personal injury lawsuit against the company for compensation for the damages sustained.
If you choose to pursue a personal injury claim, you will need to prove that the at-fault party is responsible for your damages. You may do this by showing that the company or individual owed you a duty of care, that the duty of care was violated, and that the breach of duty is what caused your accident and the corresponding injuries.
In some cases, a third party may have contributed to the accident and can also be held responsible. Third parties commonly seen in construction injury lawsuits include contractors, project developers, architects, engineers, material suppliers, subcontractors, and project managers, among others.
Types of Compensation Available After a Construction Injury
Construction accidents can leave you with serious injuries and life-altering medical conditions. In workers’ compensation cases, injured construction workers can recover compensation for their medical bills, a portion of their lost wages, and potentially, disability benefits as well.
Those affected by such construction accidents may also be able to file a personal injury lawsuit against a negligent party, such as a contractor, to be eligible for various types of compensation, such as:
- Medical expenses
- Loss of wages from time spent in recovery
- Loss of future earning capacity
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Loss of consortium
What to Do After a Construction Accident?
If you are involved in a construction accident, the first thing you should do is seek medical attention for your injuries. It is important for you to get medical help both for the sake of your health, and also to have your injuries documented which can help build your workers’ compensation and/or personal injury claim. Make sure you follow any directions given by medical professionals; otherwise, it may affect your claim. If possible, gather any witness information and photographs from the scene of the accident.
Once you have attended to your health, you should report the incident to your project manager. In Texas, workers have 30 days to report an accident so that the employer may fill out an incident form.
Last but not the least, you should consider reaching out to a construction injury lawyer. Whether your claim is for workers’ compensation or a construction injury lawsuit, a qualified construction accident lawyer will be able to help fight for the maximum compensation for your injuries.
How Can a Construction Accident Lawyer Help Me?
Construction accidents can happen without warning and without regard for your safety. If you or someone you love has been injured on the job, the construction lawyers of Kirkendall Dwyer LLP can help you by:
- Reviewing the facts of your case for free during your initial consultation
- Informing you of your rights and legal options
- Referring you to high-quality medical professionals to assist in your healing process
- Evaluating the circumstances and extent of your injury in order to figure out the maximum damages possible
- Determining who may be liable for your injuries
- Putting together evidence, including medical records, accident reports, physical data, and other relevant information
- Gathering expert and witness testimony
- Communicating with the insurance company on your behalf
- Negotiating a favorable settlement with the insurance company and opposing council on your behalf
- Litigating your case in front of a jury if an out-of-court settlement is not possible
Contact a Construction Accident Attorney Today
After being injured in a construction accident, you may be wondering how you will be able to keep your family financially stable as you heal from your injuries. The construction injury lawyers of Kirkendall Dwyer LLP are dedicated to restoring justice on behalf of their clients. We have recovered millions of dollars in settlements and jury verdicts for our clients, including a $3.625 million settlement for a worker who sustained injuries that led to amputation.
If you or a loved one was injured in a construction accident, contact us today for a free and confidential consultation.