Construction Site Accidents
Construction is an inherently dangerous line of work. Workers handle dangerous equipment, climb to dangerous heights on ladders and roofs, and operate complex machinery like cranes and forklifts. In fact, almost 150,000 workers are injured each year on construction sites according to the Occupational Safety and Health Administration (OSHA). If you have suffered a serious injury at a construction site, call the Memphis construction site accident lawyers of Nahon, Saharovich & Trotz to discuss the legal remedies available to you. You may be able to assert one or more claims for your injuries, including workers’ compensation, personal injury, and product liability.Dangers of Construction Sites
OSHA plays a large role in helping make sure employees are provided with a safe workplace through training and employer regulation. In 2015, OSHA estimated that over 20% of all private workplace deaths occurred in the construction industry, highlighting the need for regulatory oversight. Most of those deaths were caused by falls, electrocutions, and employees struck by objects. While all employers must follow mandatory safety regulations, typical violations involve fall protection, scaffolding, ladders, electrical wiring, and complex machinery. Common construction site accident injuries include broken bones, burn injuries, electrocution, and head injuries.Causes of Construction Site Accidents in Tennessee and the South
It does not take long for a construction worker to understand the risk of getting hurt at work. An employee or subcontractor should be able to rely on the construction company, property owner, and other employees to take necessary safety precautions and exercise ordinary caution. However, accidents do happen and many are caused by one, or a combination, of the following:
- Falling objects
- Driver negligence
- Explosions or fires
- Unsteady structures or foundations
- Unsafe scaffolding
- Slip and falls
- Defective equipment or machinery
- Improper cleanup and maintenance
- Exposure to chemicals or toxic substances
- Inadequate training or supervision of employees
Thoroughly investigating a construction site accident in a timely manner is of utmost importance. Depending on the facts and circumstances surrounding it, victims may be able to retain a construction site accident attorney in Memphis to assert one or more claims, including the following:
- Workers’ compensation: Employees injured in the course and scope of employment may be able to assert a claim through their employer’s policy. In Tennessee, employers with five or more employees are required to maintain valid coverage, with special considerations applying to the construction industry. For a workers’ compensation claim, proving negligence is not required, and the injury can occur at your workplace or off-site. Workers’ compensation covers medical bills related to the accident like physical therapy and surgery, in addition to prescriptions and medical devices like crutches. Temporary or total disability benefits and permanent impairment may be available too, depending on the extent of injury.
- Third-party liability: This is a claim against a third-party, someone other than a co-worker or your employer. If you were injured on someone else’s property or struck by another motor vehicle, dump truck, or concrete truck, you may be able to assert claims against the at-fault individual or company for general negligence, negligent hiring, negligent training, or other negligent actions that may have taken place. It is possible for an employee to assert a third-party action and workers’ compensation claim at the same time. Third-party actions allow for damages not recoverable through workers’ compensation, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In the context of a catastrophic injury, being able to recover these non-economic damages makes a significant difference in terms of being made whole. If a loved one was killed as a result of a construction site accident, funeral bills, burial costs, and other damages can come into play under wrongful death laws.
- Product liability: Suppose the construction site accident was caused by a faulty product, defective equipment, or malfunctioning machine. Each state has laws requiring corporations to design and manufacture products and equipment in a safe manner so that they will operate as intended. While certain equipment in the construction industry can be considered inherently dangerous, businesses must provide sufficient warnings and instructions regarding the product’s operation. Similar elements of damages are available in a product liability claim as a third-party negligence claim. If a company knowingly concealed risks of using the product, punitive damages could be obtained.
Contacting an attorney can help ensure you recover all damages or benefits to which you may be legally entitled. Nahon, Saharovich & Trotz is the largest Tennessee-based personal injury law firm, and we have the resources to consult with experts, explore all avenues of recovery, and effectively handle multiple cases on your behalf simultaneously. Our firm has more than 30 years of experience serving accident victims throughout Tennessee, Arkansas, Mississippi, Missouri, and Kentucky, including in cities like Memphis, Chattanooga, Knoxville, Nashville, Caruthersville, Hayti, Oxford, Starkville, Corinth, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro. Available 24/7, call 800-529-4004 or complete our online form to schedule a free consultation with a Memphis construction site accident attorney. Whether your construction site accident occurred as a result of an auto accident or on someone else’s property, let us show you why NST is the way to go.