Construction site accident? Injured construction workers have rights

Understanding Your Rights After a Construction Site Accident

It’s no secret that construction sites are among the most dangerous work environments in the country. A construction accident can cause a range of injuries, from mundane to fatal.

Injuries caused by construction accidents can have a detrimental impact on a worker’s ability to earn a living, provide for their family, and sustain their mental and physical health.

And while we need our jobs, we also need to hold our employers accountable for preserving construction workers’ rights to a safe working environment. Construction employers may rush their workers in an effort to meet possibly unrealistic deadlines.

Insurance companies may shame an injured construction worker if they think they can save a buck. This leaves more than a few wounded individuals asking themselves, what are an injured construction worker’s rights, and is consulting a construction accident lawyer the right move?

Understanding An Injured Construction Worker’s Rights – Key Takeaways:

• Injured construction workers have the right to get immediate medical attention after an on-the-job accident.
• Document the incident thoroughly, including copies of the doctor’s report, injury photos, photos of the scene where the accident took place, and statements and contact info from all witnesses.
• Report the injury to your employer within 30 days for a chance at worker’s compensation insurance settlement.
• Employers are required to provide PPE and a safe working environment.
• All construction companies must follow adequate training and OSHA-enforced safety standards.
• Employers may be liable if they fail their duty of care but neglect to follow any and all reasonable safety standards.
• A negligent third party may be responsible if the property owner, a fellow co-worker, or the manufacturer of a faulty tool or machine fails their duty of care to the injured worker.

Injured construction workers may be hesitant to take legal action against their employer for fear of job insecurity or breaking their boss’s bank. That said, whether you pursue workers comp or a personal injury lawsuit against a third party, you’re not suing them. You’re simply asking their insurance company to do the job your employer, the property owner, or the equipment manufacturer pays them to do.

That said, construction insurance companies have a way of deflecting their responsibility and violating an injured construction worker’s rights by lowballing the settlement while they know you’re desperate. They may even try victim-blaming the injured party if they think they can get out of paying the total settlement.

If you or someone you know is an injured construction worker seeking assistance for construction accident injuries, this article is for you.

What to Do After a Construction Accident at Work

If you or a loved one were in a construction accident at work, seek immediate medical attention immediately and report the incident within 30 days. We suggest a free consultation with a construction accident lawyer before accepting workers’ comp, as it may not cover all damages.

Seek medical assistance

We suggest immediate medical help after any injury on a construction site, including minor injuries. Adrenaline can spike during an injury and dull pain, leading us to believe an injury isn’t that bad. But minor sprains can get worse with time and minor cuts can get infected.

If complications arise and the incident isn’t documented, it’s a lot harder to get your damages covered by a worker’s comp. We suggest you take pictures of the injuries both before and after the doctor treats them, and document your progress.

When choosing a doctor, seek a provider registered with the Workers’ Compensation Board. Inform the doctor exactly how the workplace injury occurred, highlighting any unsafe conditions that contributed. Ask for copies of all the doctor’s reports, including X-rays or other medical images.

Be sure NOT to use personal health insurance or to pay out-of-pocket. Worker’s comp and employer’s insurance may use anything to dodge reimbursement for the total damages, including questioning your intentions in paying the bills yourself. We’ve seen insurance adjusters accuse injured clients of hiding details or changing their story simply because they paid the cost of their treatment.

Document the scene

Before you file the accident or incident report with your employer, we suggest collecting the names and contact info of any witnesses who saw the accident that led up to your injuries.

Document the injury scene as soon as you can after the accident. Take photos of the location of the incident, any unsafe conditions that contributed, and the tools and equipment involved. Again, request copies of your medical records, including any x-rays, and take the injury photographs mentioned above.

Report the Accident to your employer

Once you have the details of your injury documented, inform your employer of the incident–the details may vary depending on where in the U.S. you’re working. In most cases, injured construction workers have 30 days to report the incident.

Your employer is required to file a written report, and you have the right to a copy of the report. Request a copy, and be sure the report covers the incident accurately–a construction accident lawyer can

Talk to a construction accident attorney

We suggest a free consultation with an experienced construction accident lawyer soon after the incident. Professional and experienced personal injury attorneys like our team at Zinda Law Group work on a contingency fee basis. This means you pay nothing out of pocket; they simply take a percentage of the settlement if you win.

An experienced construction injury lawyer will review the details of your situation and tell you if the worker’s comp offer is fair or if there’s third-party negligence at play. For example, suppose a malfunctioning piece of machinery caused the situation. In that case, the manufacturer may be liable to cover expenses workers comp won’t reimburse, such as pain and suffering, mental anguish, and loss of quality of life. Depending on the settlement offer, going beyond the worker’s comp and filing a personal injury lawsuit is in the injured worker’s best interest.

File for Workers’ Compensation

Once a construction accident injury lawyer has examined the details of your case, they can help guide you through your options and suggest whether workers comp or another liable party’s insurance is the ideal option.

In most cases, workers comp will cover the basics of any injury, regardless of liability. You can file online, by mail, or in person at a local Workers’ Compensation Board Office, but avoid cashing the check until your lawyer reviews the settlement.

Even workers comp insurance can lowball the settlement if they think they can get away with it. Unfortunately, construction workplace injuries leave workers unable to work and wondering how they’re going to pay their bills. As tempting as the insurance companies know their initial offer may be, you give up your right to future settlements once you cash the check.

Construction Worker Rights

All construction employers are required to follow the workplace requirements, rules, standards, and regulations that are established to keep their workers safe. While the details may vary from state to state, the Occupational Safety and Health Administration (OSHA) grants all construction workers the following rights:

• The right to obtain medical records and documentation of exposure to hazardous materials
• The right to examine records of any and all illnesses and injuries incurred at the workplace
• The right to access the results from workplace hazard testing
• The right to request and initiate an OSHA inspection in case of employer non-compliance
• The right to anonymity from an employer, if so desired, upon requesting inspections, records, documents, or test results
• The right to protection against discrimination and reprisal for reporting an OSHA grievance.

In addition to the rights OSHA grants to construction workers, they also require construction employers and managers to follow specific guidelines to train, educate, and protect their employees. Let’s take a look at the obligations construction employers are required to follow.

Injured Construction Workers’ Rights Following an Accident

When accidents occur, injured construction workers have rights to legal protections, including medical care, legal representation, and a worker’s comp claim or a personal injury lawsuit.

Right to Medical Care: The injured worker has the right to seek immediate medical attention and establish a medical record for potential legal claims.

Right to Legal Representation: An injured worker has the right to consult with a construction accident lawyer to help them navigate the complexities of workers’ compensation claims and to pursue additional claims against third parties when required.

Right to File a Workers’ Compensation Claim: In most states, injured workers can file a workers’ compensation claim that covers medical bills, some lost wages to the injured worker, and death benefits to any dependents in the tragic case of workers killed on the job.

Construction Employer Obligations

OSHA requires construction companies to adhere to and enforce regulations that are implemented to protect construction workers. Here are the obligations construction employers and managers have to follow:

• Provide a safe working environment that’s free of hazards, obstructions, and distractions
• Provide safe tools and equipment that are functioning correctly, teaching, monitoring, and educating employees on how to use them.
• Inform employees of OSHA standards and how to apply them to the current project.
• Display OSHA rights and responsibilities in the workplace that are legible and understandable to all workers
• Develop and apply a hazard communication policy that includes container labeling, employee training, and information and safety data for all materials with which construction workers come in contact.
• Provide training and education in however many languages required so that all employees understand
• Inform workers about how and where they can access medical records and documentation about hazardous materials and any exposure records.

The OSHA Inspection Process

Construction workers have the right to file a written complaint to OSHA regarding the construction management’s failure to enforce the safety regulations, and that complaint can be anonymous. If the worker’s complaint provides reasonable grounds for a safety inspection, OSHA can inspect the workplace.

The OSHA inspector often joins a Worker’s agent, chosen by either a union or the construction workers themselves. Depending on the details of the employee’s complaint, the OSHA representative conducts either a partial inspection or a full one.

Once the OSHA inspector has finished their inspection, they discuss their findings with the employee’s agent.

Protective Measures to Prevent Accidents

Construction companies are required to employ safety protocols and protective equipment and to educate workers on how to put them all into practice. Proactive measures that can significantly reduce workplace accidents include:

• Use of Personal Protective Equipment (PPE): Compliance with safety guidelines and proper PPE equips workers to handle the job without compromising safety
• Ongoing Training and Education: Routine safety training educates workers on best practices and procedures for accident prevention
• Employers’ Duty to Maintain Safety: Employers have a duty to comply with safety regulations and provide workers with a safe work environment.

The OSHA inspection process, the construction company’s obligations, and the rights of construction workers all exist to hold ‌employers accountable for the safety of the construction site and their workers. Unfortunately, construction managers still tend to sacrifice their standards to increase productivity, save money, or meet unrealistic deadlines.

Let’s look at the common types of construction injuries, their causes, and the financial damages that workers comp’ may and may not cover. Then, we’ll look at how a skilled construction accident lawyer can handle insurance for you while you focus on healing.

Types of Construction Injuries

Construction accident injuries vary in severity from minor scraps to sprains to broken bones, electrocution, blunt force traumas, falling from heights, or getting struck by a heavy object. Construction worker accidents can be fatal, with death rates on construction sites being around five times higher than other on-the-job injuries.

Falls

Falling is one of the most common construction accidents. Causes of construction fall accidents include:

• Ladder accidents: damaged ladder, improper setup, or using a ladder rated for inadequate weight support.
• Unstable scaffolding: poor scaffolding construction, improper harnessing, and overloading the weight limit.
• Construction site hazards and obstructions: falling into holes, over an edge due to lack of guardrails, and equipment left out of place obstructing workers
• Impalement: landing on sharp objects such as tools, machinery, exposed rebar, etc.
• Fatal Falls: in 2019, 401 out of 991 fatal construction accidents in the U.S. were caused by falls.

Electrocutions

Electrocutions are another type of workplace injury construction workers must be vigilant about. Common types of electrocution injuries include:

• Contact with exposed wires
• Improper/faulty equipment use
• Lack of ground-fault protection
• Fatal Electrocutions made up 7.2% of fatal construction accidents in the U.S. in 2019.

Caught-Between Accidents

• Caught between or pinning accidents are extremely common and second only to falls in terms of fatalities. These accidents include construction workers getting their limbs, hair, and other body parts stuck or pinned by machinery, material, or other heavy objects. Types of between accidents include:
• Entanglement with tools and machinery
• Trench collapses
• Material spills
• Amputations and suffocation

Struck-By Accidents

Struck-by accidents refer to injuries sustained through blunt-force impact, whether that object is tools, machinery, or building materials. Struck-by accidents result in a range of injuries, from bruises, lacerations, and fractures to broken bones and traumatic brain injuries.

Types of struck-by accidents include:

• Workers struck by tools, materials, or equipment dropped from higher levels
• Construction workers struck by construction vehicles (bulldozers, forklifts, dump trucks, cranes)
• Workers struck by oversized materials or tools being carried irresponsibly by co-workers

Repetitive Motion Injuries

Repetitive motion injuries are injuries caused by performing the same task repeatedly. This can happen when you use a power tool or use the same joint and muscle for a long time. Repetitive-motion injuries often cause chronic pain and can lead to extended recovery time off work.

Repetitive-motion injuries are a bit different in that they may not be caused by a single construction accident but by management’s negligence as they push their workers too hard on a single task without considering their well-being. Competitive motion injuries include:

• Carpal tunnel syndrome
• Strains, sprains, and tears
• Raynaud’s syndrome
• Herniated disk
• Pinched nerve
• Meniscus tear

Accidents Caused by a Lack of Protective Equipment

Personal Protective Equipment (PPE) is not only mandated by most construction company policies; providing your workforce with all the PPE they need is a legal requirement. That means your employer is responsible for telling you what types of PPE are required for the particular task you’re performing.

Your employer is responsible for providing PPE that is functional and fits properly–common types of PPE-related injuries include:

• Injuries sustained because the PPE didn’t fit the worker properly
• Workers were injured because the PPE provided was uncomfortable or obstructive, so they took it off
• Injuries incurred due to dysfunctional or cheap PPE that failed to protect
• Lack of training on how to wear or use the provided PPE properly

Other Catastrophic Injuries caused by Construction Accidents

• Cuts and lacerations
• Burn injuries
• Concussion
• Brain injury
• Eye injury
• Crushing injury Degloving injury Amputation Whiplash
• Spinal cord injury
• Herniated disks Back injury Knee injury
• Broken bones and fractures Repetitive motion injury Soft tissue injury Internal organ damage Electrocution injury
• Loss of life
• Wrongful death of a family member

Unfortunately, all of these types of injuries can be lethal. Let’s take a look at the types of construction site injuries that can lead to deaths. Then, we’ll cover what rights injured construction workers have and how the survivors of employees who lost their lives due to a workplace accident are entitled to compensation.

What Types of Construction Accidents Most Commonly Cause Loss of Life?

Construction accident injuries are five times more fatal than those sustained in other work lines. Proper training and safe working conditions are a must, as falls, electrocutions, struck-by injuries, and caught-between situations can all result in construction worker death.

• Falls: Falls are the primary cause of construction worker fatalities across the country, making up 36.5 percent of all deaths, according to OSHA. Fall accidents typically happen when employers fail to provide proper fall-prevention equipment and guardrails. Other fatal falls are caused by poorly constructed scaffolding or when workers lack sufficient training for working at significant heights.
• Electrocution: Around 8.6 percent of the time, a loss of life caused by a construction accident was triggered by electrocution due to exposed wires or live wires that aren’t labeled, improperly grounded wiring, or faulty tools, machinery, or equipment.
• Struck-By Objects: OSHA reports that objects striking workers cause 10.1 percent of construction accident fatalities. The leading causes of struck-by accidents include unsafe working conditions, insufficient equipment security measures, or defective tools, equipment, or machinery.
• Caught In/Between Objects: Around 2.5 percent of deaths among construction workers happen because they’re trapped between objects. Workers can get caught in machinery or stuck between a machine and a heavy object or structure. Malfunctioning equipment can also pin or trap workers.

Common Causes of Construction Accidents

Construction workers’ injuries suffered at the workplace are caused by a variety of hazards, ranging from equipment failure, improper use of tools and machinery, exposure to hazardous materials, lack of safety precautions like guard rails, and poor construction site layout.

 Here’s a helpful list of some of the most common causes of workplace injuries our construction accident lawyers encounter:

• Equipment failure
• Chemical exposure
• Explosions and fires
• Power tool misuse
• Improper road safety
• Lack of machine guarding
• Poor site design

Can Injured Workers Receive Financial Compensation after a Construction Accident?

Laws around construction worker injuries can be complex to navigate and vary by location. That said, regardless of how complicated these laws typically favor the worker, when you or a loved one are injured on the job, there are two distinct possible routes for pursuing compensation you need to pay for medical bills and lost wages:

• Filing for workers’ compensation can be beneficial if you injured yourself on the job. Worker’s comp covers medical bills, a portion of lost wages, temporary disability payments, and vocational rehabilitation, meaning rehab geared toward getting you back to work.
• Filing a personal injury lawsuit is another possible option for a third party’s negligence. If a subcontractor or equipment manufacturer was responsible, you might be able to file a personal injury lawsuit.
  • A construction worker injury lawsuit can allow workers to seek all the same compensation workers’ compensation provides but also allows for increased medical costs, lost wages, pain and suffering, and loss of future income.

Again, we suggest a free consultation with a seasoned construction accident lawyer to help you decide which option is ideal, given the details of the accident. For now, we’ll take a closer look at the two options and the general circumstances that make them both ideal.

Workers’ Compensation vs Personal Injury Lawsuits

While workers comp is typically faster, which can feel like a relief when the bills are piling up, it doesn’t allow workers to recover for things like pain and suffering or loss of future earning capacity.

 

Once you accept worker’s comp, you may forgo your right to future recovery. That means if you have to miss work a year later due to an injury flair-up, there’s a possibility of no financial support.

The main concern we hear from an injured construction worker with rights is that they’re afraid to pursue any actions because they like their job and don’t want to sue their bosses. We’re here to tell you that regardless of whether workers’ comp or a personal injury lawsuit is the ideal choice, you don’t have to sue your employer to receive financial compensation.

Even if we file a personal injury lawsuit, we’re suing your employer’s or the equipment manufacturers’ insurance company, not your employer.

• An injured construction worker typically has two legal options: a workers’ compensation claim or a lawsuit against a negligent third party.
• If you hire a construction accident lawyer, we can deal navigate the financial compensation process on your behalf.
• At Zinda Law Group, we have experience pursuing both workers’ comp and a personal injury lawsuit, and we inform our clients of any actions that might disqualify them from fair compensation early in the process.

What damages can a construction accident lawyer help me recover?

Construction injuries impact workers and their loved ones. A construction accident lawyer can pursue worker’s comp and personal injury lawsuits against a negligent third party if they apply while you rest and recover, avoiding awkward conversations with upper management and their insurance adjusters.

A personal injury lawyer can help you recover damages and receive fair compensation for:

• Pain and suffering
• Loss of wages
• Reduction of future earning capacity
• Physical therapy
• Recovery expenses
• Therapy or counseling treatment
• Loss of consortium for loved ones left behind

When to file for workers’ compensation after a construction accident:

It may be ideal to file workers’ comp in situations where the injured worker violated a safety protocol themselves, and that violation is what contributed to the injury. Worker’s comp pays out regardless of safety violations, and employers typically won’t refuse a worker’s comp claim.

The law requires construction employers to carry workers’ comp insurance, providing injured construction workers rights and protections after an accident. It also protects the employer from having to go into their pocket to pay their employee’s medical expenses and lost wages. The upside of worker’s comp is that most injured workers qualify.

When to file a lawsuit for a construction accident injury?

Construction accidents often result from a safety violation, such as using an unstable, unsafe ladder or scaffold harnesses with frayed ropes. If management, a subcontractor, a faulty piece of machinery, a lack of training, or unsafe working conditions caused an accident that resulted in injury, you can be justified in filing suit.

If your employer violated a safety protocol via management, scheduling, a lack of training, or setting up an unsafe site, a lawsuit might also be the ideal option. Employer negligence can include pushing employees to work too fast or under stressful/hazardous conditions.

Workers’ comp doesn’t pay for pain and suffering, while personal injury lawsuits may. Workers’ comp doesn’t typically cover all the types of damages lawsuits can, such as lost wages, pain and suffering, loss of earning capacity, or any kind of future losses while personal injury lawsuits may.

If negligence was the cause of the injury, a lawsuit can help you get the full amount you need. If a safety violation or malfunctioning equipment was the cause of the accident, then negligence is a factor.

The construction industry can be dangerous, but construction workers have rights. Holding companies accountable improves safety conditions for other employees. Remember, you’re not filing a lawsuit against an employer but the negligent third party’s insurance carrier.

Who Can Be Held Liable for a Construction Accident?

While employers are typically exempt from personal injury lawsuits for construction accident injuries, many State laws still allow you to file a lawsuit against a third party. These can include:

• Construction site owners
• General contractors
• Sub-contractors
• Prime contractors
• Equipment manufacturers, retailers, or wholesalers
• Architects

Proving third-party construction accident liability

If a property owner, general contractor, equipment or tool manufacturer, or any other third parties may be liable, you usually have to prove duty of care to the injured worker. Duty of care means the third party was obligated to provide workers with safe conditions, machinery, or gear.

You then typically have to prove a Breach of Duty by the third party–proving that they failed at their responsibility to keep you safe. Finally, you’ll have to prove that the party’s negligence directly resulted in the accident and that the accident was the cause of the injury.

This doesn’t just apply to subcontractors and property owners.  In the case of defective equipment or materials, we often file product liability lawsuits against the manufacturer.

We know there’s a lot to take in when it comes to navigating the medical system, your worker’s comp policies, and deciding if a personal injury lawsuit is the best course of action, especially when you’re recovering from an injury and unable to work and pay the bills.

To make things more complicated, many details vary depending on the state where the construction accident occurred.

Let’s look at the benefits of bringing a seasoned construction injury attorney into your corner.

Injured Construction Workers Have Rights: How a Construction Injury Lawyer from Zinda Law Group Can Help

If you or someone you know were injured in a construction accident on the job, it is ideal to seek medical attention, document the incident, and report the injury within 30 days of the process.

Construction companies and property managers are responsible for providing a safe working environment and all relevant PPE. Employers must provide adequate training, OSHA standards, worker rights in all necessary languages, and functional and safe tools and machinery. If the employer, property owner/manager, or tool/machinery manufacturer fails their duty of care to the worker, they can be considered negligent and liable for the accident.

Our experienced construction accident lawyers at Zinda Law Group specialize in workplace personal injury cases. We can review the differences, benefits, and drawbacks of workers comp and personal injury lawsuits and help you decide the best course of action as you pursue your basic injured instruction worker’s rights.

Workers comp and any negligent parties’ insurance carriers are all responsible for covering an injured construction worker’s damages. That said, insurance adjusters can be masters of gaslighting and blaming victims to avoid paying the full settlement you deserve. This shameful deflection tactic adds emotional and psychological stress while you’re already healing, possibly undermining an injured construction worker’s rights to proper compensation for medical expenses and lost wages.

Furthermore, worker’s comp typically doesn’t cover damages like pain and suffering, mental anguish, loss of quality of life, and the loss of earning capacity and its effect on your ability to earn a living in the future.

Our compassionate legal team at Zinda Law Group is well-experienced at identifying all responsible parties, including third parties like equipment manufacturers, to maximize compensation. We can advise on whether to settle or proceed to litigation, guiding clients through the legal process to recover fair compensation.

Our process starts with a free consultation, where we’ll conduct a thorough case assessment and probe the details of your case. We can handle litigation on your behalf if we determine a lawsuit is ideal. And the best part is we work on a contingency fee basis, meaning you pay nothing unless we win.

Contact Zinda Law Group today for a free consultation, and one of our experienced construction accident lawyers will make sure your injured construction worker’s rights are protected.