Construction Injuries
- What is a constuction injury?
- Some Examples of Construction Site Accidents
- What Duties are Owed by a Contractor to Keep the Construction Site Safe?
- What Should You Do if You or a Loved One is Injured on a Construction Site?
- Should I Contact a Lawyer if I am Injured in a Construction Accident?
What is a Construction Injury?
An injury occurring at a construction site, whether to a working person at the site or a passerby, is a construction accident. A construction injury can take many forms and result from a wide variety of causes. It could be a fall, a collapse of a dig, a building or other structure under construction, exposure to toxic gas or chemicals, an explosion, or even an injury from defective equipment. Resulting injuries can include:
- Broken of fractured bones
- Disfigurement
- Dismemberment or amputation of fingers, toes or limbs
- Injuries to upper or lower back or to the spinal cord
- Brain injuries
- Paralysis
- Eye injuries, including blindness
- Burns
- Injuries to the head, neck or shoulders
- Permanent disability
- Paraplegia
- Quadriplegia
- Death
In many construction injury situations, where a worker is injured, the injured party can file a claim against the employer under Ohio's Workers Compensation system. This usually takes the form of a workers’ compensation claim. In many instances, however, a second claim can be made against the company that manufactured defective machinery or equipment that contributed to the injury. And if the injured person is a bystander or a person passing by, a claim can be made against the contractor and/or the owner of the structure under construction. Finally, if the employer acted intentionally or deliberately removed guards, the employer can also be sued in a separate suit beyond Workers Compensation. The Brown & Smaller law firm can help with all of these claims.
The lawyers at Brown & Szaller can provide experienced representation for individuals who have suffered personal injuries or for the estates of persons who have been killed as a result of a construction site accident. Construction accidents occur at people's homes, on commercial property, and at industrial and government construction sites. A construction site accident can be extremely serious, and may cause permanent disability, loss of a limb, blindness, head injury, fractured or broken bones, amputation, scarring, and even death. Often the medical bills are extremely large, and they are accompanied by long periods of disability and loss of the ability to earn a wage. Worker's compensation may pay for the medical bills and even some of the lost wages, but worker's compensation often does not adequately compensate an injured worker for the injuries resulting from a serious construction accident.
Brown and Szaller Attorneys have handled numerous construction and employer intentional tort injuries to successful conclusion. Back to top.
Some Examples of Construction Site Accidents
Construction injuries take many forms. The following list is just a sample of the types of injuries for which Brown & Szaller can help:
- Highway construction accident
- Toxic chemical exposure
- Crane accidents
- Anchor bolt failure
- Nail gun accidents
- Safety code violations
- Tunneling accidents
- Electrical, chemical and gas explosions
- Improper site design or inspection
- Motor vehicle accidents
- Forklift accidents
- Defective ladders
- Drowning accidents
- Injuries from falling materials
- Worn or defective rope or cable
- Burns from electrical accidents
- Forklift accidents
- Falls through unprotected holes
- Shoring accidents
- Falls
- Wall collapses
- Fires
- Material lift injuries
- Excavation accidents
- Injuries resulting from construction debris on stairs or in work areas
- Electrocution and electrical accidents
- Defective power tools
- Scaffolding accidents
- Scaffolding accidents
- Ceiling or wall tile failures
- Injuries from unguarded trenches or platforms
- OSHA violations
- Welding accidents
- Elevator and material lift accidents
- Staging collapse
- Inhalation injuries
- Injuries from dust and fumes
- Burns
- Roofing accident
- Improperly stored materials
- Heavy equipment failure
- Roof collapses
- Trench collapses
- Building collapses
- Falls from unprotected roofs
- Dropped loads from trucks or cranes
What Duties are Owed by a Contractor to Keep the Construction Site Safe?
Ohio law imposes on all employers a duty to furnish a place of employment which is safe for the employees working there, to furnish safety devices and safeguards as appropriate to the work environment, and to adopt methods and processes and limit working hours to what is reasonable so as to make the place of employment safe for employees. This duty applies to all construction sites. The stated purpose of this law is to protect the life, health, safety and welfare of employees.
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What Should You Do if You or a Loved One is Injured on a Construction Site?
Obtaining prompt medical attention is of paramount importance. If the injury you or a loved one has suffered is serious, it may be appropriate to call 911 and be taken to the hospital immediately. If an ambulance is not necessary, it still may be wise to go to the emergency room that same day or at least see your family doctor as soon as possible.
A critical aspect of any case where an injury has occurred is the investigation of the circumstances surrounding the injury and the preservation of evidence. The investigation typically involves an examination of the scene of the injury while the evidence, such as the location or condition of machinery or equipment involved, is still fresh. In the case of a construction accident, it is often necessary to notify the contractor and owner of their obligation to preserve evidence or even obtain a court order to ensure that relevant evidence is preserved.
Sometimes, governmental investigators are involved as well. Where that is the case, it is important to contact and establish a relationship with those investigators as soon as practical.
Finally, identifying witnesses, securing their cooperation, and obtaining their statements as to what they saw or heard, as well as background information about the employer and the workplace, should also be done as soon as possible.
Because of the importance of a quick assessment of the surrounding facts, an investigation of the circumstances of the injury, and preservation of relevant evidence, you should consider retaining a qualified attorney experienced in working with personal injuries of all sorts and knowledgeable about investigations of construction injury situations. Through its experience in working with experts in numerous medical specialties as well as accident reconstruction, defective machinery, and a host of other areas, Brown & Szaller can bring tremendous expertise to bear and obtain for you the recompense that you deserve.
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Should I Contact a Lawyer if I am Injured in a Construction Accident?
It is important to seek legal assistance from a lawyer with experience in the type of injury you have sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery when you file your claim for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.
An experienced lawyer will know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in construction accident cases. An experienced lawyer, such as those at the Brown & Szaller law firm will meet with you, listen to what you have to say, explain your legal options, gather the critical facts the facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action.
The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge. Back to top.
