Who Can be Held Liable for a Fall Accident on a Construction Site?
Falls are one of the leading contributors to construction-related injuries, which are typically covered under workers’ compensation laws. However, depending on what caused the accident, it may be necessary to file a third-party lawsuit. The construction industry is one of the most dangerous industries in the U.S. and falls contribute to more deaths than any other causes. Many people believe that they will receive the help they deserve through workers’ compensation but sadly this is not always the case. There are limitations in certain circumstances, which means that a lawsuit may be absolutely necessary.
Common Causes of Falls on Construction Sites
There are many leading causes of falls on a construction site including unprotected sides, wall openings, and holes in floors. Protective devices must always be used on a construction site so that workers are not injured – or worse killed – due to these accidents. These include:
- Improper Construction of the Scaffolding: Scaffolding is only temporary by nature when it comes to construction. However, due to the fact that scaffolds lead to some of the most severe injuries and deaths in the construction industry, employers are expected to take special precautions and keep these areas safe from harm. Scaffolds should always be constructed by the directions of the manufacturer to ensure that they are most stable.
- Unguarded Rebar: Unguarded steel rebar doesn’t necessarily cause falls, but it does cause more severe fall injuries that would have otherwise been minor. If a person falls on rebar, they could be killed in the blink of an eye. It is important that rebar is implemented in the safest way possible to protect workers.
- Portable Ladder Misuse: Ladders are misused daily in construction zones, which is why they are one of the leading causes of falls. If a job cannot be completed safely on a ladder, then the job should be conducted in some other way.
Lawsuits Stemming from Fall-Related Injuries
Most fall injury cases will be governed by the workers’ compensation system. However, there are some occasions where a lawsuit is necessary, such as outright recklessness by the employer or in the case of manufacturing defects. In these cases, a plaintiff must be able to show that the negligent party did not abide by their duty of care to keep the worker safe from harm. Laws can be entirely complex and vary from state to state. Any party who provided ladders or scaffolding to you has a duty to ensure that these forms of equipment are safe.
OSHA has been established to protect workers from harm, as well. Employers are expected to abide by safety rules so that employees are protected at all costs. If you have been injured in a construction accident and believe that one of these rules or regulations was broken, you likely have a claim for compensation through a lawsuit. It is important to speak with an attorney who has handled claims like these in the past.
Contact a Nutley Personal Injury Lawyer to Discuss Your Construction Accident Case in New Jersey
Did you or a loved one sustain serious injuries due to a construction accident in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Birkhold & Maider, LLC represent clients injured because of a construction accident in Nutley, Hamilton, and throughout New Jersey. Call (973) 784-8630 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 189 Franklin Avenue, Suite 1, Nutley, as well as offices in Hamilton.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
