What are Your Legal Rights after a Construction Accident

construction worker accident
  • Construction sites are dangerous and can lead to serious injuries or even death if safety precautions aren’t taken.
  • Workers who experience an accident are typically eligible for workers’ compensation benefits.
  • In some cases, pursuing a personal injury lawsuit against another party responsible for an accident is also possible.
  • Safe practices must be implemented to prevent construction accidents.

Construction sites are dangerous places. Despite the many safety precautions and regulations in place, accidents still happen every day. Sadly, these incidents can lead to serious injuries, disabilities, and even death. According to the Occupational Safety and Health Administration, thousands of workers are injured each year in construction-related accidents. And the majority of these incidents are preventable.

If you have been injured in a construction accident, it’s essential to understand your legal rights and the steps that you should take to protect yourself. Here’s a quick overview of what you need to know.

Workers’ Compensation

In most cases, if you are injured on the job—including a construction site—you will be eligible for workers’ compensation benefits. In some states, these benefits provide coverage for medical bills and lost wages from missed work due to injury or illness. To receive workers’ compensation benefits, you must report your injury to your employer within a specific window—typically 30 days from the date of the incident—and then complete all necessary paperwork to file a claim.

It is important to follow all rules and regulations regarding reporting an injury and filing for workers’ compensation benefits so your claim is not denied.

Personal Injury Lawsuits

man with leg injury on a phone call

In addition to filing for workers’ compensation benefits, you may also have the option of filing a personal injury lawsuit against another party who was at fault for your injuries. When determining fault in an accident, courts look at factors such as negligence or recklessness on the part of other parties involved. For example, if another contractor on site was operating machinery recklessly and caused an accident resulting in your injuries, they may be liable for damages.

This also covers other effects of the accident, such as brain injury. If you have experienced a brain injury due to the negligence of another party on a construction site, you may be eligible for compensation under personal injury law. Speaking with a brain injury lawyer is essential to understand your rights and how best to pursue them. They will help you to make a strong compensation case.

Generally speaking, when negligence is involved in an accident resulting in injury or death, damages can include medical bills, lost wages from missed work due to injury or illness, pain and suffering, emotional distress, and more, depending on the circumstances of each case.

Avoiding Construction Accidents

Construction sites can be dangerous places if not managed and maintained properly. The risk of an accident is ever-present, from falling objects to malfunctioning equipment. Fortunately, preventative measures can be taken to reduce the risk of a construction accident.

Keep Equipment Maintained

Another key component of construction safety is ensuring that all machinery and equipment is kept up to date with regular maintenance checks. This includes checking for any mechanical issues or loose parts that could lead to an accident or injury if left unchecked.

Stay Organized

Organization is key when it comes to keeping a construction site safe and free from accidents as well as getting projects completed quickly and efficiently. Ensure that materials are stored away securely and that tools are put back into their proper place after use so that they don’t become tripping hazards or obstacles on the job site.

Wear Proper Safety Gear

man with complete protective equipment fot construction

The most important step in avoiding accidents on the job is ensuring that all workers are wearing the proper safety gear at all times. This means hard hats, steel-toed boots, gloves, and other protective clothing when necessary. All workers should also be given a full safety briefing before beginning work to know what to expect on the job site and how to respond in an emergency.

Regularly Inspect the Site

In addition to keeping safety gear and equipment in top condition, it is essential to inspect the construction site for any potential hazards regularly. This includes looking out for loose debris, slippery surfaces, worn wiring/piping/etc., and anything else that may pose a risk to workers on-site.

If you have been injured while working on a construction site due to someone else’s negligence or recklessness—or even defective products or machinery—you have legal rights that can help protect you financially while also helping hold responsible parties accountable for their actions.

Depending on the circumstances surrounding your case, this could mean filing for workers’ compensation benefits and pursuing a personal injury lawsuit against those responsible for your injuries. It’s essential to speak with an experienced attorney specializing in construction law to learn more about your individual rights and determine what course of action is best for you moving forward.


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