Types of Construction Site Injuries and Your Legal Rights

Construction workers face unique workplace hazards due to the industry’s inherent risks. These workers must worry about heat conditions and the effectiveness of equipment. They are also at risk of respiratory ailments from dust or chemicals used in building materials. In extreme cases, a structure might collapse, injuring trapped workers.

In an effort to limit construction site accidents, the Occupational Safety and Health Administration (OSHA) established construction industry regulations. Still, work injuries involving heavy equipment, head injuries, and fatal falls continue.

This article outlines different types of construction accident injuries. You’ll also learn about construction workers’ legal rights if hurt at work.

If you’re a construction worker with a workplace injury, your recovery matters. Contact a construction accident attorney near you to fight for the compensation and protection you deserve.

Causes of Construction Injuries

Most construction accident cases occur for one or more of the following reasons:

• Falls
• Mishandled equipment
• Dangerous power tools
• Toxic chemical exposure
• Negligence by general contractors, subcontractors, or property owners

According to the Bureau of Labor Statistics (BLS), the causes of construction injuries are numerous and varied. While some causes are easy to spot, others are less obvious. Keep reading to learn more about the leading causes of construction injuries.

Falling and Tripping

One of the most common types of construction injuries is falls. Construction workers are at risk from falls from scaffolding, cranes, roofs, ladders, and other heights at work. This can lead to broken bones, back injuries, and permanent disability. Workers’ compensation insurance should generally cover medical expenses resulting from these falls.

Construction workers can also trip over cords and uneven surfaces, even on solid ground. They could also fall into a pit or trench. In worst-case scenarios, a construction collapse can lead to serious injuries or even death.

If you are injured in a fall, you should file a workers’ compensation claim. You might also have a personal injury lawsuit against your employer or another party. Construction companies may be responsible for failing to install fall protection mechanisms. Legal action could be an effective tool for enforcement.

Falling Objects

Another frequent construction accident injury comes from falling objects. Workers can be seriously injured if they are struck by tools or materials that are not adequately secured. Brain and spinal injuries can occur, even if a worker wears the appropriate safety equipment like hard hats.

In such instances, a workers’ compensation attorney can help victims understand their rights. They can also help guide them through the claims process.

Vehicle and Equipment-Related Accidents

Heavy machinery equipment used on construction sites can fail or be dangerous. Faulty equipment or inadequate training in handling power tools can lead to serious injuries. These accidents can result in deep cuts, crushed limbs, and even fatalities. Workers’ comp is crucial in these situations to help cover medical bills and lost wages.

For example:

• A forklift could fail to work correctly
• A dumpster could fall over unexpectedly
• A nail gun could misfire

Equipment that is unsafe or dangerous and causes injuries. In that case, you may wish to discuss with your attorney a legal theory called product liability. This legal concept explores who is responsible for defective or dangerous products.

Heavy Machinery Collisions

Heavy machinery collisions can occur on construction sites. They can happen when large vehicles like excavators, bulldozers, or cranes are operated without adequate safety precautions or by untrained workers.

These accidents can lead to life-threatening injuries. Injuries can include:

• Broken bones
• Internal damage
• Traumatic brain injuries (TBI)

This underscores the importance of proper training and vigilant safety practices.

Backovers and Crushing Hazards

Workplace accidents involving heavy machinery can result in backovers and crushing injuries. Workers risk being run over by large trucks backing out of construction sites. They are also sometimes crushed between large vehicles and walls or concrete.

These accidents can be related to supervisor neglect in controlling a work site. This type of construction accident can be severe. It will likely necessitate long-term medical care or result in permanent disability.

Fires and Explosions

Construction sites are often filled with hazardous materials. These materials can ignite or explode, leading to burns, lung damage, or other serious injuries. Construction sites often contain hazardous conditions, such as exposed wiring and leaking pipes. Flammable chemicals that could lead to fires and explosions are also present.

Workers’ compensation benefits can be a lifeline for these accident victims. The aid can help them cover their medical expenses.

Electrocutions

Electrocutions are another serious hazard at construction sites. This is especially true when workers come into contact with live wires or faulty electrical equipment. This can lead to severe injuries, cardiac issues, and burns. In some extreme cases, it can also lead to wrongful death.

Trench or Building Collapses

Another common type of construction injury is when a trench that’s being built collapses on the workers inside. A building being demolished or under construction can suddenly or unexpectedly collapse. This can kill or seriously injure those inside.

Even if the cause of the accident cannot be directly determined, a legal negligence theory of “res ipsa loquitur” may apply. You may still be able to be compensated without proving how a potential defendant may have been negligent. Trench or building collapses are a hazardous type of construction accident. In these cases, a construction accident lawyer can be instrumental in navigating the legal process.

Repetitive Motion Injuries, Heat Stroke, and Other Overexertion Injuries

Hard physical labor is required for construction work. Employees in this industry often have injuries related to overexertion, including:

• Repetitive motion injuries
• Muscle and joint damage due to overuse
• Hypothermia or frostbite resulting in the loss of fingers, toes, and parts of the face in cold climates
• Heat stress in hot conditions can lead to brain, heart, or kidney damage or death

In extreme cases, heat stress can lead to loss of consciousness. This highlights the importance of providing workers with adequate rest, shade, and water. It also means adjusting work schedules to cooler parts of the day when possible.

Repetitive motion injuries occur when workers repeatedly perform the same action. This can lead to a strain on specific body parts. These injuries can result in long-term pain or disability. Working in intense heat or exposure to smoke or toxic fumes can result in overexertion injuries. Such injuries can lead to respiratory diseases, heart conditions, and other medical problems.

High Lead Levels

Construction workers can be exposed to high lead levels or other toxic chemicals that can cause serious health problems. Unsafe construction sites and work practices can lead to exposure to lead. Construction workers represent many individuals suffering from elevated blood lead concentration cases. This can include respiratory diseases.

Respiratory Diseases

Inhalation risks and respiratory dangers are prevalent on construction sites. This is due to exposure to dust, fumes, and other harmful substances. Workers can inhale these particles, leading to lung diseases or respiratory distress.

Workers should properly use personal protective equipment (PPE) to reduce these risks. This might include masks or respirators.

Thousands of construction workers have died from pneumoconiosis. This disease is legally defined as a chronic lung disease arising from exposure to dust, typically in coal mines. Other common conditions that have led to death in construction workers are:

• Asbestosis
• Black lung disease
• Silicosis

Chemical burns are also possible.

Scaffold Injuries

Scaffolding is a familiar sight on construction sites in New York City and elsewhere. They are crucial for construction projects. They help provide the necessary platform for workers to perform tasks at a high height.

But when safety measures falter, a scaffolding accident can happen. These can often lead to serious injuries or even fatalities.

A Brief Background of Scaffolding

Scaffolding, or staging, is a temporary structure to support a work crew and materials. They aid in the construction, maintenance, and repair of buildings. There are different types of scaffolding. This includes:

• Supported scaffolds
• Suspended scaffolds
• Aerial lifts

No matter the type, scaffolding safety should be paramount.

Some of the most common accidents at construction sites involve scaffolds. It also includes other types of lifts, hoists, or ladders.

Common Scaffold Injuries

There are several risks with scaffolding in construction work. Scaffolding can cause a variety of injuries. Injuries can range in severity and the amount of medical treatment needed. Some common injuries workers can suffer due to a scaffolding accident include:

• Traumatic brain injuries
• Spinal cord injuries
• Electrocution
• Falls leading to broken bones
• Impalements
• Crushing injuries when scaffolding collapses

Factors like missing guardrails, unstable planking, or inadequate safety equipment can cause these. Each of these injuries can lead to significant medical expenses. It can also lead to loss of income, permanent disability, or even death.

It is crucial for construction workers and employers to follow safety protocols. By doing this, they can help prevent these types of injuries.

OSHA Scaffold Regulations

To prevent scaffold accidents, OSHA has stringent regulations. They mandate that scaffolds must be inspected daily before use. They also require the use of fall protection like guardrails.

Workers must also be trained on scaffold safety. Despite these protocols, accidents still occur. Every worker involved with scaffolds must follow OSHA regulations.

Scaffold design and construction must also conform to OSHA requirements. This includes:

• Construction methods
• Rated capacities
• The type of equipment
• Use

Each scaffold component and scaffold must be able to support its own weight. It also must support at least four times the maximum intended load. They must support this weight without failure. Each suspension rope must be able to support at least six times the maximum load.

Employers need a competent person to inspect all scaffolds and scaffold components. They should inspect for visible defects before use on each work shift. Scaffolds should be built, moved, dismantled, or altered only under the supervision of a competent person. A competent person should inspect all components of personal fall protection equipment. This includes:

• Harnesses
• Body belts
• Lanyards
• Trolley lines
• Droplines
• Points of anchorage

Any worn or visibly damaged equipment should be removed from service immediately.

Employers that don’t follow OSHA’s scaffolding regulations can face hefty fines. Non-compliance with these safety standards can expose employers to expensive and time-consuming lawsuits. Failing to follow these regulations can be considered negligence. This exposes employers to liability in personal injury or wrongful death cases.

New York Scaffolding Laws

Unique to New York state is Labor Law 240. This is also known as the “New York Scaffold Law.” This New York labor law puts the responsibility for safety on the construction company and its subcontractors. If a worker is injured due to a violation of this law, the company may be considered a liable party.

This law was designed to protect construction workers against the risks working with scaffolds. The law imposes absolute liability on contractors and work site owners. They are liable if they neglect to provide adequate regulations and safety training. They must also provide devices to protect workers from falls and falling objects.

For example, consider a construction worker in New York City. Imagine they fell and sustained serious injuries while working on a skyscraper project. As the worker pursued their workers’ compensation claim, they encountered difficulties.

The insurance company of the insurance firm attempts to minimize their injuries. They also attempt to reduce their payout. This creates significant financial stress and hardship for the injured worker. Yet, their personal injury attorney can invoke the New York Scaffold Law.

Opposition to NYC Scaffolding Laws

The New York Scaffold Law has strict liability provisions. As a result, this can lead construction companies to carry higher insurance coverage. This can make them potential targets for lawsuits. It can also intensify the battle between claimants and those attempting to limit their liability.

For this reason, opponents of this law feel that it’s too broad. They argue its broad interpretation by the New York courts has caused harm to the construction industry as a whole. They argue that dramatic insurance cost increases come with greater exposure to liability.

Medical Conditions Caused by Construction Injuries

The construction injuries described above can lead to various medical conditions, including:

• Amputation of a finger, toe, or limb
• Broken bones or fractures
• Burns from fires, explosions, or electrocutions
• Cuts or lacerations from exposed nails, tools, machinery, etc.
• Eye injuries or loss of vision from exposure to dangerous chemicals or gases
• Injuries from being impaled by objects such as shrapnel from grinding metal
• Shoulder, knee, or ankle injuries, like sprains or overuse damage
• Loss of hearing from the loud noises on construction sites
• Paralysis and other spinal cord injuries, especially from falls
• Post-Traumatic Stress Disorder (PTSD) from the experience of a traumatic accident
• Toxic exposure to chemicals, such as those from welding
• Head or traumatic brain injuries from falls or objects being dropped on a construction worker on the job site

In the worst cases, these injuries can even lead to death.

Workers’ Compensation Claim vs. Personal Injury Lawsuit

A workers’ compensation claim is typically the first recourse for an injured worker. This type of claim is made through the employer’s workers’ compensation insurance. It’s designed to cover:

• Medical expenses
• Rehabilitation costs
• Part of the worker’s lost wages

Importantly, workers’ compensation operates under a “no-fault” system. This means that benefits can be collected without having to prove that the employer was at fault for the injury.

The workers’ compensation system has limitations. For example, it does not cover damages for pain and suffering. It may not cover full lost wages. Moreover, by accepting workers’ compensation benefits, an employee typically loses the right to sue their employer directly for the injury.

On the other hand, you can file a third-party negligence claim in a personal injury lawsuit if you can show that your injuries were caused by someone other than your employer. For example, with a scaffolding accident, this could be any of the following parties:

• The construction company
• A subcontractor
• The manufacturer of defective scaffolding equipment

The goal of this lawsuit is to prove that the other party was negligent. They must also prove that their negligence led to the accident. The accident must have led to the resulting injuries.

Successfully pursuing a negligence claim can result in greater compensation than a workers’ comp claim alone. This is because a personal injury lawsuit allows for recovering full lost wages. It also allows for recovery from pain and suffering. You can also recover other losses not covered by workers’ compensation.

Sometimes, a worker can pursue a workers’ compensation claim and a personal injury claim. This is particularly true if a third party contributed to this accident. An experienced personal injury attorney can review your legal options.

An Attorney Can Help Secure Benefits for Your Construction Injury

If you have been injured at your construction site, it is best to consult with an attorney. Typically, your employer’s workers’ compensation plan will cover your injuries and the time away from work. An experienced lawyer can help you understand and protect your legal right this compensation. Every case is unique, and you may need additional legal firepower.

A skilled lawyer can support you and advocate for your rights throughout the legal process, including:

• Reviewing your claim and explaining potential compensation you may be entitled to
• Communicating and negotiating with your employer’s workers’ compensation insurance company on your behalf
• Helping you understand personal injury law and fighting for the resources you need to recover from your injury

Because state law is relevant, your legal advisor should be licensed in the state where you work. FindLaw’s directory of construction accident attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Then, reach out to start your consultation. The sooner you connect, the sooner you can secure the benefits you deserve and focus on your recovery.