Construction Accident Lawsuit Guide [April 2024]

An Overview of Construction Accident Lawsuits

Construction accident lawsuits play a crucial role in workplace safety and worker rights.

Construction accident lawsuits are legal actions initiated when a worker or a bystander is injured at a construction site due to negligence, unsafe working conditions, or violation of safety regulations.

These lawsuits serve a dual purpose:

1. Lawsuits provide a means for injured parties to receive fair compensation for their injuries, which can include medical expenses, lost wages, and damages for pain and suffering.
2. Lawsuits act as a deterrent, compelling construction companies and contractors to adhere to safety standards and practices, thereby preventing future accidents.

The importance of construction accident lawsuits extends beyond individual compensation.

Legal actions in the past have resulted in industry-wide changes by highlighting systemic safety issues within the construction sector.

When these cases are brought to light, they can prompt stricter enforcement of safety regulations, encourage the adoption of new safety precautions and practices, and foster a culture of safety awareness.

If you or a loved one were injured in a construction accident, you may be eligible to file a lawsuit.

Contact TorHoerman Law’s team of construction accident attorneys for a free consultation.

Use the chatbot on this page for a free and instant case evaluation.

What is the Process of a Construction Accident Case?

A construction accident lawsuit filed by a personal injury lawyer on behalf of an injured construction worker typically involves several key steps.

An experienced lawyer can help an injured construction worker throughout the legal process.

Here are the typical steps in construction accident cases:

1. Initial Consultation and Case Evaluation
2. Investigation and Gathering Evidence
3. Filing the Lawsuit
4. Discovery Process
5. Negotiations and Mediation (when a settlement is reached)
6. Trial (if no settlement is reached), Appeal, and Collection of Judgment

Step One: Initial Consultation or Case Evaluation

The journey towards seeking justice and compensation for a construction accident begins with the crucial first step: the initial consultation and case evaluation with a personal injury lawyer.

This meeting sets the foundation for the entire legal process, providing a platform for injured construction workers to understand their legal rights and for the lawyer to assess the viability of the case.

The lawyer will first seek to understand the details of the accident, discussing where, how, and under what circumstances the injury occurred.

Lawyers may also ask about the injuries, medical treatment received, and how the injury has affected the worker’s employment and daily life.

A construction accident lawyer might also explain the worker’s legal rights and potential options, including discussing claims against employers, contractors, or equipment manufacturers.

It’s vital for the worker to be completely honest and provide all relevant information.

Withholding details can hinder the lawyer’s ability to evaluate and pursue the case effectively.

In general, a lawyer will assess the following in the consultation:

• The extent of injuries and their impact on the worker’s life.
• The potential liability of the employer or other parties.
• The applicable laws and regulations, like workplace safety standards.

Step Two: Investigation and Evidence Gathering

After the initial consultation, the next crucial step in a construction accident lawsuit is the investigation and gathering of evidence.

This phase is pivotal in building a robust case to support the claims of the injured construction worker.

Key aspects of the investigation process include:

1. Documenting the Accident Site: The lawyer often works with experts to meticulously document the accident scene. This may involve taking photographs, sketching site layouts, and noting any hazardous conditions or safety violations.
2. Collecting Physical Evidence: Physical evidence from the job site, such as faulty equipment, debris, or tools, is often collected. This evidence can provide tangible proof of negligence or unsafe conditions.
3. Witness Statements: Interviews with witnesses, including other construction workers, supervisors, and bystanders, are often conducted. These firsthand accounts can be critical in reconstructing the events leading up to the accident.
4. Medical Records Review: The lawyer will gather and review all medical records related to the injuries. This includes hospital records, treatment notes, and rehabilitation reports, which are essential to establish the extent of injuries and the impact on the worker’s life.
5. Employment Records and Lost Wages: Employment records help in documenting the financial impact of the accident. This includes information on lost wages, missed workdays, and the worker’s inability to return to work or perform the same duties as before.
6. Safety Compliance and Regulations: A construction accident lawyer will examine whether safety regulations and industry standards were followed. This includes reviewing OSHA reports, company safety records, and any previous violations.

The investigation and evidence-gathering phase is a meticulous and often time-consuming process, but it’s essential for substantiating the claim and enhancing the chances of a successful outcome in a construction accident lawsuit.

Evidence and investigation lays the groundwork for the lawyer to advocate effectively on behalf of the injured construction worker.

Step Three: Filing a Construction Accident Lawsuit

Filing the personal injury lawsuit is a crucial step in a construction accident case, where the injured worker’s claim is formally presented in court.

This process begins with drafting the complaint, detailing the incident, identifying all parties involved, and specifying the allegations of negligence and the damages sought.

The personal injury lawyer ensures that the complaint encompasses all necessary elements to establish a strong case, adhering to legal standards.

Once drafted, the complaint is filed in the appropriate court, based on where the accident occurred or where the construction company or other defendants operate.

After filing, the defendants are formally served with the complaint and a summons to court, initiating their legal obligation to respond within a set timeframe.

This response will either accept or contest the allegations made in the complaint.

The entire process is governed by strict procedural rules, including adherence to the statute of limitations, which varies by jurisdiction and sets a deadline for filing the lawsuit.

The role of the personal injury lawyer is pivotal throughout this phase.

Lawyers navigate the complexities of legal filing procedures and deadlines, ensuring that the lawsuit is filed accurately and timely.

Additionally, the lawyer strategically plans the case presentation and arguments in court, based on the collected evidence and legal considerations.

Filing the lawsuit transitions the case from preparation to a formal legal proceeding, marking the official start of the journey towards seeking justice and compensation for the injured worker.

Step Four: The Discovery Phase

The discovery phase is a critical period where both sides exchange information and gather further evidence.

During discovery, the lawyers for the injured worker and the defendants request and share documents, including accident reports, medical records, and company safety protocols.

This step often involves depositions, where witnesses and involved parties are questioned under oath.

The personal injury lawyer uses this opportunity to strengthen the case by uncovering additional details or evidence that supports the worker’s claims.

They may request specific documents from the defendants that could reveal negligence or safety violations.

On the other side, the defendants’ lawyers will also seek information to build their defense, potentially questioning the extent of injuries or compliance with safety protocols.

Discovery is governed by rules and deadlines, and the lawyers play a crucial role in managing this process, ensuring that relevant information is obtained and shared according to legal requirements.

The discovery phase is a period of intense information gathering and exchange, setting the stage for the eventual trial or settlement negotiations in a construction accident lawsuit.

Step Five: Negotiations and Mediation

Negotiations and mediation often occurs after the discovery process, where both parties have a clear understanding of the evidence and the strengths and weaknesses of their respective cases.

Settlement negotiations are efforts by the injured worker’s lawyer and the defendant’s legal team to reach a mutually agreeable compensation amount without going to trial.

The personal injury lawyer plays a pivotal role in these negotiations, using the evidence gathered to argue for a fair settlement that covers all damages, including medical expenses, lost wages, and pain and suffering.

They leverage the strength of the evidence to push for the maximum possible compensation.

The defendants, often represented by insurance companies or corporate legal teams, negotiate to settle the claim with as low a payout as possible, weighing the risk of potentially higher costs if the case goes to trial.

Effective negotiation requires skill and experience, as it involves strategic communication and sometimes complex legal maneuvering.

The goal is to reach an agreement that adequately compensates the injured worker while considering the likelihood of success and risks involved in taking the case to trial.

If a settlement is reached, it involves the injured worker agreeing to drop the lawsuit in exchange for the agreed-upon compensation.

If no settlement is reached, the case proceeds to trial.

Settlement negotiations are a crucial phase where a significant portion of construction accident lawsuits are resolved, often benefiting both parties by avoiding the uncertainties and expenses of a trial.

Step Six: Trial (if no settlement is reached), Appeal, and Collection of Judgment

If no settlement is reached in negotiations, personal injury cases for construction accidents may proceed to trial.

Here are the remaining steps if no settlement is reached:

• Trial Phase: If settlement negotiations fail, the case proceeds to trial. Here, the personal injury lawyer and the defendant’s legal team present their evidence and arguments before a judge or jury. The plaintiff’s lawyer must demonstrate the defendants’ negligence and the extent of the worker’s injuries. The defense then presents its case, possibly challenging the plaintiff’s claims. This phase is marked by meticulous presentation of evidence, cross-examination of witnesses, and strategic legal arguments.
• Verdict: After both sides have presented their cases, the judge or jury deliberates to reach a verdict. They decide on the liability (who is at fault) and the damages (the amount of compensation). A verdict in favor of the injured worker results in a court order for the defendant to pay the awarded compensation. However, if the verdict is in the defendant’s favor, the worker may receive minimal or no compensation.
• Appeal Process: The conclusion of the trial does not always mark the end of the legal journey. The losing party has the right to appeal the court’s decision. An appeal is not a retrial but a review of the trial proceedings to identify any legal errors that could have affected the verdict. The appellate court examines the trial’s record and the lawyers’ arguments to decide if the trial was conducted fairly and in accordance with the law. If the appellate court finds significant errors, it may overturn the verdict or order a new trial. However, if the trial is deemed fair and free of significant legal errors, the original verdict stands.

What are the Most Common Construction Accidents?

Construction sites are hazardous environments, and certain types of accidents occur more frequently than others.

Understanding these common incidents can help in implementing better safety measures and protocols.

Here are some of the most prevalent types of accidents on construction sites:

• Ladder Accidents: Often caused by improper ladder setup, use, or maintenance, these accidents can result in falls leading to serious injuries or fatalities.
• Crane Accidents: Due to their size and complexity, crane operations can lead to accidents, including collapses, dropping heavy loads, or collisions with other equipment.
• Demolition Accidents: Demolition work is inherently risky, with dangers such as unexpected collapses, flying debris, and exposure to hazardous materials.
• Equipment Malfunction: Faulty or improperly maintained equipment can malfunction, causing injuries to operators and nearby workers. This includes power tools, machinery, and vehicles. Forklift accidents and crane accidents are especially dangerous.
• Chemical Exposure: Construction sites often involve the use of hazardous chemicals, leading to risks of burns, respiratory problems, and long-term health issues due to exposure.
• Falls from Heights: Falling from rooftops, scaffolding, or elevated work platforms is one of the leading causes of serious construction injuries and deaths.
• Electrical Accidents: These occur from contact with live wires, faulty equipment, or during installation of electrical systems, leading to shocks, burns, or electrocution.
• Trench or Excavation Collapses: Workers in trenches, excavations, or another confined construction space face the danger of walls collapsing, burying them under soil or debris.
• Slip and Falls: Slippery surfaces, uneven terrain, and cluttered work areas contribute to slip and fall accidents, causing a range of injuries.
• Overexertion and Heat Stress: Physical labor in extreme temperatures can lead to overexertion, heat stroke, or other heat-related illnesses.
• Struck-By Incidents: Workers can be struck by falling objects, swinging equipment, or moving vehicles, leading to serious injuries.
• Caught Between Accidents: These happen when a worker is caught in or compressed by equipment or objects, or struck, caught, or crushed in collapsing structures.

Understanding and addressing these common hazards are vital for enhancing safety and reducing the risk of accidents on construction sites.

Regular training, adherence to safety protocols, and proper equipment maintenance are key factors in preventing these types of accidents.

What are the Most Common Construction Injuries Suffered by Workers?

Construction workers are exposed to a variety of risks and hazards daily, leading to a range of injuries.

Understanding these common injuries is crucial for implementing preventative measures and ensuring workplace safety.

Here are some of the most frequently reported injuries in the construction industry:

• Falls: Falls from ladders, scaffolding, or heights are the leading cause of injuries on construction sites. These can result in broken bones, spinal injuries, and even fatalities.
• Struck-By Injuries: Workers are often injured by falling debris, objects, or being struck by construction equipment, leading to head injuries, fractures, and bruises.
• Electrocution: Exposed wires, unfinished electrical systems, and power lines can cause electric shocks or electrocution, resulting in burns, nerve damage, or cardiac arrest.
• Caught-In/Between: This category includes injuries where workers are caught in or compressed by equipment or objects, or struck, caught, or crushed in collapsing structures, leading to crush injuries, amputations, and sometimes death.
• Repetitive Stress Injuries: Long-term repetitive tasks can lead to musculoskeletal disorders, including tendonitis and carpal tunnel syndrome.
• Hearing Loss: Prolonged exposure to loud machinery and equipment noise without proper hearing protection can lead to temporary or permanent hearing loss.
• Respiratory Issues: Inhalation of dust, chemicals, or toxic substances can cause respiratory problems, including chronic lung diseases and asbestosis.
• Heat Stress: Working in extreme heat can lead to heat exhaustion, heat stroke, and other heat-related illnesses.
• Cuts and Lacerations: Handling sharp tools and materials without proper protection can result in severe cuts or lacerations.
• Vision Impairment: Exposure to hazardous substances or flying debris can lead to eye injuries and potential vision loss.
• Broken Bones: Slip and falls, or accidents involving heavy machinery, can result in fractures and broken bones.
• Traumatic Brain Injury: Falls or being struck by objects can lead to concussions or more traumatic brain injuries.

Prioritizing safety measures, such as proper training, equipment, and protective gear, is essential to minimize these risks and protect construction workers from injuries.

Additionally, understanding the common types of injuries can help in formulating effective safety protocols and response strategies.

Does Workers Compensation Cover Construction Accident Injuries?

Workers’ compensation insurance provides for the cost of medical care, rehabilitation, and lost wages for injured workers.

Since each state sets its own workers’ compensation laws and benefits, each state has its own department dedicated to handling its workers’ compensation program.

Contact a construction accident lawyer at TorHoerman Law today to find out if you are eligible to receive financial compensation.

Occupational Safety And Health Administration (OSHA)

The Occupational Safety and Health Administration (OSHA) was created after Congress passed the Occupational Safety and Health Act of 1970.

The core mission of OSHA is to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and providing training, outreach, education, and assistance.

In 2018, the most frequently cited OSHA standards violation was for fall protection

OSHA Worker Rights And Protections

As an employee, you have certain rights and protections afforded to you through OSHA that cannot be taken away.

It is important to be aware of your rights so that you can determine whether they have been violated by your employer.

Under federal law, you have the following rights:

• To work in an environment that is free of known health and safety hazards
• Be trained in a language that you understand
• Be provided required safety gear
• Be protected from toxic chemicals
• To report an injury or illness and get copies of your medical records
• To view copies of the workplace injury and illness log
• Review records of work-related injuries and illnesses
• Receive copies of test results done to find hazards in the workplace

Safety Precautions Mandated by OSHA

The Occupational Safety and Health Administration (OSHA) sets forth numerous safety precautions and regulations to ensure a safe working environment on construction sites.

These mandated measures are designed to prevent accidents and protect construction workers from harm.

Key safety precautions include:

1. Fall Protection: OSHA requires fall protection systems for workers on elevations of six feet or more. This includes guardrails, safety nets, and personal fall arrest systems.
2. Scaffolding Safety: Scaffolding must be erected according to OSHA standards, ensuring stability and safety. Workers must have fall protection when working on scaffolding at certain heights.
3. Ladder Safety: Ladders must be inspected regularly, used properly, and positioned safely to prevent falls. OSHA provides specific guidelines on ladder load capacity and angle placement.
4. Electrical Safety: Proper grounding, equipment maintenance, and worker training are required to prevent electrical hazards. OSHA mandates the use of ground-fault circuit interrupters (GFCIs) and regular inspections of electrical equipment.
5. Personal Protective Equipment (PPE): Workers must be provided with appropriate PPE, including hard hats, safety glasses, gloves, and hearing protection, tailored to the specific hazards of the job site.
6. Hazard Communication: OSHA requires employers to inform and train workers about hazardous chemicals on site through proper labeling, safety data sheets, and training.
7. Respiratory Protection: In environments with airborne contaminants, proper respiratory protection must be provided and fitted to workers.
8. Machine Guarding: Machinery with moving parts must have appropriate guards in place to protect workers from caught-in/between hazards.
9. Training Requirements: Employers are mandated to provide training on various safety aspects in a language and vocabulary workers can understand.
10. Emergency Response and First Aid: Construction sites must have a plan for emergency response, including access to first aid kits and medical care.
11. Record Keeping and Reporting: OSHA requires the maintenance of records of work-related injuries and illnesses, and certain incidents must be reported directly to OSHA.
12. Regular Inspections: Workplaces must be regularly inspected for compliance with OSHA standards, identifying potential hazards before they lead to accidents.

Adhering to these precautions not only complies with legal requirements but also significantly reduces the risk of accidents and injuries on construction sites, promoting a culture of safety and responsibility.

What To Do if You Are Injured on a Construction Site

If you’ve been injured in a construction accident, taking the right steps immediately afterwards is crucial for your health and any potential legal claims.

Following a construction accident, workers are encouraged to do the following:

• Mitigate injuries and losses
• Report the construction accident
• Seek legal advice

Mitigate Injuries and Losses

You should seek medical attention as quickly as possible.

Mitigation is not only critical to your personal health but also improves your chances of a successful claim.

The amount of effort you take toward treating your injuries can have a significant financial effect on the damages you receive from your construction accident settlement.

Report the Accident

Document and report the injury to your employer or construction site manager.

Documentation of your accident and injury will strengthen your construction accident lawsuit.

Gather any contact info for witnesses who can support your claim.

Preserve evidence that further proves your construction accident injury.

You should take photos of the injury and the location of the accident.

If possible, try to retain any objects related to the injury.

Contact a Construction Accident Lawyer

Finally, it is crucial that you get in contact with an experienced construction accident lawyer.

A personal injury attorney will evaluate your claim and discuss your potential legal options.

At TorHoerman Law, we specialize in construction accident lawsuits.

Our professional personal injury attorneys can help you determine if you have a viable claim for a construction accident lawsuit.

Use the chatbot on this page for a free instant, no-obligation case consultation.

Filing a Construction Accident Lawsuit

The civil lawsuit process can be overwhelming to someone who is not completely knowledgeable about the complexities of the legal system.

It is especially difficult to navigate through legal procedures without a construction accident lawyer while dealing with the repercussions of your injuries.

The typical statute of limitations is two years.

However, the deadline can vary depending on certain circumstances.

An experienced lawyer can help victims navigate the lawsuit process and ensure they meet critical deadlines.

Gathering Evidence for Construction Accidents

In a construction accident case, gathering comprehensive evidence is crucial for building a strong legal claim.

Possible evidence in a construction accident case may include:

• Photographs or videos of the accident scene
• Witness statements and contact information
• Construction site safety records
• Accident reports
• Medical records related to the injury
• Employment records of the injured worker
• Records of training and safety briefings
• Maintenance records of equipment involved
• OSHA investigation reports
• Environmental conditions reports (weather, lighting)
• Correspondence with insurance companies
• Personal diary or notes detailing the incident and its aftermath

Collecting these pieces of evidence provides a solid foundation for understanding the circumstances of the accident and establishing liability, which is essential for pursuing a successful legal claim.

Assessing Damages in Construction Accident Cases

When seeking compensation in a construction accident case, it’s important to identify all potential damages.

Damages are the total losses, economic and non-economic, incurred as a result of a construction accident.

Experienced lawyers can help construction workers assess and calculate damages.

Possible damages in a construction accident case include:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Rehabilitation costs
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disability or disfigurement
• Punitive damages, in cases of gross negligence
• Wrongful death damages, including funeral expenses and loss of consortium, if applicable

Understanding the full scope of these damages is essential to ensure that the compensation sought truly reflects the impact of the accident on the victim’s life.

TorHoerman Law: Your Construction Accident Attorney

After a construction accident, securing the right legal representation is critical in navigating the complexities of personal injury claims.

At TorHoerman Law, our experienced team specializes in construction accident cases, offering personalized, dedicated legal support to ensure your rights are protected.

Don’t navigate this challenging time alone.

Contact TorHoerman Law today for a free consultation, and let us help you on the path to justice and a full and fair recovery.

You can also use the chatbot on this page for a free and instant case evaluation.

We’re here to help you.

Our firm has won more than $4 billion in verdicts and settlements for our clients.

However, for the attorneys at TorHoerman Law, it is not about the money – it is about justice.

Our firm works on a contingency fee basis, which means we do not receive any payment until you have been compensated.

Let us fight for you.