What Are Some Common Injuries Sustained On Construction Sites?
Construction sites are known to be hazardous. A lot of slip and falls, trip and falls, and incidents with falling objects frequently occur in construction sites. There can be electrocution and crushing injuries where you could get caught between machines or materials. Fractures, broken bones, strains, sprains, amputations, paralysis, or even death are possible in construction sites. Unfortunately, construction sites are often very dangerous places. Out of the thousands of work-related injuries or deaths in a year in the United States, 15%-20% of them are on construction sites.
Who Is Held Responsible For My Construction Site Accident Injuries?
In regard to liability, the party responsible for injuries will depend on the type of construction site. The liable party could be the owner of the site, a homeowner, building owner, or manager of the property, premises, or building. A general contractor, subcontractor, or general manager who has been contracted to oversee the site can also be held liable for accidents and injuries. A lot of times, parties will try to escape liability by claiming that somebody else is the responsible party. A homeowner might try to contractually delegate their responsibility for their home to the contractor who’s operating the work site. The contractor might try to delegate responsibility to subcontractors working on the site, and they might try to delegate it to a site manager. Basically, all of this means that if someone gets injured, they need to get legal help to determine who is responsible. That is a significant part because you don’t want to pursue or sue the wrong party. If you do, you could be left with no recourse. Therefore, it’s important to try to determine who is responsible for the safety and wellbeing of the construction maintenance and work site.
What Steps Should I Take If I Have Been Injured In A Construction Accident?
First and foremost, if you get injured in a construction accident, you need to seek medical treatment. Construction injuries are usually serious. You need to get into an ambulance and go to the hospital. At the hospital, you need to communicate with the medical personnel, starting with the EMTs or emergency medical personnel. You have to let them know exactly what happened, how it happened, where it happened, what caused you to get injured, and what caused you to need medical care. If you are able while at the construction site yet, you should report the accident to the site manager, contractor, homeowner, or the person in charge of the site’s safety.
Try to get an incident report documented. The incident report will help document the date, time, location of the accident, and what happened. If you can get some photographs or video, that’s always helpful. Also, make sure you talk with whoever is around and get their name and contact information because they could be potential witnesses. If you can gather all of these details, it will help your lawyer get that information to the appropriate insurance carriers.
If I Am Already Collecting Workers’ Compensation, Am I Barred From Suing My Employer For A Construction Site Work Injury?
If you get hurt on a job site in Pennsylvania in which the fault lies with your employer, your only recourse is workers’ compensation. You can’t sue your employer in a private law setting. You would have to go through the workers’ compensation system. However, if your workplace injury was somebody else’s fault and you’re collecting workers’ compensation, you’re allowed to bring a lawsuit against the third party. For example, if your injury was the result of a careless subcontractor who did something negligent like uncover a hole and neglected to put a barricade around it for safety, the subcontractor would be at fault for your injury and not your employer. In that case, you are allowed to bring a suit against the third party.
What Evidence Is Helpful In A Construction Accident Injury Claim?
The evidence that is helpful in construction accident injury claims includes: names and contact information of witnesses, medical records, documentation, and photographs and/or videos of the accident. If there are any physical materials that can be retained, that can be helpful as well.
What Can I Do If The Insurance Company Denies Liability In A Construction Accident Case?
It is typical for insurance companies to deny liability in construction accident cases. That is why it is important to provide evidence, such as photographs, video, and witness statements, to your attorney. Depending on the type of case, your attorney can work with various experts to prove liability.
When insurance carriers deny liability, it’s up to you as the plaintiff to prove your case by providing evidence that the contractor, building owner, site safety manager, or whoever it was, was negligent in their operation and maintenance that caused your injuries.
For more information on Construction Site Injury Claims In Pennsylvania, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (215) 795-5940 today.