This area of the law deals with personal injuries and wrongful death cases that arise from construction accidents, as well as from violations of our safety laws, regulations and standards that govern the construction industry. The Occupational Safety and Health Administration (OSHA) is the chief governing and regulatory body for construction site safety. In addition, each state has adopted its own set of safety regulations, to which the construction industry is bound.
Construction accidents can range from minor to catastrophic, and frequently result in death. The types of injuries one can sustain from these accidents include but are not limited to falls by persons or objects that fall upon persons, crushing injuries, amputations, blindness, deafness, fractures, burns, spinal cord and back injuries, concussions, comas, paralysis, traumatic brain injuries and many other debilitating injuries for which long-term care is needed. More often than not, these accidents are the direct result of the negligence of others, including but not limited, carelessness or neglect, faulty construction equipment, defective products or machines, inadequate safety or equipment; improper or inadequate training and, of course, negligent or reckless co-workers.
In many cases, an injured construction worker will be limited, by law, to receiving only workers’ compensation for their construction injuries. Generally speaking, this restriction arises when the worker was injured on the job while performing some activity within the scope of his employment, and the person or object (equipment or machine) causing the injury was also operating within the course of the employment. For these cases, a worker’s compensation attorney is vital to ensuring the injured worker receives all of the necessary medical care and other benefits to restore the injured worker back to his pre-injury state or condition (as best as that can be achieved).
However, in many other cases, workers may have other legal remedies which can be pursued against individuals or entities other than their employer. In those instances, an injured construction worker may be able to recover damages for any partial or permanent disability suffered in an accident from any outside, or “third party” who is completely or even partially responsible for causing the construction worker’s injuries. This type of civil action is based upon traditional theories of legal negligence and product liability. In other words, if a worker is hurt due to factors other than job safety, such as defective tools or equipment or perhaps a third-party motorist on the roadway, the injured worker may be entitled to compensation from the manufacturer of the defective tools or equipment, or the driver and/or owner of the offending vehicle. Construction accident victims may also be able to recover damages from the owner of a worksite or the general contractor in charge of all of the work being performed at the worksite. In that case, the responsible party might be held liable for not only the victim’s pain and suffering, but for the victim’s past and future medical bills, lost wages and lost enjoyment of life.
At the Law Office of Todd Drayton, we understand that any number of entities could potentially be liable for a construction worker’s accidents. That is why we take a “hands on” approach with these cases and immediately begin an extensive investigation into the world of potentially culpable parties. Indeed, before suit is ever commenced, we subpoena voluminous construction records and permits; interview numerous witness (not just our own clients); and we always seek to identify the construction site owner; all architects and engineering professionals associated with the project; all contractors; all subcontractors; all trades; all construction managers; and the manufacturers of all construction machinery or equipment used at the worksite.
Moreover, we painstakingly parse through every report and comb all of the facts to evaluate whether or not there are any OSHA violations, which can be key evidence of negligence on the part of a potential defendant.
If you, a friend or a loved one has been injured in a construction accident, contact us immediately. Our firm is wholly dedicated to helping those who have been injured by the wrongful conduct of others. With zeal, experience, commitment and a long tradition of excellence in providing top notch legal representation for the injured, the Law Office of Todd Drayton will fight for a just resolution on your behalf – whenever unexpected workplace accidents occur.
