Wrongful Death Lawyer
If a construction worker is injured on the job because their employer failed to provide a safe working environment, the employer may be liable for their injuries. Some examples of ways construction workers may become injured while on the job include scaffolding failures, crush accidents from heavy machinery, falls, failing equipment, and environmental toxins such as asbestos.
Further, non-construction workers, such as pedestrians, motorists passing through a road construction zone, and children who wander onto a construction site, can become injured by an unsafe construction site.
Lawsuits by Construction Workers
In most instances where a construction worker is injured on the job, their sole remedy will be to file a workers’ compensation claim. Workers’ compensation offers employees virtually guaranteed compensation for work-related injuries. Workers’ compensation will cover the construction employee’s lost wages and medical bills incurred as a result of the accident. An employee who files a workers’ compensation claim will receive compensation much more quickly than one who files a lawsuit. However, in return for receiving workers’ compensation, the construction worker cannot sue their employer, even if their employer was negligent in causing their injury.
However, in limited circumstances, an injured construction worker can file a lawsuit for their injuries. A construction worker may be able to sue if the party (or one of the parties) responsible for their injury is not their employer. For instance, if a worker is injured by a defective drill, they cannot sue the subcontractor, but may be able to sue the manufacturer of the drill. Additionally, a construction worker can sue their employer if they were injured due to their employer’s intentional bad acts, rather than negligent acts. A construction worker can also sue their employer if the employer denied their workers’ compensation claim in bad faith or did not have enough workers’ compensation insurance coverage to compensate the worker.
Lawsuits by Non-Construction Workers
If the person injured on a construction site is not an employee, they may initiate a personal injury lawsuit against the construction site operator. These lawsuits will usually be based on a negligence theory and will require the plaintiff to show that the construction site operator owed them a legal duty, that the site operator breached that duty, that they were injured on the construction site, and that their injury was caused by the site operator’s breach.
Personal injury lawsuits stemming from construction site accidents might also be premised on a product liability theory. In that case, the plaintiff will be alleging that they were injured by a defective product on the construction site, such as a drill that wasn’t working properly. A plaintiff in a product liability case will have to show that the product was defective, that they were injured, that the defective product caused their injury, and that the defective product was being used as it was intended to be used.
Lastly, if a construction accident results in the death of an individual, the decedent’s estate can consult a wrongful death lawyer and file a wrongful death lawsuit.
Thanks to Eglet Adams for their insight on construction accident lawsuits.
