If you were involved in an construction site accident and sustained serious injuries you’re going to want to know what to do and who to turn to for help. The trouble is that when you’re hurt on the job you expect your employer to help you and to do whatever is necessary to help you make a full recovery, but this isn’t always the way that it goes. In fact, in many cases, construction workers who are injured on the job find that their employers are less than helpful, may try to make the accident appear to be the worker’s own fault, and that even workers’ compensation paperwork becomes an insurmountable task.
To make matters more difficult you may find that your employer wants you back on the job immediately following your accident and that may not be possible, putting you in an even more difficult situation where you’re unable to earn a living wage and your job may be replaced, giving you less work when you do finally make it back to the job site, if you make it back before the end of the contract for the current job. But you don’t have to deal with all of this frustration and suffering on your own. Working with a skilled personal injury attorney can help you to make it through your recovery more smoothly, more quickly, and with more help.
The Husband and Wife Law Team have been working with injured construction workers for more than two decades. Under Arizona law, an injured worker generally cannot sue their employer but they can obtain worker’s compensation from their employer. An injured worker can sue for their injuries and maintain a worker’s compensation claim at the same time when a third party has caused the worker’s injuries. We are standing by to hear your story and to ensure that your voice is heard and that you get the help you deserve for your injuries and losses after being hurt at work. All you have to do is make one phone call, and if you can’t come to us, we will come to wherever you are.
Employer’s Role in Construction Site Safety
When you work on a construction site safety is a primary concern for you, and you expect your employer to take safety seriously, as well you should. If you are hurt by the fault of your employer you can only have a worker’s compensation claim. When you are hurt by a third party, then you can bring a negligence claim. Construction sites are hotbeds for hazards, with multiple pieces of heavy machinery, hazardous materials, dozens if not hundreds of employees moving around, and many different types of activity going on at one time. Construction sites often have foremen and safety officers on site to ensure that everyone on the site is safe, but it’s more than just having a person standing in the middle of the construction site or sitting in an office watching cameras, and directing the order of activity for the day. Employers and owners on construction sites are charged with the responsibility of keeping everyone, both workers and visitors, on the site safe from harm. OSHA, the Occupational Safety and Health Administration, requires that construction site employers and owners take certain measures to keep their employees safe. These regulations are in place to help protect you and other workers on the site from being injured and include regulations and procedures for:
Prevention of strains and sprains by providing proper oversight and training, in addition to providing enough workers for specific jobs and the right tools and equipment to get the job done properly and safely.
Carbon monoxide prevention and how to handle high levels of carbon monoxide on a job site, to ensure that no one on the site suffers CO2 poisoning.
Prevention of struck-by accidents by ensuring that proper procedures for look-outs and backing up are followed by all personnel at all times and by having proper procedures and trainings in place.
Lead, mold, and hydrogen sulfide mitigation measures to ensure that workers are not unnecessarily exposed to harmful substances in these categories that could result in serious harm, illness, or death.
Personal protective equipment (PPE), including eye and face protection, occupational noise protection, respiratory protection, ventilation, fumes mitigation and how to handle situations where fumes are present can cannot be immediately mitigated, as with the laying of asphalt, are required on all job sites. This type of protective equipment, along with all other types of protective equipment must be rated for the work actually being completed. A pair of ear plugs on a noisy job site does not necessarily meet the OSHA requirements if the ear plugs are not rated for the decibel output of the site, and the same is true for all types of personal protective equipment. Although in some cases, you may be responsible for providing all of your own personal protective equipment, or some of it, the contractor at the job site is responsible for ensuring that your equipment is adequate, properly maintained, and properly sanitized for use on the job site before you begin working and throughout the duration of the job. If the requirements of the job change or the situation in a specific part of the construction site changes, the general contractor is responsible for notifying you and ensuring that you are not required to work until you have the proper equipment.
Fire safety to reduce the risk of smoke inhalation and burn injuries or death.
Signals, signs, and barricades to help keep workers and the public safe; these signs are especially important in areas where floors in a building may be missing or weak, or where staircases have been removed or not yet erected, to ensure that workers are properly notified of potential hazards.
Welding, cutting, and brazing regulations to ensure that only properly trained individuals conduct this type of work and to ensure that all proper safety procedures are followed using proper equipment and personal protective equipment.
Scaffolding regulations that ensure that scaffolding is properly erected and that only properly trained individuals are allowed to work on scaffolding and in tight spaces that may be created by the erection of scaffolding, and to ensure that proper safety equipment, including harnesses are made available when significant risks are created by the use and erection of scaffolding.
Electrical regulations that ensure that only properly trained and certified electricians perform electrical work and that all electrical regulations are followed to keep workers, the job site, and eventual occupants safe from electrical failure, fire, and shock.
Fall prevention, which includes proper signage, barriers, lookouts, training, equipment, safety precautions, and other measures as deemed necessary, including regular cleanup of the construction site, proper procedures for excavation and use of scaffolding, and more.
Excavation safety, which includes proper safety procedures implementation for individuals working around and in excavation sites and equipment, and proper training for individuals manning equipment or working in these areas.
This list, while extensive, is not exhaustive, and it is up to construction workers to know the companies that they are working with need to maintain safety in these areas, and to make noise when proper safety procedures are not being followed.
Who Is Liable for My Construction Job Site Injuries?
When you sustain construction job site injuries you want to know who is liable for your injuries. Your workplace, if responsible, can be held liable, but not for a negligence claim. If your employer or co-worker are at fault for your injuries then likely you have a worker’s compensation only Working with a skilled personal injury attorney can help you to better understand liability in your case and to get to the bottom of who is truly responsible for your injuries. Our attorneys investigate everyone on the job site with a role in your accident including co-workers, the foreman, safety managers, subcontractors, contractors, and even the owners. We look into company policies, procedures, safety trainings, and the backgrounds of all those involved, and determine where falls lies for your accident.
What Compensation Can I Receive for My Construction Job Site Injuries?
If you sustained construction site injuries it is natural to wonder whether or not you’ll be able to receive compensation for your injuries. After all, workers compensation doesn’t always cover all of the bills and it can be difficult to get the help you need from workers compensation. If you do have an injury claim while every case is different, many victims are able to recover damages for injuries and medical expenses, pain and suffering, lost work time and wages, loss of enjoyment of life, and more beyond what an injured worker could otherwise collect against worker’s compensation.
The Legal Team That Helps You Move Forward
The attorneys at the Breyer Law Offices, P.C. understand that moving forward after sustaining an construction site injury can be difficult and may feel impossible. We do whatever it takes to help you get the compensation and assistance you need for your recovery. For help with your case reach out for a free consultation with attorneys Alexis and Mark Breyer now.