Construction accidents can result in serious injuries and have long-lasting consequences.
The lawyers at Skiba Injury Law represent injured workers in filing for workers’ compensation benefits and provide legal consultation for construction accident injuries. We will explore the different types of construction accidents and injuries that can occur on job sites and discuss who may be held liable for these accidents.
Below we will also cover the different types of damages that may be awarded in a construction accident case and how a construction accident lawyer can help you navigate the legal process.
If you have been injured in a construction accident, it is important to understand your rights and seek the compensation you deserve.
What Is a Construction Accident?
A construction accident refers to any incident that occurs on a construction site resulting in injury or harm to workers, visitors, or bystanders. The frequency and severity of injuries and fatalities within the construction industry are alarmingly high, necessitating legal assistance for compensation and representation in the event of construction accidents. These accidents can vary in severity and may involve falls, equipment malfunctions, or structural collapses.
Common causes of such accidents include lack of proper safety equipment, inadequate training, negligence by contractors or workers, and defective machinery. These incidents can lead to serious injuries, long-term health issues, or even fatalities, impacting the lives of the victims and their families. Along with the physical toll, construction accidents often result in financial burdens due to medical expenses, lost wages, and rehabilitation costs.
What Are the Most Common Types of Construction Site Accidents?
Construction site accidents encompass a wide range of incidents, with some of the most common types including falls from height, scaffold collapses, electrical accidents, and trench collapses. The Federal Occupational Safety & Health Administration (OSHA) lists the following four most common causes of construction accidents:
Fall Hazards: in 2022 work-related fatalities due to falls, slips, and trips resulted in 865 fatalities. Even at minimal heights, workers must rely on safety reinforcements to ensure their wellbeing, such as scaffolding, adequate railing, wear and use of personal fall arrest equipment and safeguarded machinery and equipment. Construction companies that fail to provide, routinely inspect, or maintain equipment and machinery knowingly put construction workers at risk.
Struck By or Against an Object: Workers are constantly at risk of coming into contact with falling objects, loose materials, equipment, and heavy machinery. Construction site workers must avoid positioning themselves between moving and fixed objects, and should always wear high-visilbity clothes near equipment and vehicles. Jobsite operators and owners are required to provide workers with safety equipment to prevent them from being hit by or against an object on the job site and to safely transport materials.
Electrocution Accidents: Locating and identifying utilities before starting work is imperative. If a construction site/project is not correctly planned or safety inspections are not performed, workers can come into contact with live wires that should have been temporarily shut off or diverted. A lack of electrical and safety training for workers also contributes to electrocution accidents that result in severe injuries or deaths. Workers and construction companies must look for overhead power lines when operating any equipment, and maintain a safe distance from power lines at the construction site.
Caught in Between: construction workers can become victims of “caught in between” accidents. These accidents can occur if workers get wedged between two objects. For instance, semi-trailers and dock walls, truck frames and hydraulic beds or other such equipment
Other common causes of construction accidents that result in severe injuries or deaths, include ladder or scaffolding accidents, repetitive motion injuries, forklift accidents, missing guards or protections on power tools, tripping hazards, and more.
For instance, falls from height are a significant concern in construction, often occurring due to inadequate fall protection systems or worker negligence. Scaffold collapses, on the other hand, can result from improper assembly or overloading. Electrical accidents may happen when workers come into contact with live wires or faulty equipment.
To prevent such incidents, construction sites must adhere to OSHA regulations, conduct regular safety audits, provide proper training to workers, and ensure the use of personal protective equipment. Industry standards such as the OSHA standards for construction and the ANSI scaffolding standards play a crucial role in maintaining safety on construction sites.
It is also important to seek legal representation for construction site accident claims or suits to pursue fair compensation for injuries sustained on construction sites.
What Are the Most Common Types of Injuries in Construction Accidents?
Construction workers face numerous risks on the job each day. Because of the dangerous nature of the job, construction site injuries tend to be severe or even catastrophic. The most common types of construction site injuries include:
Fall-related injuries
Traumatic brain injuries
Amputation and/or loss of limb
Crush and caught-between
Sprains and strains
Shoulder, knee, and joint injuries
Burn injuries
Electrocution
Broken bones and fractures
Head, neck, and back injuries
Spinal cord injuries
Soft tissue damage
Overuse and overextension injuries
Nerve damage
Construction site injuries can be caused by malfunctioning construction tools and equipment, hazardous conditions, and can have serious physical and financial repercussions.
Workers at construction sites aren’t the only ones at risk. People passing by construction projects are also at risk of serious injury when workers or a construction company fails to adhere to safety protocols. Such parties may suffer the same types of injuries listed above, and may similarly be entitled to compensation for their related damages.
Medical bills can quickly pile up, especially when dealing with serious injuries that require hospital stays, surgeries, and rehabilitation. Neglecting to seek prompt medical care can lead to long-term consequences that may impact the victim’s physical and mental well-being, as well as their ability to return to work.
Construction sites present a variety of hazards, from falling objects and machinery accidents to slips and falls, making it essential for workers to prioritize safety measures on site.
Who Is Liable for a Construction Accident?
Determining liability in a construction accident can be complex, involving multiple parties such as contractors, subcontractors, property owners, and equipment manufacturers. The negligence of third-party companies can lead to construction site injuries, and injured workers have the right to seek fair compensation for their suffering.
When analyzing legal responsibilities in such cases, workers’ compensation claims often play a significant role. In Illinois, these claims provide financial benefits to employees who suffer work-related injuries, regardless of fault.
Personal injury lawyers specializing in construction accidents are pivotal in ensuring that victims’ rights are protected and that proper compensation is obtained.
What Are the Different Parties That Can Be Held Liable for a Construction Site Accident?
Building projects involve many people, like project managers, contractors, construction workers, engineers, and equipment manufacturers. This makes it hard to figure out who is at fault.
A Chicago construction accident attorney can help with gathering evidence, recording details, and speaking to witnesses can help identify who is responsible. A construction accident lawyer can help with this process to make sure the right people or companies compensate you for your injuries.
Various parties can be held accountable for a construction accident, including but not limited to:
Property Owners
In Illinois, property owners must keep their buildings and premises safe, even during construction or renovations.
Illinois laws can hold property owners responsible for accidents, even if they didn’t directly cause them. If they invite people to view ongoing construction and someone gets hurt, they can be liable. They can also be responsible if they don’t post safety warnings or secure the work area properly.
Legal claims against property owners are different from workers’ compensation cases. You can seek compensation for your injury expenses, lost wages, trauma, pain, and suffering if the owner is negligent or at fault.
General Contractors and Construction Companies
The project’s contractor must keep the work site safe for workers, passersby, and visitors. They are usually responsible for the work of subcontractors and employees and can be liable for accidents if they:
Hire subcontractors with past safety violations
Fail to check subcontractor backgrounds
Employ untrained workers
If a subcontractor’s past mistakes cause your accident, the general contractor might be legally responsible. Subcontractors, workers, or building managers can also be at fault.
Construction companies often bear primary responsibility as they oversee the project, ensuring compliance with safety regulations and providing a safe working environment. They are likely liable if someone gets injured due to unsafe conditions or procedures. Contractors also have some duties they can’t delegate. If they do, it’s considered negligence.
Subcontractors, on the other hand, may be liable if they fail to carry out work diligently or adhere to safety protocols established by the main contractor
Manufacturer of Machinery or Equipment
Companies that make construction machinery and tools can be liable if their equipment malfunctions and causes accidents. If a defect causes an injury, you can file a claim to recover medical costs and other expenses.
Injuries can happen from faulty scaffolding, machines, tools, ladders, and safety gear. New York laws hold suppliers and manufacturers liable for defective equipment. You only need to prove the product was defective, not that the manufacturer was negligent. Manufacturers can also be liable for negligence and warranty violations.
Architects, Engineers and Site Designers
Design professionals involved in a building project can be liable for accidents if their work doesn’t meet professional standards. They can be at fault for injuries caused by mistakes or oversights, depending on factors like:
The contract with the construction company
Their involvement in the project
The specific circumstances of the accident
Architects are responsible for the entire building plan and must ensure blueprints meet building codes. They need to inspect and oversee the construction to ensure compliance. Failure to do so can lead to negligence claims.
Engineers must ensure the project is safe and follows safety codes. They should secure sites, perform routine inspections, and assess construction materials. If they don’t, they can be at fault for accidents and injuries.
Land surveyors can be liable if they don’t correctly identify land concerns, measure boundary lines, or map structure locations accurately. Negligence occurs if their surveys don’t comply with local laws.
What Are the Factors That Determine Liability in a Construction Accident?
Factors that influence liability in a construction accident include negligence, OSHA violations, contractual agreements, insurance coverage, and workers’ compensation benefits.
Legal precedents are crucial in determining liability attribution, as past court decisions set a precedent for similar cases. Safety regulations mandated by authorities like OSHA serve as a benchmark for assessing compliance and duty of care in construction sites, influencing liability outcomes. The framework for compensation in construction accident lawsuits is guided by statutes that outline the rights of injured workers and the responsibilities of employers.
What Are the Different Types of Damages in a Construction Accident?
Damages in a construction accident can be categorized into economic, non-economic, and punitive categories, aiming to compensate victims for financial losses, pain and suffering, and deterrence of negligent behavior. Because construction accidents are very labor intensive jobs, a serious injury from a construction accident can have devastating consequences, necessitating compensation to cover extensive medical expenses.
In construction accident cases, damages that victims can recover include:
The cost of ongoing treatment like physical therapy
Having a Chicago construction injury attorney like Skiba Injury Law by your side will greatly help you account for all the damages and get maximum possible compensation.
Compensation Options After a Construction Site Accident
There are several options for seeking compensation after a construction site injury:
Workers Compensation: Most employers provide workers’ compensation insurance to cover their workers in the event of construction site accidents. Construction injury victims can file an Illinois workers’ compensation claim against their employer’s insurance to receive benefits, however those benefits may be limited.
Personal Injury: Workers’ compensation insurance prevents an injured worker from seeking personal injury claims against his or her employer. However, a construction worker is still eligible to file personal injury lawsuits against relevant third parties whose negligence contributed or caused the construction site injury.
Wrongful Death: In case a construction worker dies on the job, the worker’s surviving family may be entitled to compensation by filing a wrongful death lawsuit.
What Should You Do If You Have Been Injured in a Construction Accident?
If you are a construction site worker and sustain an injury in a construction accident, seek immediate medical attention, report the incident to your employer, document the details, and consult with experienced Chicago construction accident attorneys to safeguard your rights and pursue compensation.
After receiving medical care, it is crucial to report the accident promptly to your employer. This action not only ensures that necessary steps are taken to prevent future accidents but also establishes an official record of the incident.
Alongside this, documenting all relevant details, such as the time, location, witnesses, and any injuries sustained, strengthens your case. Contacting reputable legal representation familiar with construction site workers’ rights in Chicago is essential for navigating the complexities of construction accident law and maximizing your chances of obtaining fair compensation.
Remember, taking the right steps immediately after a construction accident can significantly impact the outcome of your case.”
How Can a Chicago Construction Accident Lawyer Help Negotiate a Settlement for a Construction Accident Case?
A skilled Chicago construction accident lawyer can aid in negotiating a fair settlement by assessing the extent of damages, advocating for the victim’s rights, and leveraging legal expertise to achieve maximum compensation or workers’ benefits.
We play a crucial role in guiding clients through the complex legal processes involved in construction injury cases. They meticulously review evidence, gather witness testimonies, and collaborate with experts to strengthen the client’s claim. Moreover, construction accident attorneys ensure that all deadlines are met, paperwork is meticulously prepared, and negotiation tactics are strategically deployed.
Schedule Your Consultation With our Chicago Construction Accident Lawyers Now
The construction accident attorneys at Skiba Injury Law have worked for years to get injury victims the necessary compensation. We can handle your case while you focus on rest and recovery.
Call our team or contact us online for your FREE consultation. We’ll help you sort through the details and decide your next best step. Any call will be confidential.
