Legal Remedies for Construction Site Accidents

construction site accidents

The construction industry is home to some of the most dangerous jobs; yet, roughly, 7 million Americans go to work at a construction site every day. Workers face numerous hazards and, sometimes, unsafe worksites that can lead to serious injuries. In fact, in 2019, construction site accidents accounted for 20% of worker fatalities or one in five worker deaths.

Typically, when an injury occurs, whether at a construction site or another facility, if it is work-related, Workman’s Compensation covers medical expenses. However, there are some situations where you may be able to bring a legal claim in addition to a workman’s comp claim.

Read: Construction Job Site Accidents. Construction accidents can be caused by defective/unsafe construction equipment, falls from heights, by falling debris, forklift accidents, explosions, electrocution, and more.

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Workman’s Compensation

As an employee, your first course of action in a work-related construction accident is workman’s compensation. This type of insurance is carried by your employer so that when you are hurt doing your job, your medical expenses and lost wages are covered whether the accident happened at your normal place of work or anywhere else you had to be.

In most cases, workman’s compensation is an exclusive remedy; however, if someone other than your employer did something that led to your construction accident, you may have a personal injury claim as well.

Construction site accidents can happen to both employees and non-employees (pedestrians, bicyclists, drivers moving through a work zone, children playing in the area, etc.).


Personal Injury: Third-Party Lawsuit

construction site accident, unsafe worksites, lawyer, legal remedies

Consult an attorney who understands third-party claims.

If you are hurt in a work-related accident and it involved or was caused by a third party’s negligence, you also may be able to pursue a third-party lawsuit. Third-party lawsuits help you obtain compensation not available through workman’s compensation.

With a third-party lawsuit, you will need to show that negligence by a third party caused (or contributed) to the accident and your injuries, or that a product, machine, or tool was defective when used as intended.

Read: Workman’s Compensation or Personal Injury Claim. Workman’s Compensation differs from personal injury claims with the main differences being: fault requirements, types of compensation available, and the right to sue.

Can you pursue a third-party claim? Call us at (877) 284-6600, Chat Online or use our Text Us widget.

Proving negligence in a third-party lawsuit means the plaintiff has to show:

  • The defendant owed a duty of care to the plaintiff
  • The defendant breached that duty
  • The breach of that duty caused the plaintiff’s injury, and
  • The plaintiff’s injury resulted in damages

In the case of product liability, where the product, machine, or tool is defective, the plaintiff must establish:

  • The product was defective
  • The defective product caused the worker’s injury
  • The defective product was being used as intended
  • The person received an injury

Should you have a loved one killed in a construction site accident, you may have a wrongful death lawsuit.


SERIOUSLY INJURED IN A construction site ACCIDENT?

construction site accidents, legal remedies, unsafe worksitesIf you or a loved one has been seriously injured in a construction site accident where your injuries were due to another’s negligence, contact Nash & Franciskato at (877) 284-6600. We have a successful track record of helping accident victims collect the compensation they deserve.

One of our experienced staff will speak with you personally and will provide you with a free, no-obligation review of your case. Having an attorney who is your advocate can offer you peace of mind during your recovery.

Injured? sTART YOUR FREE CASE EVALUATION TODAY

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