Partner at AKD Lawyers
Practice Areas: Personal Injury, Insurance Claims
Construction work plays a major role in building cities, but the environment can be risky when safety standards are not followed. Heavy machinery, open edges, electrical setups, and large teams working at once create conditions where injuries are more likely to happen. Understanding how these incidents occur and what rights workers have can make a difficult situation easier to navigate.
This guide breaks down the most common risks, how liability can arise, important workplace rules, and what steps someone should take after a construction site injury.
According to OSHA, one in five worker deaths in 2023 occurred in construction, which shows how dangerous these worksites can be.
Understanding Construction Site Risks and Common Injuries
Construction sites contain many hazards that can lead to sudden or long-term injuries. Some incidents are caused by unsafe conditions. Others happen because a tool, machine, or structure fails unexpectedly.
The most frequent construction accident safety concerns include:
- Falls from heights, such as scaffolding, ladders, platforms, or unfinished floors. These falls can lead to fractures, spinal injuries, joint damage, or head trauma.
- Struck-by object incidents when tools, materials, or debris fall from higher levels.
- Electrical hazards involving exposed wires, faulty wiring, or contact with energized parts.
- Machinery malfunctions or operator errors with cranes, forklifts, saws, and other equipment.
- Exposure to hazardous substances like silica dust, solvents, or asbestos, which may cause respiratory or skin problems.
Many injuries occur because a jobsite lacks proper planning, workers do not receive safety training, or protective gear is missing. OSHA construction safety rules require fall protection, hazard communication, and equipment inspections, but these standards may not always be followed.
What Causes Construction Site Accidents
Accidents often happen in busy environments where multiple contractors, crews, and suppliers move at the same time. A breakdown in communication or a failure to follow safety measures increases the chances of injury.
Common causes include:
- Missing or damaged personal protective equipment (PPE)
- Improperly stored materials that create trip or crush hazards
- Faulty scaffolding or unsecured ladders
- Inadequate safety supervision
- Poor site inspections or ignored hazard warnings
- Tools or machines that were never repaired or replaced
When these issues occur, workers and even visitors to the site are exposed to preventable risks. A strong injury reporting system, regular inspections, and hazard assessments are important for reducing these incidents.
How Liability Can Arise in Construction Accidents
Construction sites usually involve several responsible parties. Understanding their roles helps explain how liability may arise after an accident.
General Contractors
They manage the overall project, enforce safety plans, and coordinate different teams. If safety rules are ignored or training is not provided, they may be one of the responsible parties.
Subcontractors
Electrical teams, roofing crews, and other specialists must follow safety rules for their work areas. If unsafe wiring, improper installations, or equipment mistakes lead to injuries, their work may be examined.
Equipment Suppliers and Manufacturers
If a machine, tool, protective harness, or safety device fails due to a defect, the manufacturer or rental company could be responsible.
Property Owners
In some cases, unsafe conditions on the property may contribute to an injury. This is especially common when renovations or repairs expose visitors or workers to hazards.
Revolving Door Injuries During Construction
These incidents occur less often but can be serious. When a revolving door spins too quickly, jams, or closes unexpectedly, people can suffer broken bones, nerve damage, or head injuries. If this happens while a building is under renovation, both the contractor and property owner might share responsibility.
Workers’ Compensation and Third-Party Injury Paths Explained
Workers’ compensation plays a major role after a construction injury. It covers medical care and a portion of lost wages even when no one is directly at fault. In Louisiana, wage benefits typically equal about two-thirds of the worker’s average weekly pay.
Employers in Louisiana are prohibited from retaliating against workers who file legitimate workers’ compensation claims.
Workers’ comp does not cover pain and suffering, and employees generally cannot sue their employer. However, if a third party contributed to the injury, a separate claim may exist. Examples include a subcontractor’s mistake or a defective product that caused the incident.
Understanding the difference between workers’ comp and third-party paths helps injured individuals recognize what forms of compensation may be available based on their situation.
Steps to Take After a Construction Site Injury
Immediate action can make a major difference in someone’s recovery and their ability to document what happened.
- Seek medical attention. Some injuries are internal or delayed, so medical evaluation is important.
- Report the incident to the supervisor or employer. This creates an official record.
- If safe, take photos of the scene, equipment, and any hazards.
- Collect witness names and statements, if possible.
- Keep copies of medical records, workplace reports, and communication about the injury.
Clear documentation helps show what conditions existed and how the incident occurred. This is especially important on sites where many teams work together and responsibility may be shared.
A New Orleans personal injury attorney at Alvendia, Kelly & Demarest Law Firm can explain how fault, insurance, and third-party responsibility are evaluated in these situations.
Types of Compensation in Construction Injury Cases
Compensation depends on the type of claim and the seriousness of the injuries. Workers’ comp covers medical treatment, partial wage replacement, and rehabilitation.
Third-party actions may include categories like medical bills, pain and suffering, long-term rehabilitation, and loss of earning capacity.
Long-term injuries involving the spine, brain, joints, or soft tissues may require extended care or lifestyle adjustments. Understanding these categories helps injured workers evaluate how their recovery might be supported.
Workers’ Compensation vs. Third-Party Injury Path
|
Aspect |
Workers’ Compensation |
Third-Party Injury Path |
| Fault Requirement | No fault needed | Must show negligence |
| Coverage | Medical care, partial wage replacement | Full damages, including pain and suffering |
| Suing Employer | Not allowed | Only in rare cases |
| Limits | Statutory restrictions | Based on damages |
| Timelines | Varies by injury | Case-dependent |
| Evidence | Medical and incident records | Broader investigation required |
Frequently Asked Questions
What are the most common causes of construction site injuries?
Falls, electrical exposure, falling objects, machinery failures, and unsafe work conditions are leading causes of construction site injuries.
How should a construction injury be reported?
Notify your supervisor quickly, complete an incident report, document the area, and keep copies of all medical and workplace records.
Can someone pursue both workers’ comp and a third-party claim?
Yes. If another company, subcontractor, or manufacturer contributed to the injury, both paths can exist.
What documentation is useful after a construction accident?
Photos, witness details, medical reports, incident forms, and communication records help show how the injury occurred.
How long does someone have to explore options after an injury?
Louisiana’s general limit is one year for most injury actions, but timelines vary based on the situation.
Conclusion
Construction sites involve many moving parts, and injuries can happen even when a worker follows all safety rules. Knowing how these incidents occur, how responsibility is determined, and what steps to take afterward gives injured workers and visitors the clarity they need to protect their rights.
If you or someone you know was injured on a construction site, Alvendia, Kelly & Demarest Law Firm can help explain the process, review the facts, and guide you toward the best path forward.
Schedule a free consultation to discuss your situation and understand your next steps.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
