Fault in Construction Accidents

Construction zones are fundamentally dangerous places to work.

Construction sites expose workers to hazards like climbing scaffolding, operating heavy machinery, handling toxic chemicals, and working with power tools.

Even though many laws and regulations exist to protect construction workers, construction accidents happen frequently. 

Injuries from a job site accident can severely impact workers and their families. Construction injuries can be physically debilitating and have significant financial impacts if you have high medical bills or can’t work. 

If you’ve been injured on a construction site, you may be entitled to damages. Workers’ compensation may be an available avenue to recover compensation. But it might only cover part of the total costs incurred.

Determining who is liable for construction accident damages is essential to help you get maximum compensation. An experienced attorney can review your case and help determine if you can seek damages through workers’ compensation or from an at-fault party.

What Are the Main Causes of Accidents in Construction?

Construction zones are inherently dangerous and lead to a number of different injuries. Some of the main causes of accidents in construction include:

  • Slips and falls,
  • Exposure to harmful chemicals or substances,
  • Contact with objects or equipment,
  • Overexertion,
  • Transportation accidents,
  • Defective or unsafe products or equipment,
  • Fires and explosions,
  • Electrocution.

Some injuries may be minor, but more severe injuries sustained from these common construction accidents could require hospitalization, surgery, long-term care, physical therapy, medication, or daily living support. 

Workers’ Compensation 

Both Missouri and Arkansas generally require that employers of construction workers carry workers’ compensation insurance for when a construction worker is injured on the job. These are no-fault compensation laws designed to provide prompt, automatic benefits to workers injured on the job.

The employee only needs to show that they were injured in the scope of employment. The insurance may cover reasonably necessary medical care and lost wages at no cost to the employee. 

If a construction worker is injured, they must notify the employer immediately of the accident. Written notice should include the date, time, place, nature of the injury, and the name and contact information of the person injured. The employer must then report the injury to its insurance company. 

Once the employee has approval from the employer and their insurance company, they can visit the doctor approved by the employer. It is key to fully cooperate with the employer and the state’s Workers’ Compensation Commission.

Based on the information received from the doctor, the employee may then be entitled to benefits to cover hospital visits, physical therapy, prescription drugs, medical equipment, surgery, etc. Workers’ compensation may lead to obtaining disability benefits. Lost wages may also be available if the employee cannot work due to injury.

Workers’ compensation law is complicated and includes a lot of paperwork and deadlines. In addition, the employee may face challenges with the claim. For example, the employer may claim the employee is not entitled to the coverage and benefits because they are an independent contractor. The employer could also contend:

  • The injury happened outside the scope of employment;
  • The injury is preexisting;
  • The claimant didn’t report the incident timely or failed to complete the paperwork properly; or
  • Drugs or alcohol were contributing factors to the accident.

If the employer can prove these claims, a workers’ compensation claim may be denied. An experienced workers’ compensation attorney can defend against these claims and advocate on the employee’s behalf to secure appropriate compensation. 

Determining Third-Party Liability

Workers’ compensation may not cover all of your costs related to your work-related injury. And if your employer has workers’ compensation insurance, you may be unable to file a personal injury suit.

However, if a third party played a role in the construction accident or if the employer doesn’t have workers’ compensation insurance, you may be able to file a personal injury lawsuit against them based on negligence, contractual obligations, or legal responsibility.

Such a lawsuit may help you collect compensation for pain, suffering, and other losses not addressed by workers’ compensation.

It may be complicated to determine who is responsible for contractor injuries. Some actors that might be liable for a job site accident include:

  • General contractor,
  • Subcontractors,
  • Property owner,
  • Architects or engineers,
  • Manufacturers and suppliers,
  • Equipment companies,
  • Safety managers, and
  • Supervisors.

These various actors could share liability or be held solely responsible for your injuries. An attorney can investigate liability by reviewing evidence, witness statements, and incident reports for details showing the injury was caused by negligence or a breach of duty.

Contact The Cottrell Law Office About Your Construction Accident 

If you suffered an injury on the construction site, contact The Cottrell Law Office about your legal options to recover compensation. There are vital deadlines to comply with, so reach out to our office immediately for guidance on your case.

Wesley Cottrell has served workers’ compensation and personal injury clients for nearly 32 years. He has successfully recovered millions of dollars in workers’ compensation claims for his clients in Arkansas and Missouri.

Wesley possesses a keen understanding of workers’ compensation and personal injury law and will fight to protect your rights and obtain the damages you deserve. Contact The Cottrell Law Office today to learn more about determining liability and pursuing damages for your injuries and lost wages.

Author Photo

Wesley Cottrell

Wes Cottrell earned his B.A. from Pittsburg State University in 1981 and his J.D. from the Washburn University School of Law in Topeka, Kansas in 1985. He was admitted to practice law in Kansas in 1986, in Missouri in 1987, in Arkansas in 1989, and Oklahoma in 1993. He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.

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