Each year thousands of construction workers are
injured or killed in construction site accidents. Even though
construction companies are typically obligated to inspect each site
with safety engineers and provide safety programs accidents still
occur.
Generally, an injured worker cannot sue his or
her own employer for injuries arising out of work related
activities. However, if it can be shown that a third party’s
negligence caused the injuries that party can be held liable.
Additionally, in some instances workers may be injured at a
construction site due to their own inadvertence or due to a
condition that was no person’s fault. When a worker is injured due
his or her own negligence or that of his or her employer, or due to
a condition which was nobody’s fault, that injured party can still
receive compensation in most states through Workers Compensation.
Workers' Compensation Acts provide benefits to workers who are
injured on the job or suffer an occupational disease arising out of
and in the course of employment. The benefits under Workers' Comp
include weekly payments based on a percentage of the employee's
average weekly wage for temporary total disability, partial
disability, permanent and total disability and permanent loss of
function and disfigurement. Workers' Comp also covers medical
expenses for treatment that is reasonable, necessary and related to
the industrial injury and vocational rehabilitation services.
In some instances, however, a third party is to
blame for injuries that occur on the job site. When a construction
site accident occurs, the owners, architects, and manufacturers of
equipment can be held responsible for inadequate safety provisions.
The general contractor and all subcontractors are required to
provide a reasonably safe site, to warn of hazards inherent in the
site and work, to hire careful employees, to coordinate job safety
and to supervise compliance with safety specifications.
Manufacturers of construction equipment are
responsible designing and maintaining safe products. Defective or
dangerous products may include the following: scaffolding, cranes,
power tools, derricks, hoists, conveyors, woodworking tools,
ladders, winches, trucks, graters, scrapers, tractors, bulldozers,
forklifts, back hoes, heavy equipment, boilers, pressure vessels,
gas detectors and other types of construction equipment.
Therefore, it is often possible to find liable
third parties in the event of a construction related injury. This
often important because Worker’s Compensation benefits do not
provide compensation for the pain and suffering that a person
endures as a result of an accident.
If you have been injured in a construction site
accident, you may be entitled to the following benefits: medical
bills, wage loss, loss of earning capacity, pain and suffering,
emotional distress and disfigurement.
It is important to know what to do to protect
the legal rights of yourself and your loved ones. Selecting the
right attorney is an important decision. You should choose someone
who is experienced, aggressive and dedicated to working to get fair
compensation for your injuries. Over the past we have successfully
handled thousands of injury and death cases. That is why you should
contact the Law Offices of Clancey, Doyle & O'Donnell.
