A construction site can be a dangerous place. There are large, heavy objects being moved, dangerous heights, temporary structures, electrical work, chemicals, loud noises, sharp objects, heavy machinery, and high temperatures. Unless the utmost care is taken, this is a recipe for a construction site injury.
The most common types of construction site injuries, according to OSHA (the Occupational Safety & Health Administration), are the following:
If you are a construction worker injured on the job site, workers’ compensation insurance should be available to cover your medical treatment and part of your lost wages, regardless of who is to blame for your injuries. If you are injured on the job and elect to use your workers’ compensation benefits, you waive any claim you have against your employer for any claim you may have against them for negligence.
If your employer is legally to blame in some way for your injuries, you are entitled not only to the cost of your treatment, but the full amount of your wage loss, plus all other losses, including pain and suffering. But if you use your workers’ compensation coverage, you waive the right to hold your employer accountable collect all of your losses.
If there is employer negligence involved (consult with a construction site accidents lawyer to be sure), and you are an employee, you may be better off foregoing the workers’ compensation claim. On the other hand, if you were injured as a result of negligence, but it wasn’t your employer, you could get both workers’ compensation benefits and reclaim the balance of your damages from the at-fault party.
If you are on a construction site, but are not the injured worker, and you suffer from a construction site injury, whether a scaffolds accident, a construction site crane drops a load that injures you, or you fall into an unmarked open pit, because you are not an employee, your only option is to pursue a case based in negligence. To do that, you should first consult with a construction accident attorney who can evaluate the strengths of your case.
H&P Law has construction accident attorneys available and willing to help you with your construction site injury case. We are familiar with the construction industry, safety standards required at a construction site, and construction injury law.