Construction Site Slip and Falls: What You Need to Know
If you’ve had a slip and fall accident at a construction site, you may be wondering what to do.
Who is responsible for the accident? How do you hold them accountable? And won’t the justice system be annoying and costly, especially as you’re trying to heal?
Construction sites are inherently dangerous, but that doesn’t mean accidents like slip and falls should be expected or accepted. If you’ve had a slip and fall accident at a construction site, it’s crucial to understand the cause, who’s liable, and what compensation you might pursue.
As a personal injury lawyer, I help clients who’ve been injured at construction sites. Here’s what makes these cases unique and what to expect from the process.
Common Causes of Slip and Fall Accidents at Construction Sites
Construction sites are full of potential hazards, which makes slip and fall accidents fairly common. Here are some of the most frequent causes:
- Uneven Surfaces: Construction often means walking on uneven ground, exposed wiring, or poorly secured flooring.
- Debris and Tools: Tools, materials, and waste left out in the open can easily become tripping hazards.
- Wet or Slippery Surfaces: Water, oil, or other substances can make the ground slick, especially in areas that aren’t well-maintained.
- Lack of Adequate Safety Measures: Missing or inadequate railings, warning signs, or barriers can lead to dangerous situations.
- Poor Lighting: In poorly lit areas, hazards might not be visible until it’s too late.
Construction sites can be extremely unpredictable. And as we discuss below, it can take a full investigation to figure out exactly who’s liable. So no matter what caused your accident, you likely will want to speak with an attorney who has experience with slip and fall accidents at construction sites.
Why Liability is Complicated in Construction Site Cases
Determining who is responsible for a slip and fall accident at a construction site can be tricky. Several parties could potentially be liable, depending on the situation. Here’s why these cases are complex:
1. Multiple Parties Involved
The site owner, general contractor, subcontractors, or equipment manufacturers might all play a role in maintaining safety. Pinpointing exactly who was responsible for the hazard can be a real challenge.
2. Workers’ Compensation vs. Personal Injury
If you’re an employee, you likely have to go through workers’ compensation rather than filing a personal injury claim. If you’re a visitor or subcontractor, a personal injury lawsuit might be the way to go.
3. Negligence
If pursuing a personal injury claim, it’s important to prove someone’s negligence caused the accident. Was there a failure to follow safety regulations? Were warnings and barriers missing or improperly placed?
4. Safety Considerations
Construction sites have to follow strict safety guidelines, but not every site complies. Violations of OSHA (Occupational Safety and Health Administration) rules could play a role in your case.
In addition, some companies and even injured workers don’t want to admit what happened. They assume workers should just “be tough” and not pursue a claim.
But for people with serious injuries, that simply isn’t good enough. This attitude – especially from higher up – discourages safety on site and can cause workers to get worse by not seeking treatment when they first need it.
Workers’ Comp or Personal Injury? A Case from Our Firm
We recently had a client who was using a truck on the job at a large construction project. When moving from the back of the truck to the ground, he landed badly and severely injured his knee. It deteriorated so badly that he required a full knee replacement.
This particular case will take a long time. It was an on-the-job injury, and one that could lead to permanent disability. But his employer doesn’t want to admit it happened while he was at work, because they don’t want to be held liable and have to pay through their workers’ comp insurance.
For a case like this, he came to the right place. We handle tough personal injury cases, and we also have decades of success in workers’ comp law. In addition, if the injury becomes so bad that our client can no longer earn an income, our SSDI team can help him apply for disability and get relief into the future.
What Damages Should Be Covered?
If you’ve been injured in a slip and fall at a construction site, you may be entitled to several types of compensation. Depending on the severity of your injuries and the circumstances surrounding your case, damages might include:
- Medical Expenses: This includes immediate medical treatment, surgeries, rehabilitation, and any long-term care you may need.
- Lost Wages: If you’re unable to work due to your injuries, you could be compensated for the income you’ve lost and any future wages you won’t be able to earn.
- Pain and Suffering: Serious injuries can lead to both physical pain and emotional distress, and you deserve compensation for the impact the accident has had on your life.
- Disability or Reduced Earning Capacity: If your injury results in a permanent disability or reduces your ability to work, you may be entitled to compensation for this long-term impact.
- Out-of-Pocket Costs: Expenses like transportation to medical appointments, medication, and required modifications to your home or vehicle may be covered.
Choosing the Right Attorney for a Construction Site Slip and Fall Case
You need the right attorney to get the compensation you deserve. Here’s what to look for:
Experience with Construction Site Accidents
Not all personal injury cases are the same. You need an attorney who understands the specific challenges of construction site cases, including the complexity of liability and safety regulations.
Track Record of Success
Look for a lawyer with a history of winning cases similar to yours. They should be familiar with both workers’ comp and personal injury claims. And if your injury might lead to long-term disability, they should also have a successful track record in SSDI. Our firm handles all of these types of cases.
Clear Communication and Commitment to Your Case
You want an attorney who will explain the process clearly and keep you updated every step of the way.
Choose someone who will fight aggressively for your rights. They should make sure you get the compensation you deserve, whether through negotiation or taking the case to court if needed.
How Our Attorneys Can Help
A slip and fall accident at a construction site can be devastating, both physically and financially. If you’ve been injured, you don’t have to navigate this complicated situation alone.
Our award-winning attorneys have experience in every area of the law related to construction site accidents. Whether on site as a worker or visitor, we can help you figure out liability and get the compensation you need and deserve. And we don’t get paid anything until we win your case.
Get started with a free conversation. Just fill out the form below or call us at 901-327-2100. We look forward to helping you.
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