Construction Accidents (OSHA)

Construction sites are among the most dangerous places for individuals to work. Each year, tens of thousands of workers are injured or killed in construction accidents throughout the nation. Workers on construction sites are subjected to numerous hazards on a daily basis, and it is the responsibility of the employer to ensure a safe work environment. When the employer fails to live up to their responsibility and injuries or fatalities occur, they must be held responsible.

At Bailey, Javins, and Carter, LC, we have been standing up for the working people of West Virginia for over four decades. We have successfully represented numerous workplace injury victims, including those injured on construction sites. We know that construction accident injury victims are going through a lot physically, emotionally, and financially, and we do everything possible to make the legal process smooth and seamless.

Our firm has been nationally recognized with top ratings from Martindale Hubbell, Super Lawyers, and the Million Dollar Advocates forum. We are strong negotiators and skilled litigators, and we fight hard to ensure that our clients receive full compensation, and that those responsible for their injuries are held fully accountable. Our tireless commitment to our clients gives them reassurance knowing they have a seasoned representative in their corner advocating aggressively for their rights and interests.

Common Construction Accident Cases in West Virginia

Construction workers typically work around heavy machinery, dangerous tools, and in high places. At the same time, employers often try to cut corners by not implementing proper safety standards. This can lead to a wide range of accidents, some of the most common include:

  • Slips and Falls: Because many workers on construction sites are in elevated locations such as on roofs or on the sides of tall buildings, they are highly susceptible to slipping and falling. In fact, according to the U.S. Department of Labor, falls account for about 40% of all construction site fatalities.
  • Ladder/Scaffolding Accidents: One of the most common ways workers fall at a construction site is when they slip off a ladder or scaffold. Falling any significant distance from a ladder or scaffold can cause severe injury. This may be the result of poor placement or in some cases, faulty product design.
  • Being Struck or Crushed by Falling Objects: Approximately one out of 10 construction accidents is the result of someone being struck or crushed by a falling object. Workers are supposed to wear hard hats to protect them from falling debris, but this is not always enough to keep them from being injured, especially if they are struck by a larger object (such as a beam).
  • Machinery Accidents: Cranes, hoists, tractors, and other types of heavy machinery can be very dangerous, especially when it is operated carelessly. Sometimes, this is the result of negligence or recklessness on the part of the user. Other times, machinery accidents are the result of a faulty equipment.
  • Electrical Accidents: On most construction sites, there is a lot of electrical wiring being done. Unfortunately, workers sometimes inadvertently run into this wiring while doing their jobs, causing electrocutions and other types of electrical accidents.
  • Fires and Explosions: Electrical accidents and other mishaps sometimes cause fires and explosions. This can result in severe burns and other serious injuries.
  • Exposure to Toxic Substances: Many construction sites contain toxic and hazardous substances. When workers are exposed to toxic substances on the job, it can lead to serious illnesses and in some cases, wrongful death.
  • Structural Collapses: While not as common as many other types of construction accidents, structure collapses do happen, often because of negligence on the part of one or multiple parties. When this occurs, it can result in multiple workers being seriously injured or killed.
  • Vehicle Accidents: Construction workers typically drive large trucks and other vehicles to bring in materials and to move them around the job site. When workers and subcontractors do not drive safely and/or there is a mechanical or vehicle part defect, there is a higher likelihood of accidents occurring.

How Do I Pursue a Claim in a West Virginia Construction Accident Case?

Workers injured on a construction site have several potential legal options, depending on the specific circumstances of the case. They are:

  • Workers’ Compensation: If you work for an employee who carries workers’ compensation insurance, the first step is to file a workers’ comp claim. Workers’ compensation covers medical expenses, two-thirds of your wages, and rehabilitation costs. Additional compensation may also be available for permanent injuries.
  • No Workers’ Compensation Insurance: If your employer does not carry workers’ compensation insurance, you may be able to sue your employer directly for compensatory damages.
  • Deliberate Intent Claim: If an injured worker can prove that their employer deliberately intended to harm them, they may be able to file a deliberate intent claim above and beyond workers’ compensation. Deliberate intent claims are complex and challenging to prove, however. If you go this route, be sure to obtain representation from an attorney who has extensive experience in and in-depth knowledge of this area of the law.
  • Third-Party Personal Injury Claim: Third-party subcontractors are common on construction sites. If your injury is the result of the negligence or recklessness of a party other than your employer, you may be able to file a personal injury claim against the responsible party.
  • Product Liability Claim: If your injury is the result of a defective product, you may be able to file a product liability claim against the product manufacturer, seller, and/or distributor.
  • Social Security Disability: Some construction site injuries result in a severe temporary or permanent disability. If this is the case, you may qualify for Social Security Disability benefits.

Speak with an Experienced West Virginia Construction Accident Attorney

Construction accident cases often result in serious injuries and fatalities. These types of cases can get very complicated, however, and you need the right attorney by your side to ensure your rights and interests are fully protected. At Bailey, Javins & Carter, we have a successful track record with workplace injury cases, and we work closely with clients to provide the skilled and personalized representation they deserve. If you or a loved one has been injured while working on a construction site, contact our office today at 800-497-0234 for a free, no-obligation consultation.