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Informative Details About Construction Accident Cases And Worker’s Compensation


Construction workers are performing their day-to-day duties on sites where heavy equipment and scaffolding or temporary structures are erected. Work sites like these pose certain risks due to hazardous conditions.

Organisations like OSHA seek to curtail these risks, but accidents are still likely to happen. Whether you sustained injury due to falling equipment, failures in safety procedures or site equipment, you are eligible to claim compensation for your injuries.


Related post: 5 Types of insurance a small business should have

Worker’s Compensation

When injured in a construction accident, you can claim for medical expenses relating to the incident as well as a portion of your lost earnings and rehabilitation. You don’t need to provide proof that your Employer was negligent, as Worker’s compensation is no-fault insurance. The only requirement is that your illness or injury was incurred while you were performing your work duties.

You cannot claim compensation for non-economic expenses such as pain and suffering, and you will not be allowed to sue the Company regardless of the cause of the accident whether it was due to negligence or not.

Dallas attorneys that specialise in Construction accident cases can assist you with recovering those losses.

There Are Two Possibilities:

When your Employer deliberately placed you in harm’s way, knowing of the likelihood that you might get hurt in the process (your lawyer may request that the court exempt you from an exclusionary rule and give you the opportunity to sue them).

Or

The attorney’s investigation is aimed at identifying third parties who have contributed to your injury due to negligence (the more likely option).

Third-party Claims

If another individual or company somehow contributed to conditions at the work site that provided to you getting hurt, you may have a chance at holding them liable for your damages.

Examples of third-parties:


  • A Sub-contractor
  • A vendor
  • An engineer
  • The property owner
  • An architect
  • The manufacturer of defective equipment or tools that were used during your accident resulting in you getting hurt.

Fatal Four Types Of Accidents Relating To OSHA Violations:

There are certain safety standards set by The Occupational Health and Safety Administration (OSHA) that are designed to prevent serious workplace injuries and fatalities. OSHA has determined that the most common and severe construction site accidents that cause the highest number of injuries fall into the “fatal four” category.

These include:

1. Falls

This is the number one cause of construction site accident injuries due to unstable ladders, roofs, scaffolding and unmarked drop-offs and excavations.

2. Falling objects

Being struck by a falling object.

3. Caught-in or between

Where a worker is crushed or trapped between objects, usually from being caught in the moving parts of heavy machinery or being stuck in a cave-in.

4. Electrocutions

Electrocutions resulting from exposed wiring, power lines, extension cords or by poorly maintained or defective tools and equipment.

OSHA has strict safety standards and is performing inspections at the construction sites with the intention of enforcing them. But their overall effectiveness is limited due to the vast number of worksites and only a couple thousand inspectors at their disposal.

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