Construction work is dangerous duty. The threats of painful accidents and life-changing injuries follow workers around the clock.
In Nebraska and Iowa, construction workers are seriously injured on the job every day in workplace accidents — from causes such as falling debris, heavy machinery falls from great heights and in areas where safety regulations are ignored, among others.
In Omaha, the full-service workers' compensation law attorneys of Andres Law Offices, PC LLO, aggressively represent the interests of construction employees who are injured on the job. In the many years of our skilled lawyers' experience with investigating and advocating for workplace accident claims, we have made a positive difference in the lives of these workers and their families.
Our law firm excels at negotiating with construction employers' insurers after a worker's lifting injury, injury caused by malfunctioning heavy machinery, contact with falling objects or trucking accident victimizing a driver of a company vehicle.
Were you hauling construction materials when a careless motorist struck you? Did you slip and fall at your construction site, and now find yourself in a hospital, without wages and facing an uncertain future?
Andres Law Offices, PC LLO, is your source of strength and confidence, and the facts you need throughout the legal process of obtaining disability benefits, medical benefits and — if a transition to another profession is necessary — vocational rehabilitation benefits. Our legal team and staff are dedicated to supporting all construction workers with their recoveries from injuries to the head, back, neck, hip, knee and shoulder.
Employers and insurance companies everywhere do whatever they can to avoid delivering justice to injured workers — especially those who suffer catastrophic injuries on construction sites. Your representative should level the playing field for you, in discussions about the benefits you deserve and in court, if necessary. When your lost wages and medical bills are being ignored by those you work for, contact us to arrange your free initial consultation.
Common Causes of Accidents on Construction Sites
Construction sites are very dangerous places. Construction workers know the dangers they face on the job, as there are many different causes of construction accidents. The most common of these are as follows:
- Slips, trips, and falls: The most common type of accident on construction sites are slip and falls. Loose wires, faulty scaffolding, and a failure to abide by safety regulations can all result in a slip and fall accident. Construction workers also work in unfinished or partly demolished buildings and structures, which make falls from great heights likely. These falls in particular are very serious.
- Industrial vehicle accidents: There are multiple large industrial vehicles on construction sites. These can hit or run over construction workers and pedestrians in the nearby area. Additionally, many of these vehicles carry heavy loads of materials or debris. When they are not operated properly, workers can become smothered as the cargo is unloaded.
- Electrocutions:Electrocutions are very common on construction sites. Construction sites often have live wires running through them and even the slightest mistake can leave them exposed, resulting in an electrocution.
- Struck by objects: Construction work often takes place on different levels, placing those in lower levels at risk of being struck by an object. For example, workers on scaffolding may drop a hammer or wrench, and it strikes a worker who is working on the ground.
Determining Liability for a Construction Accident
Just like after any other type of accident, workers can claim financial compensation after suffering injury in a construction accident. A construction accident will result in devastating injuries and workers will incur high medical bills and they will likely have to take some time off from work. In the most severe cases, construction workers cannot return to the same line of work in the future. Workers deserve compensation that will make up for these losses. How they receive it will depend on the cause of their injury.
Although there are many different causes of construction accidents, the vast majority of them are caused by another person’s negligence. In the majority of cases, when the person that caused your injury was related to your employer, such as a co-worker, you must file a workers’ compensation claim. Through a workers’ compensation claim, you can obtain benefits for your medical expenses, and total and partial disability benefits for lost income, and vocational rehabilitation benefits. When a worker passes away from a construction accident, their loved ones can claim death benefits.
When an accident was caused by a third party, unrelated to the employer, you can file a personal injury claim against the negligent party. For example, if you were hurt by a piece of defective equipment, you can file a lawsuit against the manufacturer of the faulty equipment. Through a personal injury claim, you can obtain different types of compensation that are not available in workers’ compensation cases, including pain and suffering. In limited circumstances, such as when an employer was responsible for maintaining equipment and they did not, you may be able to sue your employer.
Frequently Asked Questions
Q: What Kind of Injuries are the Most Common at Construction Sites?
A: Construction has one of the highest rates of injury of almost any industry. Some common types of injuries that workers sustain at construction sites include bone fractures, burns, muscle strain injuries from heavy lifting, concussions, and spinal cord injuries.
Q: What Can Employers Do to Prevent Construction Accidents?
A: Employers can prevent many workplace accidents at construction sites by ensuring that heavy items are secured, and that equipment undergoes regular maintenance. They should also provide employees with adequate protective gear and safety training; depending on the task, employees might require protective suits, boots, goggles, helmets, or safety harnesses. The workplace should comply with regulations set by the Occupational Safety and Health Administration (OSHA).
Q: Which Company is Responsible for Paying for My Workers’ Compensation Claim?
A: Sometimes more than one company participates in a construction project. The default answer is that you should file your workers’ compensation claim with the company that issues your paychecks. If your employer is participating in the project as a subcontractor, and your employer does not have workers’ compensation insurance, you can file a workers’ compensation claim with the general contractor that hired your employer as a subcontractor. In the context of workers’ compensation law, this general contractor counts as your statutory employer.
Q: What Should I Do if the Workers’ Compensation Doctor Says That My Injuries are Not Related to the Work Accident?
A: One of the most common sources of workers’ compensation disputes is when the workers’ compensation doctor says that your injuries are from an old injury; many construction workers have gotten injured in more than one work accident in the course of their careers. This scenario is especially common since workers’ compensation doctors are ultimately getting paid by your employer, so they have an incentive to help your employer pay as little as possible for your treatment. If you and the original workers’ compensation doctor disagree about the cause of your injuries, you have the right to request a second opinion and to change your treating physician, but you can only do this once within the life cycle of your workers’ compensation claim. In some cases, you also have the right to request an opinion from an independent medical examiner, who does not provide treatment but just gives their opinion in order to resolve disagreements about the causes of your injuries.
Q: Can Your Employer Fire You for Filing a Workers’ Compensation Claim?
A: Filing workers’ compensation claims in relation to accidental injuries on the job is a legally protected activity, according to federal and state employment laws. This means that your employer does not have the right to take adverse actions against you in retaliation for filing a workers’ compensation claim. Examples of employer retaliation include termination of employment, workplace harassment, demotion, reduction in pay, and reassigning you to undesirable work schedules and work locations. Reporting safety hazards at your workplace to OSHA is also a legally protected activity.
Construction Accidents Lawyers Who Protect Your Rights
In Nebraska and Iowa, the number to call is 402-491-4003. We will also respond promptly to your email message. Home and hospital visits are available upon request. Our workers' compensation law firm's contingency fee policy means you owe no attorney fee unless we obtain benefits for you.