Construction sites will typically pose a wide array of risks, meaning the likelihood of accidents which result in serious injury or death is quite high. Many construction workers are often working at considerable heights, making the risk of falling much more likely than other professions, and even when construction workers are working on with both feet firmly on the ground, they are subject to the risk of falling objects, hazardous substances, heavy machinery accidents, and the need to lift heavy or bulky objects. All of these things substantially escalate the chance of an on-site work accident with injuries which can range from relatively minor to extremely severe. There are many factors involved in a workplace construction accident, and if you have suffered such an accident it’s very important you retain a personal injury attorney who has experience in construction accidents.

Does Your Construction Accident Qualify for Compensation?

Although it may seem obvious, the primary factor to consider is whether the injuries sustained were a direct result of a construction site accident. This means that a near-miss accident—an incident in which you were almost severely injured or killed—does not meet the necessary criteria to justify compensation, even if you suffered severe psychological trauma from the incident. In other words, if something your employer did, or failed to do, directly caused you to narrowly miss being crushed by a piece of heavy equipment, you are not entitled to compensation even though you may suffer very real trauma as a result of such a close call. A plaintiff in a construction accident is only allowed to ask for reparation for harm, loss or damage which was sustained on the construction site and can be successfully substantiated.

Liability in a Construction Accident

In some cases a construction accident was not due to a direct act or lack thereof of the employer, however more often it can be proven that the employer neglected to maintain a protected working environment for company workers. This failure to provide safety could be through absence of training or any other manner of contributory negligence where it is obvious the employer failed to take the necessary safeguards required to keep his or her employees out of harm’s way. In order for a claim of employer negligence following a construction accident to have a positive outcome, the injuries sustained must be a direct result of the disregard for safety or blatant violation of duty of the employer. While employees may occasionally be injured as a result of their own error or negligence, the large majority of construction accidents are due to lack of a safe working environment.

Shared Responsibility

In certain instances there may be a dispute between the employer and worker as to who caused the accident and resulting injuries. In a case such as this, the court will make the decision as to the ultimate responsibility, and may decide that both parties were at least in some measure at fault. In such cases the theory of contributory negligence applies, meaning the worker may have caused his or her injury by ignoring known risks or behaving in a negligent manner. Should contributory negligence be applied, the amount of the settlement will be reduced accordingly.

What to Do Following a Construction Accident

The very first thing you must do following a construction accident, no matter how minor it may seem, is to get immediate medical attention. If your injuries require anything more than a band-aid, it’s essential you see your doctor or be taken by ambulance to a hospital. Your health is one of the most precious things in your life, and no amount of compensation will make up for a loss of your health, so take injuries seriously. Once you’ve attended to any health issues, you need to ensure that the details of your accident were recorded. Never admit responsibility of any sort for your accident until you have spoken to an experienced attorney—even if the employer was not directly responsible for the accident, a lack of training for employees may still render him liable.

Getting Legal Help

If you work in the construction industry, remember that it is your employer’s duty to ensure your health and safety while you work and to adopt all measures necessary to minimize the risks of injuries and accidents. Employees should be provided with sufficient training as well as safety devices necessary to carry out daily tasks, and all equipment and tools should be in good working order and pass all industry safety standards. Construction accidents can be quite complex requiring you to seek professional legal advice prior to making a claim. Don’t risk your health or financial future following a construction site accident.