Categories of Construction Accidents
Construction sites are inherently dangerous, which is why workers have all sorts of safety gear and practices to minimize their risk. However, not all construction sites observe safety protocols, and there are instances when the accident is due to other forces. People typically suffer serious injury in construction accidents, and in some cases, they are not even construction workers. According to the website of Habush Habush & Rottier S.C. ® the consequences of such injuries can be devastating on many levels.
Often, the only thing a victim can do is to claim for compensation. Four categories of construction accidents exist, classified based on the circumstances of the injury.
On the Job Injury
The one thing most workers can rely on is workers’ compensation. Because it is a no-fault system, no one has to prove negligence to make a claim. However, there are certain limitations. The worker sustained the injury while on the job, was not under the influence of drugs or alcohol, and may not file a personal injury lawsuit against a negligent employer. Workers’ compensation also tends to be less than what a worker can receive in a personal injury lawsuit.
Third Party Involvement
While workers’ compensation rules bar the injured worker from filing a personal injury claim against the direct employer, it does not prohibit filing a lawsuit against a third party, such as a truck driver or company that caused the accident. The worker can file a workers’ compensation claim and still file a personal injury lawsuit.
Sometimes, the injured party is a non-worker, such as a pedestrian or a motorist injured by falling objects or open manholes. In most instances, non-workers are prohibited from entering a construction site to minimize exposure to danger. However, according to the website of Hach Rose, this does not relieve the contractor from the duty to post adequate warning signs and take steps to keep non-workers safe.
After the Fact
Even when active construction is over, the site can still be a source of danger if the contractor, designer, or engineer was negligent. It could be shoddy workmanship, a too-low railing, or structural defects. In such cases, the injured party can file a lawsuit against the responsible third parties. Consult with a personal injury lawyer in your area to find out who these are.