According to the Occupational Safety and Hazard Administration (OSHA), 5,250 individuals died in a work-related incident in 2018. Over 20 percent of the recorded fatalities occurred in the construction industry, making it one of the most dangerous industries in the United States. After a construction-related accident occurs, many individuals may be able to seek compensation for an accident from an employer or other organization. Being familiar with some of the industry standards and options available could help a person make better-informed decisions after an injury.

Details on Construction Related Accidents

OSHA has identified falls, electrocution, and being struck by an object as some of the most common causes of construction fatalities. Of the three categories, falls accounted for over 33 percent of the 1,008 construction fatalities, making it the most common cause of death that year. Similarly, the most commonly cited OSHA violations in the 2019 fiscal year included inadequate fall protection, scaffolding, and ladders.

“You can see a connection between the most frequently cited OSHA violations and common causes of construction worker injuries and death,” said Kevin Roach of the Law Offices of Kevin J Roach, LLC. “In many cases, a company’s failure to provide the proper equipment or training may have caused or contributed to an accident.”

To help prevent construction-related injuries, OSHA provides standards that companies must adhere to. Similarly, state and federal laws may provide additional protection requirements to ensure worker safety. Due in part to these laws, a construction worker may be able to receive compensation whenever a work-related injury or death occurs. This compensation could help cover medical bills, lost wages, and other expenses a person incurs due to their injury.

What is Liability?

Liability is one way to establish responsibility for an accident. Liability is generally assigned when a person, company, or other entity fails to perform a duty or required act that resulted in an injury or damage. A liable party may be responsible for paying some or all of the damages that resulted from an accident. Some common liable groups and individuals in the construction industry include contractors, construction site owners, managers, and construction equipment manufacturers. Whenever a person or group fails to adequately perform their duties and an injury results, the injured person may be able to seek compensation from the negligent party by filing a personal injury lawsuit. An injured party can generally recover damages to cover financial expenses as well as non-economic loss such as emotional trauma, pain, and suffering.

Workers’ Compensation Claims

In addition to filing a personal injury lawsuit, an injured construction worker may be able to recover damages by filing a workers’ compensation claim. Workers’ compensation insurance is often provided by an employer to cover wage losses and medical expenses in the event an injury occurs. A notable benefit of filing a workers’ compensation claim is that a person may be eligible to receive compensation even in cases where no one caused or contributed to the accident. Workers’ compensation insurance may also cover rehabilitation costs and other expenses that might occur during the recovery process.

Other Options for Injured Construction Workers

In addition to personal injury lawsuits and workers’ compensation claims, other potential options are available to help an injured construction worker receive the care they need. In cases where defective tools or equipment contributed to an accident, an injured person may be able to recover compensation through a product liability lawsuit. Similarly, a wrongful death claim may help a victim’s family recover compensation after a fatality occurs. In many cases, a knowledgeable lawyer could examine an injured person’s situation and help determine the options available.