A construction injury is any injury that an employee sustains during the course of work on a construction project. Because construction sites are considered inherently dangerous, construction contractors and subcontractors are required to comply with health and safety regulations set by the Occupational Safety and Health Administration (OSHA).
Construction site accidents and injuries occur nonetheless, because rules may not be obeyed and construction workers face numerous hazards.
For example, OSHA recommends the following steps to prevent injury or death from one of the four construction hazards that are often fatal, i.e., falls from heights. Injuries from falls can be prevented by the following measures:
- Wearing personal fall arrest equipment e.g. harnesses;
- Covering and securing openings in floors and labeling the covers of floor openings;
- Using ladders and scaffolds cautiously.
Still, many workers are fatally injured in falls from heights on construction projects.
Installers of electrical power lines are the most likely to suffer fatal injuries in the construction industry at roughly 67 deaths per 100,000. The Census of Fatal Occupational Injuries reports that over a 45-year career, a construction worker has a 75% chance of experiencing an injury that could result in disability. They have a 1 in 200 chance of being fatally injured on the job.
What Are Some Common Construction Injuries?
Some of the common accidents and injuries that occur at construction sites involve the following:
- Injuries resulting from falling objects;
- Slip and fall injuries while working with power tools;
- Injuries to the neck and back from lifting heavy objects;
- Electrocutions;
- Injuries sustained by workers when they fall from heights;
- Health hazards resulting from exposure to dangerous chemicals;
- Getting caught between pieces of moving equipment.
Due to the nature of construction projects, construction injuries can sometimes be quite severe, even fatal. Also, some construction injuries may develop over long periods of time rather than from a single incident. Two examples of injuries that develop over time are vibration white finger and hand-arm vibration syndrome. They result from long-term use of power tools.
Who Can Be Liable for a Construction Injury?
Depending on the size of the construction project, various parties can be liable to a worker who has suffered injuries on a construction site. Usually it is going to be a general contractor and subcontractors who carry workers’ compensation insurance to which the worker would turn for compensation.
The developers of a project generally do not need to consider liability for injuries sustained by workers on the project-site, because they are immune from liability under applicable state laws. They also become immune from liability when they hand control for the actual construction over to a general contractor. In addition, developers typically hand off obligations for project health and safety to the general contractor. They do this in the language of the prime contract where they also mandate that the general contractor have workers’ compensation insurance to cover all workers on the site.
If the person injured is not a worker but a pedestrian or other person not involved in the construction, then others may be liable. It would depend on what caused the injuries, whether negligence on the part of a construction manager, for example, or whether a defect in some piece of equipment led it to malfunction and injure the person.
If negligence on someone’s part caused the injury, then the injured victim would file a lawsuit against the negligent person. If a product defect caused the injuries, then the victim would file a lawsuit for strict product liability against the manufacturers and distributors of the product.
The party that had the main responsibility for and management of the construction project when the injury occurred may be liable for the injury. Liability for injury at the construction site would also depend on who delegated the duty to control and maintain the premises and whether they had any duty of care in connection with the project.
Can a Construction Contractor Limit Their Liability for Injuries?
General contractors limit their liability for injuries that workers sustain on the jobsite by having workers’ compensation insurance coverage for their employees. They also require their subcontractors to have similar coverage for their employees.
The benefits of having workers’ compensation insurance consist of no-fault coverage. In other words, if an employee is injured on the job, there does not need to be a costly lawsuit to establish negligence or any other basis for fault on the part of the contractor or subcontractor. Coverage is provided on the basis that the injury occurred on the job. Workers are granted compensation for the medical treatment they needed and their lost wages. They are not able to recover damages for pain and suffering.
As for limiting liability to pedestrians or other third parties not involved in the construction who are injured by activity on a construction site, that is generally not an option.
How Can I Recover Damages for a Construction Accident Injury?
As noted above, pedestrians and third parties who have been injured as a result of an accident at a construction site, would probably sue for negligence or possibly strict product liability. If their lawsuit is successful, they would be awarded money damages to compensate them for their losses in connection with the incident in which they were injured.
Compensatory damages would cover the entire cost of necessary medical treatment for their injuries, lost wages, loss of earning capacity and pain and suffering.
Again, if a construction worker is injured in a work-related construction accident, they would seek compensation for their physical injuries and lost wages through their state’s workers’ compensation system.
Workers’ compensation is a form of insurance that provides benefits to employees injured within the course and scope of their employment. Most employers are required to carry workers’ compensation insurance, and most construction contractors are likely to have it because of the known dangers of construction work.
Again, if a worker is covered by workers’ compensation insurance, they would not be able to file a civil lawsuit seeking compensatory damages. However, if their employer does not have workers’ compensation insurance, a civil lawsuit might then be possible.
If a worker has a third-party liability claim, they might also want to file a lawsuit rather than a workers’ compensation claim. This means that instead of seeking liability on the part of the worker’s employer, the worker would file a lawsuit against a third-party whose negligence they think was responsible for their injury.
A worker would do this, for example, if they are harmed at work by some equipment that was defective. In this case, the injured worker would be able to file a civil lawsuit for strict product liability against the manufacturer and distributors of the defective equipment. They would do this because they could recover pain and suffering in a civil lawsuit but not with a workers’ compensation claim.
If an employee is fatally injured at work, they would file a wrongful death claim. If an employee dies while working, the employee’s family can bring a wrongful death claim for the losses they suffer.
Do I Need the Help of a Lawyer for Filing a Construction Injury Claim?
Construction injuries can often involve some complex legal issues. You may need to consult a workplace injury lawyer for help. Your lawyer can review the facts of your situation and determine whether the better approach is to file a workers’ compensation claim, or whether the facts would justify a lawsuit against a third party other than your employer. Your attorney can be certain that you recover the full amount in compensatory damages that you deserve to get for your losses.
If you are not an employee on a construction site, but have been injured by construction activity, you want to consult a personal injury lawyer.
