Injured in a Construction Accident? Know Your Rights

Construction sites are some of the most dangerous workplaces in the country. With heavy equipment, elevated workspaces, and multiple contractors operating simultaneously, accidents are unfortunately common. If you were injured while working on or visiting a construction site, it’s essential to understand your rights and the legal options available to you.

This guide will help you understand how construction site injury claims work, what to do after an accident, and how to pursue compensation if you’re hurt.

Common Causes of Construction Site Injuries

Construction work is physically demanding and often risky, especially when safety precautions aren’t properly followed. Most construction site injuries fall into a few common categories.

Falls from heights are among the leading causes of injury. These can happen from ladders, scaffolding, rooftops, or unfinished structures. A fall may result in serious injuries such as fractures, spinal damage, or even death.

Another common hazard is being struck by falling objects. Tools, debris, or equipment may hit workers below dropped from higher levels, especially when materials are not appropriately secured.

• Electrical injuries can also occur when workers are exposed to live wires or improperly grounded equipment. Electrocutions often result in burns, heart damage, or neurological issues.
• Machinery malfunctions are another serious concern. If a power tool, crane, or forklift fails or is improperly operated, it can cause life-altering injuries.
• Exposure to hazardous substances like asbestos, chemicals, or silica dust can also lead to chronic health problems.
• Many of these incidents happen because of poor planning, lack of safety gear, or violations of workplace safety rules. In these situations, injured workers may have more than one legal path to recovery.

According to OSHA, one in five worker deaths in 2023 occurred in construction, highlighting the industry’s inherent risks.

Determining Liability in Construction Accidents

Construction sites are busy environments with multiple teams working together, and determining who is responsible after an accident isn’t always straightforward.

Sometimes, the general contractor or construction company is responsible. They are typically in charge of maintaining a safe work environment and making sure safety protocols are followed. If they fail to enforce OSHA standards or provide proper equipment, they might be liable for your injury.

Subcontractors can also be at fault. These are specialists hired to complete specific tasks, like electrical work or roofing. If their negligence led to your injury—such as unsafe wiring or improper scaffolding—they could be held responsible.

Equipment manufacturers or rental companies may be liable if defective or poorly maintained machinery caused the accident. For instance, a faulty harness or crane malfunction could point to product liability.Property owners sometimes share liability, primarily if the dangerous condition existed before construction began or if they contributed to unsafe working conditions.

In many cases, more than one party may share legal responsibility. A construction accident attorney can help investigate the cause and identify who should be held accountable.

Workers’ Compensation vs. Personal Injury Claims

Most injured construction workers are entitled to workers’ compensation, but there are situations where you may also be able to file a personal injury claim.

Workers’ compensation is designed to cover employees regardless of fault. If you’re hurt on the job, this system pays for your medical bills and a portion of your lost income.

In Louisiana, workers’ compensation benefits typically cover two-thirds of the injured worker’s average weekly wage during recovery.

However, workers’ comp has limitations. It doesn’t cover non-economic damages like pain and suffering, and in most cases, you can’t sue your employer directly—even if they were at fault.

You can file a personal injury claim if someone other than your employer caused the accident.

For example, if a subcontractor dropped equipment on you or a defective tool malfunctioned, you could seek damages beyond what workers’ comp provides.

Employers are prohibited from retaliating against employees who file workers’ compensation claims; such actions are illegal and subject to penalties.

Understanding the differences between these two types of claims is essential when planning your next steps.

Comparison of Workers’ Compensation and Personal Injury Claims

Steps to Take After a Construction Site Injury

Your actions immediately following a construction accident can have a significant impact on your recovery and your legal case.

First, get medical attention right away. Even if you feel okay, some injuries take time to show symptoms. A doctor’s report also becomes essential evidence for your claim.

Next, report the injury to your employer or site supervisor. Documenting the incident is crucial for workers’ compensation eligibility.

If you can, take photos of the accident scene. Capture the equipment involved, safety conditions, and any visible hazards. Also, get the contact details of any witnesses.

Please keep copies of all your medical records, treatment plans, and any communication with your employer or their insurance company. Finally, contact a qualified construction accident attorney. They can help you understand your rights, whether you should file a workers’ comp claim, a personal injury lawsuit, or both.

Compensation in Construction Injury Claims

Compensation for a construction injury depends on the type of claim you pursue and the extent of your injuries.

Medical expenses are often the most significant cost. These can include emergency room visits, surgery, rehabilitation, medications, and follow-up care. If your injuries are long-term, you may also need home health aides or modifications to your home.

Lost wages are another primary concern. If your injuries prevent you from working, you can seek reimbursement for missed paychecks. If you’re unable to return to your previous job, you may also be entitled to compensation for lost earning capacity.

• Pain and suffering are compensation for the physical pain and emotional distress you’ve experienced. This may include anxiety, depression, or reduced quality of life.
• Rehabilitation and therapy costs may also be recoverable, especially for injuries involving amputation, paralysis, or traumatic brain injury.
• In personal injury cases, you can recover full compensation for both economic and non-economic losses.

Special Considerations: Revolving Door Injury Claims

Revolving door accidents are less common but still serious. These injuries typically occur when a revolving door malfunctions—spinning too fast, jamming, or closing suddenly on a person.

People injured in these accidents often suffer head injuries, broken bones, or even nerve damage, especially if the door is defective or not maintained properly.

A $500,000 settlement was awarded to an elderly woman injured by a malfunctioning revolving door, underscoring the importance of property maintenance and safety.

These cases usually fall under premises liability law. Property owners and businesses are responsible for maintaining safe premises, including properly functioning entryways.

If you were hurt by a revolving door in a construction area or building under renovation, both the property owner and construction contractor might be held liable.

Frequently Asked Questions (FAQs)

Q1: What should I do immediately after a construction site injury?

Seek medical attention, report the injury to your supervisor, take photos, and gather witness contact information. Then, talk to an attorney to understand your legal rights.

Q2: Can I file both a workers’ compensation and a personal injury claim?

Yes. If a third party, like a subcontractor or equipment company, caused your injury, you may be eligible to file both types of claims.

Q3: What types of compensation are available in a personal injury claim?

You can recover medical costs, lost income, pain and suffering, emotional distress, and long-term rehabilitation expenses.

Q4: How long do I have to file a claim after a construction accident?

In Louisiana, the statute of limitations is typically one year from the date of the accident. It’s essential to act quickly to protect your rights.

Q5: What is a revolving door injury claim?

It refers to injuries caused by faulty or unsafe revolving doors. These claims often fall under premises liability and can involve property owners or maintenance contractors.

Q6: How can a construction accident attorney assist me?

An attorney can help gather evidence, determine liability, negotiate with insurance companies, and maximize your compensation.

Conclusion

Construction accidents can turn your life upside down. Whether you’re dealing with a serious fall, equipment failure, or even a revolving door injury, knowing your rights and options is essential. From determining fault to navigating complex claims processes, every step matters in your recovery journey.

If you’ve been injured in a construction accident, the team at AKD Alvendia, Kelly & Demarest is here to guide you. With experience in both workers’ compensation and personal injury law, we help injured workers get the support and compensation they deserve.

Understanding your rights is the first step toward getting back on your feet. Let us help you take the next one.