| Construction Accidents
Each year thousands of construction workers are injured or killed
in construction site accidents. Even though construction companies
are typically obligated to inspect each site with safety engineers
and provide safety programs accidents still occur.
Generally, an injured worker cannot sue his or her own employer
for injuries arising out of work related activities. However, if
it can be shown that a third party’s negligence caused the injuries
that party can be held liable. Additionally, in some instances workers
may be injured at a construction site due to their own inadvertence
or due to a condition that was no person’s fault. When a worker
is injured due his or her own negligence or that of his or her employer,
or due to a condition which was nobody’s fault, that injured party
can still receive compensation in most states through Workers Compensation.
Workers' Compensation Acts provide benefits to workers who are injured
on the job or suffer an occupational disease arising out of and
in the course of employment. The benefits under Workers' Comp include
weekly payments based on a percentage of the employee's average
weekly wage for temporary total disability, partial disability,
permanent and total disability and permanent loss of function and
disfigurement. Workers' Comp also covers medical expenses for treatment
that is reasonable, necessary and related to the industrial injury
and vocational rehabilitation services.
In some instances, however, a third party is to blame for injuries
that occur on the job site. When a construction site accident occurs,
the owners, architects, and manufacturers of equipment can be held
responsible for inadequate safety provisions. The general contractor
and all subcontractors are required to provide a reasonably safe
site, to warn of hazards inherent in the site and work, to hire
careful employees, to coordinate job safety and to supervise compliance
with safety specifications.
Manufacturers of construction equipment are responsible designing
and maintaining safe products. Defective or dangerous products may
include the following: scaffolding, cranes, power tools, derricks,
hoists, conveyors, woodworking tools, ladders, winches, trucks,
graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy
equipment, boilers, pressure vessels, gas detectors and other types
of construction equipment.
Therefore, it is often possible to find liable third parties in
the event of a construction related injury. This often important
because Worker’s Compensation benefits do not provide compensation
for the pain and suffering that a person endures as a result of
an accident.
If you or a loved one is in need of legal assistance, call Boller & Vaughan S.C. at (608) 268-0268 or submit
an online questionnaire. The initial consultation is free of charge, and
if we agree to handle your case, we will work on a contingency fee basis, which
means we get paid for our services only if there is a monetary recovery of funds.
In many cases, a lawsuit must be filed before an applicable expiration date,
known as a statute of limitations. Please call right away to ensure that you
do not waive your right to possible compensation.
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