Each industry has its working hazards to deal with, but several construction jobs are at the top of the list for most dangerous. Heights, heavy machinery, confined spaces, power tools, and inclement weather all play a factor in construction jobs. However, even with these hazards, the workspace should feel safe. If something feels off, speak up about it and note that you did in case something does happen.
Here is what you can do if a situation occurs and how you can use a construction accident lawyer:
Workers’ Compensation Claim
Like other jobs, you are most likely eligible for workers’ compensation benefits when an injury occurs. Workers’ compensation varies by state but typically pays for medical expenses, lost wages, and disability. There are two general guidelines workers’ compensation follows:
- It is usually a “no-fault” system for the payment of benefits. In other words, you do not have to prove that there was negligence that caused your injury. You only have to prove that you were injured and it happened in your scope of work.
- An employer is required to have workers’ compensation insurance to be able to pay claims made.
Civil Lawsuit Outside of Workers’ Compensation
Aside from workers’ compensation, you can bring a claim for damages against others depending on the circumstance and state you live in.
A job site usually involves a lot of other contractors, heavy machinery, or even trucks. If you are injured on the job due to the negligence of someone else, you may have a claim for damages against not only that individual, but also that person’s employer.
In most situations, you will need to prove the following requirements:
- The person at fault had the duty to act safely and reasonably while working in your scope.
- The person or entity failed to perform in that safe and reasonable manner (being negligent).
- You were injured as a result of that negligence.
Product Liability Lawsuits for Construction Injuries
The injury you sustained was due to a piece of equipment, but the improper use of that equipment didn’t necessarily cause the injury. Instead, the equipment malfunctioned.
Your claim is still is a civil lawsuit, but one for product liability. The case would be made towards the brand, manufacturer, or distributor of the equipment you used. You must prove:
- The equipment that caused your injury was dangerous when it left the supplier or manufacturer.
- You were using the equipment in the manner intended.
- The equipment had a dangerous defect that caused your injury.
If something does happen to you in any situation, give our construction accident lawyer a call at 513-961-6200 or fill out our contact form!