Three Signs It’s Time to File a Suit Following a Construction Accident
Construction accidents are terrifying and can often lead to permanent injury or even death.
According to OSHA, construction is a high-hazard industry that encompasses a wide range of activities. Construction workers may be exposed to serious hazards, such as falling from rooftops, unguarded machinery, being struck by heavy equipment, electrocutions, silica dust, and asbestos.
If you have been injured on a construction site and wonder whether you are eligible to take legal action, read on.
1. You Have Lost Income to Care for Yourself Due to the Injury
Losing income is devastating, and even more difficult when the income lost affects a family.
The National Safety Council (NSC) estimates construction injuries cost nearly $163.9 billion in 2020. This number represents income not received or expenses incurred because of fatal and nonfatal preventable injuries. The total cost includes wage and productivity losses, medical expenses, and administrative expenses.
When a worker loses income due to a construction injury that was caused by negligence, a personal injury claim can help the injured worker receive money. These funds can help offset medical bills, loss of income, emotional damage, earnings that were lost, or pain and suffering.
In a personal injury claim, the injured must prove there was negligence at the hands of someone else. Negligence is proven using a four-prong test: duty, breach, causation, and damages.
2. You are Permanently Injured
The injuries that result in permanent damage are often the only injuries that have grounds for filing a lawsuit.
Types of construction accidents that can cause permanent injuries include, but are not limited to:
- Asbestos and mesothelioma
- Electrical injuries and electrocution
- Ladder and scaffolding accidents
In the top 10 most frequently cited OSHA standards violations (2021), half of the violations were construction-related. The violations were for issues surrounding fall protection, ladders, scaffolding, fall protection training, and eye/face protection. When construction sites fail to follow OSHA standards, accidents can occur that change lives forever.
If a worker has been told by their doctor that their injury is permanent and will therefore change their life forever, the injured may have grounds for a lawsuit. Examples of common permanent injuries include:
- Spinal cord damage
- Loss of vision
- Amputation of limbs
- Brain trauma
- Third-degree burns
- Back injuries
A consultation with a personal injury attorney can help you understand your legal rights, which may include compensation. If your life has been forever changed by a construction injury you may need additional income, medical treatments, and perhaps even need to move from your home to a skilled facility.
3. Negligence is to Blame for Your Hardship
If you or a loved one has experienced a life-changing injury while performing construction work and you believe the injury was due to someone else’s negligence, a consultation with a personal injury lawyer is the best next step.
Many construction injuries can be prevented and would be if it weren’t for the negligence of others. The responsible parties can include the site supervisor, manufacturers of construction equipment, other contractors on the job, and even landowners, to name a few.
The road to recovery may be uneasy for the injured party, resulting in the need to find new means of income. It may even require them to move, hire a caregiver, or pay for costly medication.
It is astounding to think that a preventable injury can cause life-changing injuries. If you or a loved one is a part of the construction industry, it is important to follow safety and health protocols. We recognize that even the most careful of workers can find themselves in terrible situations—facing injury and even death. For resources on how to prevent safety and health-related accidents in construction, click here.
Personal Injury Experts Specializing in Construction Accidents
Hurley McKenna & Mertz has over 20 years of experience helping victims and their families file personal injury lawsuits as it pertains to construction accidents. Our team works with investigators to determine the root cause of illness and injuries. We will help hold the responsible parties accountable.
For more information or to book a free consultation today, please contact our office.