Construction Injuries

Baton Rouge Construction Injury Attorneys

Pursuing Maximum Compensation for Construction Site Injuries

The construction industry ranks at number two in the United States for fatal injuries in workers younger than the age of 18, according to the US National Library of Medicine. With one in ten workers becoming injured every year, these numbers are no surprise. Working in construction can be dangerous even when taking safety precautions.

Construction is a necessary part of life, especially as it pertains to growing sustainable cities and communities. It’s important to know the industry’s risks and laws, as well as the best practices to avoid injury. If you or a loved one does happen to become injured, knowing your legal rights in the workplace is essential.

Contact Big River Trial Attorneys of Baton Rouge, LA, today to schedule a free initial consultation to determine what legal options best suit your needs.

Why are Construction And Occupational Injuries Increasing?

The Bureau of Labor Statistics reports that construction and occupational injuries are sharply on the rise. Reports of fatal work injuries continue to increase significantly, possibly due to the increase in construction projects. Even so, the rise could also be attributed to an overall lack of safety training and to the lack of implementation of safety protocols. As a result, occupational hazards are a growing problem within the United States.

Fall, slip, and trip deaths increased six percent, coming in at 849 deaths. This statistic backs up the claim that falls are the most common cause of injury and death in the construction industry.

With the rise in construction and occupational injuries, insurance companies are seeking more ways to deny claims to protect their profitability. Anyone who has suffered injuries should seek legal representation immediately to protect their right to pursue compensation.

What are the Risks And Repercussions of Working in the Construction Industry?

One in five workplace deaths occurs in the construction industry. This statistic is the highest rate among all industries in the United States. Who is the most at-risk? The following construction workers are the most at-risk of injury each year:

  • Carpenters
  • Electricians
  • Roofers
  • First-Line Supervisors
  • Construction Laborers

The ten most cited violations according to the Occupational Safety and Health Association:

  • Fall Protection
  • Hazard Communications
  • Scaffolding
  • Respiratory Protection
  • Powered Industrial Trucks
  • Lockout/Tagout
  • Ladders
  • Electrical and Wiring Methods
  • Machine Guarding
  • Electrical and General Requirements

Numerous repercussions can result from violating safety regulations. While some injuries can be more severe than others, it is important to understand the risks and follow all safety codes to avoid injury or death.

What is the Number One Most Violated OSHA Standard on Construction Sites?

The Occupational Safety and Health Administration (OSHA) sets regulations and protocols for the industry and those who work in it. According to OSHA, the most frequently violated standard is the fall protection standard. In many instances, individuals who are involved in fall accidents suffer catastrophic injuries that have long-lasting consequences for victims and their families.

Falls are also the most common cause of fatalities for construction workers each year. These falls often occur from unprotected sides on job sites, holes in floors, misuse of ladders, wall openings, and improper scaffolding construction.

Whether you have suffered serious injuries in a fall accident or lost a loved one due to wrongful death, you need a personal injury attorney to assist you with your case. Personal injury claims involving construction accidents can be overly complex, especially in relation to the workers’ compensation laws and how they can apply to your case.

What are the Common Injuries Caused by Construction Accidents?

Although construction accident injuries can range from minor to severe, some are cited more frequently in incident reports.

Some of the most commonly reported injuries include:

  • Amputated Limbs or decapitated limbs
  • Scarring
  • Disfigurement in various parts of the body
  • Back or neck injuries, which at times may cause permanent damage
  • Spinal cord injuries, which can often lead to paralysis
  • Blindness
  • Deafness
  • Brain Injury or Damage
  • Long-term impairment that can result in the inability to work and make a living wage
  • Death

Falls

Falls are the most common cause of the injuries listed above. Still, three other types of accidents occur each year, and more often than not, result in fatalities.

  • Struck by an Object: results from flying or falling construction objects or tools, or from being struck by a construction worker’s vehicle.
  • Electrocutions: this is caused by a lack of ground, direct contact with any power lines, misuse of cords and equipment, and a missing or discontinuous path of a ground wire.
  • Caught between objects: workers can be caught between objects due to unsafe soil-pile placement, unsafe access to certain areas, lack of protective systems, and failure to inspect the safety of all areas and devices.

What are Construction Site Safety Regulations, Hazards, And Standards In The Industry?

With more construction and development increasing across the nation, it is no surprise that the rate of fatalities has also risen. While the construction industry has pledged to comply with OSHA standards, hazards still occur on the job.

Physical Hazards

Physical hazards are obvious, such as falls, stepping on nails, and being hit by objects. However, other hazards are not-so-obvious that need to be considered by workers and their supervisors.

Weather

Depending on the location or time of year, weather can significantly affect workers and, depending on its severity, result in injury or death. If the worker is in harsh conditions, such as excessive heat, is being overexerted, and not staying properly hydrated, the consequences could be severe. Injury and illness, such as heat stroke, heat exhaustion, and heat cramps, can occur.

Vehicle Accidents

Vehicle accidents in construction are all too common. Because of this, it is important to be extremely cautious while operating motor vehicles or equipment on all job sites. To abide by regulations, a construction vehicle should have a service brake system, an emergency brake system, and a parking brake system. All vehicles must be equipped with an audible warning system to alert others in the area when backing up or stopping.

To increase safety and prevent accidental falls, the vehicles must have windows and doors, power windshield wipers, and a clear view of the job site from the rear window. Most importantly, all employees should be properly trained and certified before using motor vehicles and their equipment. Proper training will help to keep them and others as safe as possible.

What are Some Ways To Prevent Injuries And Improve Safety?

All involved in construction must be educated in all relevant areas of their work. Education is the first step to preventing death and injury. Site managers and their employees must be aware of the dangers they could face day-to-day and know the best way to respond when faced with a hazard.

Beyond education, site preparation helps prevent injury and death on construction sites. This type of preparation includes removing debris, leveling the ground, filling all open holes, cutting tree roots, removing large rocks, and marking gas, water, and electric pipelines. Another prevention method is to provide a rigid, sturdy scaffold that can support its own weight without movement or displacement.

  • Management safety training
  • Integrate safety as a part of the job standards
  • Create accountability for all departments
  • Take safety into account during the project planning process, and imagine the worst-case scenario
  • Make sure that all contractors are pre-qualified for safety
  • Make sure that all workers are properly trained in the appropriate areas of the job
  • Have a fall protection system
  • Prevent and address substance abuse among employees. It is crucial not to be under the influence while operating machinery and heavy equipment
  • Implement regular inspections

Workers’ Compensation In The State Of Louisiana

Dangerous tasks are common in the construction workplace. Considering that, it is important to know your rights and be aware of the legal complexities involved in workers’ compensation claims. Workers’ compensation was designed to protect employers from injury lawsuits while ensuring that workers could receive compensation for workplace accidents without having to go to court.

Workers’ compensation is a form of insurance that provides wage replacement and medical benefits to employees injured while on the job. In Louisiana, all public and private employers must provide workers’ compensation coverage for their employees if they have one or more full-time or part-time employees.

Depending on the circumstances involved in your accident, you may be eligible to collect workers’ compensation. To understand what compensation you may be entitled to try to recover, it is best to seek legal representation. Insurance companies that provide workers’ comp benefits are no different than other providers who look for ways to avoid paying claims.

Who Can Be Held Liable for a Construction Accident Injury?

Because Louisiana law prevents employees from suing their direct employer, personal injury lawsuits for construction injuries must be made as third-party claims against other liable parties.

When it comes to construction injuries, many people and entities could be liable for the accident. Liable parties can include the construction site owner, any contractor on the project, engineers, architects, or the manufacturers of the equipment that caused the injury.

  • Property Owners: A property owner may be liable if there is proof of an existing “premises defect” that caused the injury, regardless of whether the defect was related to the actual construction work. Common examples of existing premises defects include working near old structures or unsafe walking surfaces.
  • General Contractors: The general contractor is often considered the party responsible for site-wide safety. If it can be proven that they failed to adhere to OSHA standards or coordinate safety protocols between various crews, they could be held legally accountable.
  • Subcontractors: If you were injured by a hazard created by a worker from another company, their employer could be liable to pay compensation.
  • Engineers and Architects: Engineers and architects could face civil liability if they are responsible for a fundamental design flaw or failure to strictly follow safety specifications.
  • Equipment Manufacturers: If you are injured by heavy machinery, power tools, or other safety equipment due to a design or manufacturing defect, you may be able to file a product liability claim to try to recover compensation.

How Can I Recover Compensation for a Construction Accident From a Third-Party?

If a third party has injured you, you may be eligible to file a personal injury lawsuit against the responsible party. Third-party claims are distinct legal actions that are separate from workers’ comp claims and should always be handled with the help of a qualified attorney.

Several legal steps must be followed when trying to recover compensation, which include:

  • Determine Third-Party Liability: Identify who should be held liable for your injuries, such as a contractor, sub-contractor, or property owner, etc.
  • Gather Critical Evidence: Act quickly to capture evidence before it disappears. Critical evidence includes accident reports, safety reports, photos, and videos of the scene, and witness statements.
  • Hire a Construction Accident Lawyer: Hire a lawyer who understands the nuances involved in handling a third-party construction accident claim.

Only a qualified attorney can help to prove that the third party who caused your injury owed you a duty of care and, by breaching that duty, directly caused your injuries.

What Damages Can Be Recovered in a Construction Accident Claim?

Hiring an experienced construction accident lawyer is the most effective way to pursue economic and non-economic damages. Your lawyer will assess your case to accurately value your claim and work to help you recover full compensation for damages.

Economic Damages

Economic damages in construction accident claims often include:

  • Medical Expenses: Reimbursement for past and future medical bills and compensation that will pay for physical therapy, rehabilitation, or modifications to your home or vehicle.
  • Lost Wages: Compensation that pays for the wages you have lost due to your inability to work.

Non-Economic Damages

Non-economic damages are awarded to compensate them for intangible losses that often include:

  • Pain and Suffering: Damages for physical pain, emotional distress, and mental anguish.
  • Loss of Enjoyment of Life: Damages that compensate you if you are no longer able to enjoy the same activities you did before being injured.

It is worth emphasizing that because every construction accident case is different, any compensation you may receive will be based on the merits of the case. Having an attorney on your side who will deal with the insurance company is the most strategic way to recover full compensation for the harm you have suffered.

Contact A Baton Rouge Construction Injury Lawyer Today to Get Started on Your Case

If you or a loved one has been injured in a construction accident, it is important to seek medical attention as soon as possible. Report this injury to your site manager, and be sure to provide any evidence when making a claim (i.e., medical examination records, witnesses to the accident, photographs of the hazardous conditions, etc.) Lastly, contact a responsible attorney to walk you through your legal options.

Big River Trial Attorneys offers confidential, complimentary consultations for anyone who has experienced construction-related injuries. If you or your loved one has been injured, call our offices today at 225-437-2733 to ask a question or schedule your meeting with a Louisiana construction injury Attorney.