Construction workers often have to handle several dangerous activities which are part of their jobs that makes the construction sector one of the most risk-prone industries. Regardless of the efforts in risk reduction, the construction industry is dangerous by its very nature. Moreover, due to the growth of technology and increasing temporary and contract employment, the work dynamics of the construction industry are changing more than ever before.  Workers engage in difficult physical work and even use heavy machinery besides working at elevated heights. Other people who are not related to the work directly or mere bystanders can suffer injuries by falling debris or other flying objects and remain exposed to many other dangers. Overall, the construction site is a dangerous place to work or move around.

This does not mean that construction work must remain risky. It is possible to create a safe workplace for construction workers by following the safety standards of OSHA (Occupational Safety and Health Administration). Every employer in the construction sector is responsible for implementing the safety standards so that it minimizes the risks of injury and fatalities of construction workers. In addition, the personal injury lawyers play an important role to keep employers and contractors on a tight leash by holding them responsible for unsafe acts. It helps to promote construction safety as employers know that they would remain accountable in the case in worker suffers an injury at work or otherwise at the workplace.

The law is very clear about personal injury and not only workers alone but every person moving around construction sites can claim compensation for injury. The only condition for successful claim settlement is that the injured person must convincingly prove that the injury happened due to the negligence of the other party who was responsible for ensuring safety.  The injury causes severe physical, emotional and mental distress that an NYC personal injury lawyer can assign a monetary value for claiming compensation. The lawyers can guide you through the legal process that ends in successful claim settlement.

To get some idea about personal injury lawsuits in the construction industry and the basic parameters of the of the cases, go through this article.

Injuries to construction workers

The construction sector or more precisely the Engineering and Construction (E&C) industry is one of the world’s largest segments of the economy with the spending in the construction sector (both goods and services) touching $10 trillion annually. That 60% OSHA inspections happen in the construction industry underlines the risk level of the industry that draws special attention of the regulatory agency. Almost 60% of construction deaths occur from four major types of injuries which OSHA labels as the ‘fatal four.’ Injuries can happen from falls and electrocution at work sites, and it can also occur if by some object hitting someone. The fourth instance of injury can happen to people who find themselves caught in between.

Being fatally injured is not the only condition for filing a lawsuit because any injury that causes distress and inconvenience, both physically and mentally, qualify for claiming compensation. The personal injury lawyers handle their clients’ legal matters with compassion and efficiency so that they receive adequate compensation for the trauma and distress that they have undergone due to the injury.

Judging the applicability of the laws

To claim compensation for injury at construction sites, it is important to judge the applicability of the law in relation to the incident that caused injury. The potential recovery in a lawsuit claiming compensation depends on how much the workers’ compensation rules apply to the case.   The workers’ compensation rules cover workers throughout the US across all 50 states, and there is some form of workers’ compensation available.

The rule stipulates that when any worker receives injuries on the job, he or she becomes entitled to compensation for the injuries regardless of whether the employer was negligent or not. However, the recovery under the workers’ compensation rules is much less than what one can obtain by filing a personal injury lawsuit under the guidance of a personal injury lawyer. To establish a claim for compensation successfully in a personal injury lawsuit it is necessary to prove that the employer was negligent or at fault that caused the accident.

Lawsuit for personal injury

Every lawsuit brought by an injured worker does not come within the ambit of the workers’ compensation laws. Every state has its own laws, but overall there is some commonality between the laws because lawsuits under workers’ compensation laws involve the worker and the direct employer. According to the law, a worker can sue the subcontractor who has engaged him or her but cannot sue the manufacturer of the faulty equipment because there is no provision for it.

Going beyond the workers’ compensation laws, an injured worker can file a personal injury lawsuit that allows him or her to sue all those responsible for the accident and not the employer alone. That allows claiming much higher damage awards which is why it is beneficial for workers in the construction industry to seek help from personal injury lawyers to help them seek and settle for higher compensation.

Injuries to non-workers

Although injuries at construction sites can happen to non-workers also, there is no provision for any compensation for this group in the workers’ compensation laws that provide cover for workers only. Collisions can happen on unmarked roadways, debris can fall upon pedestrians and even a child wandering into the construction site can get injured. Contractors are supposed to take proper safety measures to warn people of the possible dangers and even obligated do more to ensure that dangerous situations do not arise.

The laws in some States hold contractors responsible for injuries to others. In other states, the injured person must file a personal injury lawsuit to prove that the contractor was at fault that caused the injury and claim suitable damages that can make good for the losses undergone both physically and mentally.

Personal injury claims can also arise after construction completion in situations when the builder falters in securing heavy objects that fall on others.