Can I File a Claim for a Construction Accident Fall?
Posted on behalf of Lynch Law Firm on January 28, 2019 in Labor and Employment News. Updated on March 2, 2022
Falls are the leading source of construction site accidents leading to injuries or fatalities. In 2017, fall accidents resulted in 381 construction-related deaths, accounting for nearly 40 percent of the overall fatalities in that industry, according to the Occupational Safety and Health Association (OSHA).
If you or someone you love has been injured in a fall accident on a construction site, consider contacting Lynch Law Firm’s New Jersey construction accident lawyers for a free, no obligation consultation. We will investigate your claim to determine if a third party may be liable for your injury. We will assist you through the legal process and help you file a claim to pursue the maximum compensation you may be entitled to receive.
Causes of Falls at Construction Sites
Fall accidents on construction sites may be caused by several different events. However, the most common causes of fall accidents derive from employer negligence, such as:
- Failing to properly use or provide fall protection equipment
- Failing to provide protection for workers from falling objects
- Negligently using construction equipment, such as ladders or scaffolding
- Lack of training for the proper use of safety equipment
- Failing to review the jobsite and create a safety plan for the safety of those working at heights
- Failing to inspect safety equipment for defects and malfunctions
Fall Injuries Suffered by Construction Workers
Falls on a construction site can cause many different types of injuries, many of which are severe or even deadly. Fall injuries on construction sites include:
- Head injuries
- Fractured bones
- Spinal cord injuries
- Neck injuries
- Traumatic brain injuries
- Internal organ damage
- Soft tissue damage
- Cuts and lacerations
- Heavy bruising
Tips for Preventing Fall Accidents
Employers, subcontractors and construction site managers must take several actions to create a safe environment for construction workers. This includes implementing OSHA-approved safety regulations that reduce the risk of falls.
Typically, workers are required to be protected from fall accidents while working in elevated areas that are four feet on general sites, five feet in shipyards, and six feet on construction sites. To ensure protection from falls, the following type of safety equipment should be installed at the site:
- Floor hole coverings
- Safety nets
- Safety lines and harnesses worn by workers
Additionally, workers should also train employees on the proper use of tools and equipment to prevent falls and falling objects on construction sites. Construction sites should be inspected daily to ensure all ladders and scaffoldings are secure and in good working order. Personal safety equipment used by workers should also be regularly inspected, as well.
Third-Party Lawsuit After a Construction Accident
Typically, construction workers are prevented from suing their employers after an accident because they receive workers’ compensation benefits to pay for their medical treatment and partial lost wages. However, workers may be entitled to sue a third party that contributed to or caused the accident that injured them. Situations where a third party may be held liable for a construction site fall accident include:
- Defective equipment: If a worker is injured or killed due to using defective equipment or machinery in its intended manner, the product’s manufacturer may be held liable for the damages.
- Property hazards: Owners of construction site properties must warn workers about known hazards that exist on the premises. If the construction site owner fails to warn workers about a known hazard on the site, and this results in an accident that causes injury or death, the property owner may be held liable.
- Car accidents: Construction workers are often required to drive or transport goods or materials as part of their job. If a construction worker is injured in a work-related car accident, he or she may be entitled to hold the at-fault driver liable for the damages he or she suffered.
- Independent contractors: Only workers who are officially employed by the at-fault party are prevented from suing for additional compensation. If you are an independent contractor, such as a subcontractor, and are injured in a construction site accident, you may be entitled to file a third-party lawsuit.
Contact Lynch Law Firm for a Free Consultation
If you have been injured in a fall accident on a construction site, it may be in your best interest to consider working with a skilled attorney to determine your legal options. Lynch Law Firm has represented numerous victims of construction site accidents. Our experienced attorneys have recovered millions in verdicts and settlements for our clients, and will pursue the maximum amount of compensation for each victim we represent.
Contact us today to schedule a free, no obligation consultation. All of our services are provided on a contingency fee basis, which means you only have to pay us if we recover compensation for you. There is no risk in discussing your construction accident claim with one of our attorneys.
Call (800) 518-0508 to get started.