Construction Accident Injury Attorneys in WV
Construction accidents are distinct by nature of the OSHA (Occupational Safety and Health Administration) regulations that construction contractors must adhere to. When a fall from a roof occurs due to lack of fall protection, or when bad scaffolding or ladders result in spinal cord injury or death to construction workers, the question of employer negligence comes into play. If you have been injured in any construction accident, including ones related to heavy equipment and highway or road construction, it is important to speak with an experienced workplace injury lawyer to discuss your legal rights and options.
At Bailey, Javins & Carter, we have over four decades of experience successfully representing workers who have been injured or the families of workers who have been killed in construction site accidents. Our lawyers have extensive knowledge of this area of the law, and we have a proven track record standing up for working people against major players in some of the most powerful industries. We are not intimidated by well-funded adversaries and their vast resources, and we fight hard to recover every dollar of compensation our clients need and deserve.
Construction Accidents in West Virginia
Navigating the aftermath of a construction accident injury in West Virginia can be complex and confusing, especially when considering whether you can take legal action against your employer.
While the immediate aftermath involves seeking medical attention and reporting the incident, understanding your rights and the potential avenues for compensation is essentail for ensuring financial stability and recovery.
Construction ranks among the most hazardous professions globally, a reality underscored by the unique and pervasive dangers workers face daily.
Unlike many other industries, construction sites are dynamic environments characterized by working at significant heights, operating heavy machinery in close quarters, and the constant presence of evolving structural elements.
This inherent complexity necessitates a heightened awareness of potential risks and robust safety protocols to protect the lives and well-being of those building our infrastructure. The statistics are stark: according to the Occupational Safety and Health Administration (OSHA), over 20% of all work-related fatalities in the United States occur within the construction sector, a disproportionately high number that highlights the critical need to address safety deficiencies.
The reasons behind these grim statistics are multifaceted, stemming from a combination of environmental factors, human error, and the very nature of the work. While a wide array of potential hazards exists, OSHA has identified four consistently leading causes of fatalities in construction, collectively known as the “Fatal Four.” These four types of accidents are responsible for a staggering percentage of construction worker deaths, making their understanding and prevention paramount.
The Fatal Four: A Closer Look
The “Fatal Four” – Falls, Struck by Objects, Electrocutions, and Caught In-Between – represent the most significant threats to construction worker safety. Addressing these four areas with rigorous training, proper equipment, and strict adherence to safety regulations could dramatically reduce the number of preventable deaths and serious injuries in the industry.
1. Falls: The Leading Killer
Falls are unequivocally the number one cause of death and serious injury in the construction industry. The elevated nature of much construction work, whether on scaffolding, roofs, ladders, or structural steel, inherently increases the risk of a significant fall. These incidents often result in catastrophic injuries or fatalities due to the distances involved.
Several factors contribute to the prevalence of falls. Unprotected edges and openings on elevated platforms or in structures pose a direct and obvious hazard. A moment of inattention or misstep near an unguarded edge can have fatal consequences. Improperly erected or maintained scaffolding is another major culprit. Scaffolding must be assembled according to strict specifications and regularly inspected to ensure its stability and weight-bearing capacity. Defects, such as missing planks, inadequate bracing, or unstable foundations, can lead to sudden collapses. Similarly, the improper use of ladders, including using damaged ladders, placing them on unstable surfaces, or overreaching, significantly increases the risk of falling.
Beyond these structural issues, poor housekeeping on a construction site can also contribute to falls. Slippery surfaces caused by spills, rain, or mud, as well as obstructions like tools, materials, and debris left in walkways or on elevated platforms, create tripping hazards that can easily lead to a loss of balance and a fall.
Preventing falls requires a multi-pronged approach. Fall protection systems are critical and their proper use must be non-negotiable. This includes personal fall arrest systems (PFAS), which involve a harness, lanyard, and anchor point designed to stop a fall before the worker hits a lower level. Guardrails and safety nets should be installed around elevated edges and openings to prevent falls from occurring in the first place. Regular inspections of all working surfaces, scaffolding, and ladders are essential to identify and rectify potential hazards before they lead to an accident. Furthermore, comprehensive training on fall hazards and the correct use of fall protection equipment is vital for all workers who operate at heights.
2. Struck by Objects: The Danger from Above and Around
Construction sites are dynamic environments where materials, tools, and equipment are constantly being moved, hoisted, and utilized at various levels. This creates a significant risk of workers being struck by falling objects from above or by moving equipment and vehicles on the ground.
Falling objects can range from small hand tools and construction materials like bricks or lumber to larger items such as structural components or debris. When working on multi-story buildings, the risk of something being dropped or dislodged from an upper level is ever-present. The impact of even a small object falling from a significant height can cause serious head injuries, concussions, or even fatalities.
Beyond falling objects, workers are also at risk of being struck by swinging loads being moved by cranes or other lifting equipment, or by objects ejected from power tools like saws or nail guns. On the ground level, the movement of heavy machinery, trucks, and other vehicles poses a significant “struck by” hazard. Workers can be struck by vehicles while walking through the site, working near blind spots, or when vehicles are backing up.
Mitigating “struck by” hazards involves several key strategies. Establishing “controlled access zones” around areas where overhead work is being performed or where heavy lifting is taking place can prevent unauthorized personnel from entering dangerous areas. The use of toeboards and debris netting on elevated platforms can help contain falling objects. Proper rigging and securing of loads being lifted are crucial to prevent them from shifting or dropping. On the ground, implementing traffic control plans, using spotters when vehicles are backing up, and ensuring workers wear high-visibility clothing can reduce the risk of vehicle-related “struck by” incidents. Head protection, in the form of hard hats, is essential personal protective equipment (PPE) for all construction workers to minimize the severity of head injuries from falling objects.
3. Electrocutions: The Invisible Threat
Electricity is an essential but highly dangerous element on construction sites. Workers frequently encounter temporary wiring, unfinished electrical systems, and overhead power lines. Contact with energized sources can lead to severe burns, electric shock, and fatal electrocution.
Electrocution hazards arise from various sources. Damaged or improperly installed temporary wiring can expose live wires. Working on or near existing electrical systems in renovation or demolition projects without proper lockout/tagout procedures can lead to accidental contact with energized circuits. Overhead power lines are a significant and often underestimated risk, particularly when operating cranes, scaffolding, or other tall equipment. Even being in close proximity to high-voltage lines can be dangerous due to the potential for arc flashes.
Preventing electrocutions requires strict adherence to electrical safety protocols. All temporary electrical systems must be installed and maintained by qualified electricians. Before any work begins, the location of all overhead and underground power lines must be identified and clearly marked. A safe distance must be maintained from overhead power lines, and if work must be done in their vicinity, the power should be de-energized if possible. Lockout/tagout procedures are essential when working on existing electrical systems to ensure that the power is off and cannot be accidentally turned back on. Ground-fault circuit interrupters (GFCIs) should be used on all temporary power sources to provide a safety shut-off in case of a ground fault. Workers must be trained to recognize electrical hazards and understand the importance of maintaining a safe distance from energized equipment and lines.
4. Caught In-Between: The Crushing Danger
Caught-in or -between accidents occur when a worker is squeezed, crushed, or trapped between two objects or between a moving object and a stationary one. These incidents can result in severe crushing injuries, amputations, and fatalities.
Common scenarios for caught-in/between accidents include working in trenches or excavations that collapse, trapping workers in the soil. These collapses can happen rapidly and without warning if the trench is not properly shored, sloped, or protected by a trench box. Another common situation is being caught between heavy machinery, such as being pinned between a piece of equipment and a wall or other structure, or being caught in the moving parts of machinery that lacks adequate guards. Working near conveyor belts, presses, or other automated equipment without proper safety procedures and machine guarding also presents a significant caught-in hazard.
Preventing caught-in/between accidents requires careful planning and execution of work activities. When working in trenches, protective systems like shoring, sloping, or trench boxes are mandatory for excavations five feet or deeper, and often needed in shallower trenches depending on soil conditions. Equipment operators must be properly trained and aware of their surroundings, and workers on foot must maintain a safe distance from operating machinery and avoid being in blind spots or swing radii. Machine guards on equipment should never be removed or bypassed, and regular inspections should ensure they are in place and functioning correctly. Lockout/tagout procedures are also critical when performing maintenance or repairs on machinery to prevent unexpected startup.
Beyond the Fatal Four: Other Significant Hazards
While the “Fatal Four” account for a majority of construction fatalities, other hazards also contribute significantly to injuries and deaths on construction sites. Understanding and mitigating these risks is crucial for comprehensive construction site safety.
Overexertion
Construction work is physically demanding, often involving heavy lifting, repetitive motions, and awkward postures. These activities can lead to musculoskeletal disorders, sprains, strains, and other overexertion injuries. Factors such as working at a fast pace, inadequate rest breaks, and improper lifting techniques increase the risk. Implementing ergonomic principles, providing training on proper lifting techniques, encouraging rest breaks, and utilizing mechanical aids for heavy loads can help reduce overexertion injuries.
Fires and Explosions
Construction sites often contain flammable materials, temporary power sources, and “hot work” activities like welding and cutting, all of which can be ignition sources for fires and explosions. Leaking fuel from machinery, improper storage of flammable liquids, and faulty electrical wiring are common causes. Fires and explosions can result in severe burns, respiratory injuries from smoke inhalation, and structural collapse. Fire prevention plans, including proper storage of flammable materials, regular inspection of electrical systems, controlled procedures for hot work, and readily available fire extinguishers, are essential.
Equipment Accidents
The use of heavy equipment like cranes, excavators, bulldozers, and forklifts is integral to construction but also poses significant risks. Accidents can occur due to operator error, equipment malfunction, improper maintenance, or inadequate training. These accidents can lead to rollovers, collisions, being struck by moving parts, and crushing injuries. Proper operator training and certification, regular equipment maintenance and inspection, and clear communication and site organization are vital for preventing equipment accidents.
Struck by Vehicles
While related to the “struck by” category of the Fatal Four, being struck by vehicles on construction sites warrants specific attention due to the volume of vehicle traffic, including delivery trucks, dump trucks, and worker vehicles. Poor visibility, lack of designated traffic routes, and inadequate separation of pedestrian and vehicle traffic contribute to these accidents. Implementing traffic control plans, creating designated walkways, ensuring workers wear high-visibility clothing, and using flaggers when necessary are crucial preventative measures.
Exposure to Toxic Substances
Construction activities, particularly renovation and demolition of older structures, can expose workers to hazardous materials that were commonly used in the past but are now known to be toxic. Asbestos, found in insulation, roofing, and other building materials, can cause severe respiratory diseases, including mesothelioma, years after exposure.
Lead-based paint, common in older buildings, can lead to lead poisoning with neurological and other health effects. Silica dust, generated from cutting or grinding concrete and masonry, can cause silicosis, a debilitating lung disease.
Other potential exposures include mold, chemicals in adhesives, solvents, and finishes, and hazardous waste. Proper identification of hazardous materials before work begins, containment procedures, ventilation, and the use of appropriate respiratory protection and other PPE are essential to prevent exposure to toxic substances.
Specific Hazards of Demolition Sites
Demolition sites present a unique set of challenges and amplified hazards compared to new construction. The process of dismantling existing structures introduces unpredictability and exposes workers to dangers that may be hidden or unknown.
Unknown Dangers from Modified Structures
One of the most significant risks in demolition is encountering structures that have been modified over time in ways that are not documented or readily apparent. Unapproved alterations, hidden structural weaknesses, or unexpected building materials can lead to unpredictable collapses or structural failures during the demolition process. An engineering survey conducted by a competent person is crucial before any demolition work begins to assess the structure’s condition, identify potential hazards, and develop a safe demolition plan.
Exposure to Toxic Substances
As mentioned earlier, older buildings are particularly likely to contain hazardous materials like asbestos, lead, and other chemicals. Demolition activities can disturb these materials, releasing dangerous fibers or particles into the air, posing a significant inhalation risk to workers and potentially impacting the surrounding community. Thorough surveys for hazardous materials must be conducted before demolition starts, and if found, specialized procedures for abatement and disposal must be implemented by trained personnel using appropriate containment and respiratory protection.
Flash Fires and Explosions
While fires and explosions are a risk on any construction site, demolition can increase the likelihood and severity. Undiscovered flammable materials within the structure, compromised fuel lines, or the release of combustible dust during demolition can create an environment ripe for ignition.
Hot work during demolition, such as cutting metal with torches, can easily spark a fire if not carefully controlled and monitored. While controlled explosions are sometimes used in demolition, a miscalculation or unforeseen circumstance can lead to uncontrolled blasts and flash fires, endangering workers and adjacent properties.
Rigorous fire prevention measures, including identifying and mitigating potential fuel sources, implementing strict hot work permits and procedures, and having emergency response plans in place, are critical on demolition sites.
Seeking Justice Through Third-Party Lawsuits in West Virginia
Even if you cannot sue your employer, a construction accident often involves the negligence or fault of parties other than your direct employer. These are known as “third parties,” and you can typically file a personal injury lawsuit against them. This is frequently the most critical avenue for injured construction workers to recover full compensation for their losses, and West Virginia construction injury attorneys can help identify these parties.
Construction sites are complex environments with multiple companies and individuals working alongside each other. Potential third parties who could be held liable for an accident include:
Other Subcontractors
If an employee of a different subcontractor on the same site caused your injury through their negligence.
General Contractors
Depending on their level of control over the worksite and whether their negligence in managing safety contributed to the accident.
Property Owners
If the accident was caused by a dangerous condition on the property that the owner knew about or should have known about and failed to fix.
Architects or Engineers
If the accident resulted from a design defect in the structure or a faulty plan.
Manufacturers or Distributors
If the accident was caused by defective equipment, tools, or materials used on the site. This falls under product liability law.
Drivers
If a vehicle driver (not employed by your company) caused an accident that injured you on or near the construction site.
A third-party lawsuit allows injured workers and their families to seek a broader range of damages than those available through workers’ compensation. Experienced construction injury attorneys are essential for pursuing these claims.
The Benefits of a Third-Party Claim
Pursuing a third-party lawsuit can be immensely beneficial for several reasons:
Full Financial Recovery
Unlike workers’ compensation, which typically only covers medical bills and a portion of lost wages, a successful third-party lawsuit can provide compensation for all your economic losses. This includes past and future medical expenses (including rehabilitation and long-term care), past and future lost wages, and loss of future earning capacity if your injury prevents you from returning to your previous line of work. Construction injury lawyers in West Virginia can help fight for your full recovery.
Compensation for Non-Economic Damages
A significant advantage of a personal injury lawsuit is the ability to recover damages for non-economic losses. These are intangible losses that significantly impact your quality of life but don’t have a direct monetary value. They include:
Pain and Suffering
Compensation for the physical pain and emotional distress caused by the injury and its treatment.
Psychological Distress
Damages for conditions like anxiety, depression, PTSD, or other mental health impacts resulting from the traumatic accident.
Loss of Consortium
Compensation for the negative impact of the injury on your relationship with your spouse or family members.
Loss of Enjoyment of Life
Damages for the inability to participate in hobbies, activities, and daily life functions you enjoyed before the injury.
Punitive Damages
In rare cases, if the third party’s conduct was particularly reckless, malicious, or egregious, a court may award punitive damages. These are not intended to compensate the victim but rather to punish the wrongdoer and deter similar behavior in the future.
Navigating the Legal Process
It is important to understand that pursuing both a workers’ compensation claim and a third-party lawsuit simultaneously is often possible and advisable. However, these two legal processes interact in complex ways. For instance, the workers’ compensation insurer may have a right of subrogation, meaning they can seek reimbursement from any settlement or judgment you receive from a third party for the benefits they have paid out. Construction injury attorneys in West Virginia can help manage these interactions.
Given the complexities of both workers’ compensation laws and personal injury litigation, consulting with construction injury attorneys specializing in construction accidents is paramount. An attorney can:
- Evaluate your case to determine if you have a valid workers’ compensation claim and identify all potential third parties who may be liable.
- Investigate the accident thoroughly, gathering evidence such as accident reports, witness statements, photographs, video footage, and safety records.
- Navigate the intricacies of the workers’ compensation system while simultaneously pursuing a third-party claim.
- Negotiate with insurance companies and defense attorneys.
- Represent you in court if a settlement cannot be reached.
Can You Sue an Employer for a Construction Accident Injury?
The answer to this question is, usually not. Most of the time, you would not be able to bring a personal injury lawsuit against an employer if you qualify for workers’ compensation benefits. However, there are some limited circumstances in which a personal injury action may be possible under the legal theory known as “deliberate intent”. In other words, if it can be shown that the deliberate actions of your employer caused the injury, then you may have a chance with this type of lawsuit. Deliberate intent cases are very difficult to win, however, and you must always be sure to work with an attorney who has successfully pursued cases like these before.
OSHA Regulation Violations May be a Contributing Factor in Construction Injuries
A prompt investigation may reveal that basic OSHA regulations were not followed at the job site.
Lack of handrails leading to roofing accidents or failure to follow safety procedures for any type of heavy equipment or work site circumstance as specified by OSHA may mean that a contractor or a supervisor failed to perform his or her job correctly. On the other hand, mining accidents involving forklifts may have been caused by a manufacturing defect. The sooner a lawyer is involved in an investigation into a catastrophic or fatal accident, the more likely it is that a victim will be well-positioned to receive maximum available compensation.
After a construction accident, it is nearly certain that employers will have their own attorneys whose sole job is to limit the liability of responsible parties. An injured worker likewise needs his or her own advocate to ensure that his or her rights are protected, and that all rightful compensation is paid — whether through workers’ compensation or through lawsuits involving manufacturers or subcontractors.
Contact an Effective Workplace Accident Attorney
If you were injured or lost a family member in a fatal construction accident, contact Bailey, Javins & Carter to schedule a free initial consultation and case assessment. We will meet with you to thoroughly review your case and let you know what your legal options are.
We work on a contingent fee basis. We do not get paid unless you do.
