The construction industry consists of many potentially hazardous environments. Despite strict safety regulations, accidents happen on construction sites or using heavy machinery in these zones. If an injury occurs, construction accident law protects the rights and well-being of workers. This article will comprehensively overview construction accident law, workers’ rights, information about construction accident claims, and whether or not you should hire a personal injury lawyer.
What is Construction Accident Law?
Construction accident law is the legal framework, regulations, and laws that govern the rights and responsibilities of construction workers and their employers. This comes into effect when accidents or injuries occur on construction sites or in the workplace.
Construction injury law is a specialized area of personal injury law because circumstances on construction sites present hazardous conditions that need careful regulation and technical knowledge. Construction accident law aims to ensure the safety and well-being of workers, protect their rights, and hold construction companies accountable for providing safe work environments, adequate training, and compensation for any employee injuries incurred. It ensures compliance with regulations and that responsibility is taken for negligence or unsafe conditions.
The Common Causes of Construction Accidents
Construction sites are inherently dangerous places. Unfortunately, accidents can occur due to various common and unique factors. Here are some of the common causes of construction accidents:
1. Falls at Work
Falls can occur at any point on a construction site, whether tripping over machinery or objects or falling from scaffolding, rooftops, elevated areas, or ladders. Lack of fall protection, improper equipment maintenance, and other factors can contribute to the number of falls and their severity.
2. Struck-By Accidents
Workers can be hit by falling objects, moving machinery, or vehicles. Lack of signage, poorly secured materials, or improper use of equipment can lead to struck-by accidents.
3. Caught-In or Between
Workers can be caught, crushed, or trapped between heavy objects or machinery. Cave-ins or collapsing trenches can also be examples of caught-in accidents.
4. Machinery Injuries
Construction machinery is called heavy machinery for a reason. Cranes, forklifts, excavators, and other machines risk being operated or maintained improperly. If the equipment malfunctions or the operator has inadequate training, serious accidents can occur.
5. Electrical Accidents
Electrical work is a hazard at construction sites. Faulty wiring, lack of grounding, or improper use of equipment can result in severe, sometimes fatal, electrocutions.
The Rights of Construction Workers When Accidents Occur
Every worker in the United States has rights; however, construction workers’ rights are a little more comprehensive than other industries due to the hazardous nature of their job. Every construction worker is entitled to the following rights when an accident occurs:
1. Right to a Safe Workplace
Workers have the right to a safe work environment, even in a dangerous industry. Every work environment must comply with safety regulations. Additionally, they must provide adequate training and job-specific protective equipment for all employees.
2. Right to Workers’ Compensation
If you’ve experienced a workplace injury, it is your right to file for workers’ compensation benefits to cover medical expenses and lost wages. Every employer must carry workers’ compensation insurance, and you are entitled to seek compensation when you are the victim of a workplace accident.
3. Right to Report Unsafe Conditions
If there are unsafe conditions or practices in your workplace or construction site, workers have a right to report them to the appropriate authorities without repercussions.
4. Right to Seek Legal Representation
If you have been injured in a workplace accident, you have a right to seek legal representation to protect your rights. Hiring a lawyer can help you navigate the legal process and pursue fair compensation for your injuries.
Why Is It Important to Have a Good Lawyer?
Hiring an experienced personal injury lawyer for your construction accident claim is crucial for several reasons:
1. Expertise and Experience
A construction accident claim can be complex. They involve multiple parties, insurance companies, safety regulations, and legal and regulatory intricacies. An attorney specializing in construction law has extensive experience in this area and understands how to navigate the nuances of the legal process on your behalf.
2. Maximize Your Compensation
Hiring a lawyer will help you to receive not only reimbursement, but maximum compensation for your injuries, medical expenses, lost wages, pain and suffering, other damages, and any future expenses that might occur because of the accident. An experienced attorney knows how to build a strong case and negotiate with insurance companies to ensure you receive the maximum amount you are entitled to make your recovery process stress-free.
3. Refined Legal Strategy
Experienced lawyers can develop a legal strategy tailored to your unique circumstances. They will account for the details of the accident, gather solid evidence, conduct interviews, and work with experts to present the strongest possible case.
4. Guidance Throughout the Legal Process
Hiring an experienced construction accident lawyer means your claim will go smoothly, and follow these steps. A lawyer will begin with a consultation, after which they conduct a thorough investigation to gather evidence, medical records, and other details of your case. Once they have built a strong case, an attorney will negotiate with insurance companies to seek a fair settlement that covers losses and damages. If a settlement cannot be reached, the attorney will proceed with litigation by filing a lawsuit, representing you in court, and presenting your case to a judge and jury. If your case proceeds to trial, your lawyer will argue on your behalf or reach an agreeable settlement for both parties.
How Roberts Jones Law Can Help
Are you the victim of an accident in your construction workplace? Robert Jones Law is here to help! Our Washington-based personal injury attorneys are experienced and knowledgeable about the intricacies of construction accident law and filing legal claims. We will start by learning and documenting every detail of your accident and use the legal framework to ensure you receive the maximum compensation possible for your workplace injury and that the company becomes more responsible in the future. Contact Roberts Jones Law today for a consultation to discuss your potential construction accident case and learn more about your legal rights and options!