An Overview on Construction Accident Law
Common claims and legal options
on December 15, 2016
Updated on June 28, 2022
Construction is one of the most dangerous jobs in America. If you are a construction worker, you likely know someone who has been injured in a construction accident. In the unfortunate event you are injured on a construction site, you might be wondering what your legal options are.
If you have experienced a construction accident, you don’t have to figure out your next steps alone. But hiring a lawyer might seem like a daunting task. The following is designed to give you an overview of common claims that arise so you feel confident speaking with a lawyer.
Construction sites are full of dangers and knowing what to look for can help prevent accidents. Common dangers include falls, electrocutions, falling objects and repetitive motion injuries. However, sometimes accidents are not prevented and injuries result.
If you are involved in an accident on a construction site, you may consider filing a workers’ compensation claim. If the accident was a result of your employer’s negligence or a piece of equipment, you might also consider a personal injury claim. In many cases, filing a workers’ comp claim could prevent you from filing other claims.
It is the employer’s—not the employee’s—responsibility to purchase workers’ compensation insurance, the benefits of which are available to employees whose injuries arise from their employment. Workers’ compensation insurance is designed to mitigate the financial effects of a workplace injury.
The availability of workers’ comp can vary by state—some states do not allow employees to file claims if the employee’s own negligence contributed to their injury, and some states don’t extend protections to agriculture workers. Before filing a claim, you will want to make sure you are covered in your jurisdiction. For more information about workers’ comp, you can follow this link.
Personal injury is a complex area of law that often involves agencies like OSHA or large manufacturers. This area of law is also highly state-specific. There are two common claims that usually arise from construction accidents: negligence and products liability.
If you believe your employer caused the accident at your construction site, you may want to consider a negligence claim. Negligence is a legal theory that is used when one person did not act reasonably or carefully and caused harm to another person. To prove a negligence claim, you will need to show that your employer breached the duty of care they owed to you and that breach caused your injuries. In some jurisdictions, if you show that there was an OSHA violation at the worksite that caused your accident, then you will not need to show anything else to prove your employer was negligent. You can follow this link for more information about personal injury law.
If you were injured by a piece of equipment at work, you may want to consider a products liability claim. These types of claims are used to determine who is responsible for dangerous or defective products. Product liability claims are based on state law, but fault is often proved using strict liability. In many cases, you can recover from the manufacturer of the product and the seller of the product. Click here for more information about products liability.
Below are some common questions you may be thinking of right now or questions you might want to consider when meeting with an attorney for the first time.
- Will an OSHA inspection change my case?
- If I file a workers’ compensation claim, can I still sue my employer for damages?
- What kind of compensation can I receive after a construction accident?
- Can I recover compensation if I contributed to my construction accident?
- How will my union membership affect my construction accident claims?
- How do I determine who is liable for my injury?
Finding the Right Attorney for Your Needs
It is important to approach the right type of attorney—someone who can help you through your entire case. To do so, you can visit the Super Lawyers directory, and use the search box to find a lawyer based on your legal issue or location.
To help you get started, you may want to consider looking for a lawyer who specializes in construction accident law.
Why Should I Talk to a Lawyer?
An experienced lawyer will have the resources to access your medical records to evaluate the extent of your injuries and conduct depositions to determine liability. Your lawyer will be able to look at the facts of your case and help you decide what type of case you should bring. They will also know your jurisdiction’s rules about filing workers’ comp claims and whether you are protected.
A lawyer will be able to anticipate potential problems with your case and advise you on how to approach them. Your lawyer will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.
Why Super Lawyers?
Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. As Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public. You can learn more about the selection process here.