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Workplace Injury Guide

Construction Accident Lawsuits: Your Complete Legal Guide

Construction is one of the most dangerous industries, with thousands of workers injured annually. Understanding your legal rights after a construction accident can mean the difference between minimal benefits and full compensation.

Common Types of Construction Accidents

Construction sites present numerous hazards that can cause serious injuries:

  • Falls from Heights: Scaffolding collapses, ladder accidents, roof falls, and unprotected edges account for the largest percentage of construction fatalities
  • Struck-By Accidents: Workers hit by falling objects, swinging equipment, or vehicles
  • Electrocution: Contact with power lines, improper wiring, or defective equipment
  • Caught-In/Between: Workers caught in machinery, trenches, or between heavy equipment
  • Equipment Failures: Crane collapses, defective tools, and malfunctioning safety equipment

Workers' Compensation vs. Third-Party Claims

Construction workers often have multiple avenues for compensation:

Workers' Compensation: Provides medical expenses, partial wage replacement (typically 2/3 of average weekly wage), and disability benefits regardless of fault. However, it limits your ability to sue your employer directly.

Third-Party Lawsuits: If someone other than your employer caused or contributed to your accident, you may sue for full damages including:

  • Complete lost wages (past and future)
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Punitive damages in egregious cases

Who Can You Sue After a Construction Accident?

Potential third-party defendants in construction accident cases include:

  • General Contractors: May be liable for overall site safety
  • Subcontractors: Other contractors whose negligence caused your injury
  • Property Owners: May be responsible for hazardous conditions
  • Equipment Manufacturers: Product liability claims for defective machinery
  • Architects/Engineers: If design defects contributed to the accident
  • Equipment Rental Companies: For inadequate maintenance or defective rentals

OSHA Violations as Evidence

OSHA (Occupational Safety and Health Administration) sets safety standards for construction sites. When employers or contractors violate these regulations, it can serve as powerful evidence of negligence:

  • Failure to provide fall protection
  • Inadequate scaffolding requirements
  • Lack of proper training
  • Missing safety equipment
  • Improper trenching procedures

OSHA citations can significantly strengthen your case by establishing that the defendant violated established safety standards.

Typical Settlement Values

Construction accident settlements vary widely based on injury severity, liability factors, and available insurance:

  • Minor injuries: $50,000 - $200,000
  • Serious fractures: $200,000 - $750,000
  • Permanent disability: $500,000 - $5,000,000+
  • Traumatic brain injury: $1,000,000 - $10,000,000+
  • Wrongful death: $1,000,000 - $15,000,000+

Multiple liable parties and clear OSHA violations can substantially increase these values.

Frequently Asked Questions

Can I sue my employer for a construction accident?

Generally, workers' compensation is your exclusive remedy against your direct employer. However, you can sue third parties like general contractors, property owners, equipment manufacturers, and other subcontractors.

How long do I have to file a construction accident lawsuit?

Statutes of limitations vary by state, typically 2-3 years for personal injury claims. Workers' comp claims must usually be filed within 1-2 years. Report injuries immediately and consult an attorney promptly.

What if I was partially at fault for my construction accident?

Most states follow comparative negligence rules, meaning you can still recover damages reduced by your percentage of fault. Workers' comp benefits are paid regardless of fault.

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