Construction Accident Attorneys Who Will Fight for Injured Workers
In 2019, 11.4 million American workers were on various job sites nationwide. In 2020, there were 11 million public and private sector construction industry workers. Any work accident can result in a workers’ compensation claim, opening the door for the injured worker to a maze of confusing forms, rules, regulations, and guidelines. The construction industry is the most notorious for injuries.
Falls are the leading cause of death in this industry and account for more than one in three deaths. There were 991 deaths documented in 2019. Of those, 401 were fatalities caused by falls to a lower level. Workers who died as a result of being hit by a vehicle or a falling object were 170, electrocution claimed the lives of 79, and being caught between objects while on the job resulted in 59 deaths.
At the Law Office of Jason M. Hatfield, we understand your confusion, and that’s why we help explain your legal rights, how to move forward with a claim, help you with that claim, and guide you through the maze to receive the benefits you deserve.
Types of Arkansas Construction Accidents
The types of accidents that can happen on a worksite can include:
- Arc flash/blast;
- Lack of protective gear;
- Crane accidents;
- Chemical spills;
- Collapsed trench;
- Falling objects, such as cranes, metal pieces, hammers, and beams;
- Falling from a higher level;
- Being crushed by a collapsed pipe or beam;
- Being crushed between two objects;
- Being run over;
- Falling materials;
- Exposure to toxic substances (example: asbestos);
- Falling from scaffolding;
- Equipment accidents;
- Extreme weather conditions causing heatstroke/frostbite; and
- Nail gun misfiring.
Types of Injuries Employees Can Sustain in an Arkansas Construction Accident
Workplace injuries can range from minor to severe and can include:
- Traumatic brain injury/Concussions;
- Internal organ damage;
- Crush injuries;
- Spinal cord injury;
- Respiratory distress;
- Post-traumatic stress disorder (PTSD);
- Shoulder injuries;
- Arm, wrist, knee, and ankle injuries;
- Internal organ damage;
- Severe cuts;
- Hearing loss;
- Lung issues due to exposure to toxic chemicals;
- Broken bones;
- Back and neck injuries;
- Severed limbs;
- Eye injuries leading to blindness;
- Stress injuries; and
- Heat exhaustion/heat stroke.
Depending on the severity of the injury and whether or not the employee can return to work, there may also be an option to take vocational training to change careers. Each case has its pitfalls and a different outcome. Just because two people may experience the same injury does not mean it affects them the same way, nor that they get the same benefits. This is something your workers’ compensation attorney at the Law Office of Jason M. Hatfield can discuss with you concerning your specific injuries and prognosis.
Who Is Responsible for an Arkansas Injury Obtained at a Construction Accident?
It is not always clear who may be liable for a construction site accident. If the employer carries workers’ compensation, they may be immune from personal injury lawsuits. That does not mean they may not be subjected to a personal injury lawsuit if actions that harmed a worker were intentional or egregious. It is more common in Arkansas to file a lawsuit against a third party rather than the employer – if a third party was involved in causing an accident that injured a worker.
A third-party personal injury lawsuit could involve:
- Prime Contractors – Contractors, are assigned specific tasks according to a written contract. A prime contractor could be held responsible only for work defined in the agreement or for any particular work delegated to subcontractors.
- General and Sub-contractors – These groups of individuals must provide workers with a safe construction site and the duty to warn of any onsite hazards.
- Architects and Engineers – These individuals may be held liable for injuries on a construction site. Professionals must observe the work progress and ensure the construction process strictly conforms to the plans.
- Manufacturers – If a defective product onsite causes an accident or injury, the manufacturer, retailer, and wholesaler may be liable for an injury.
- Construction Site Owners – There are cases where a person who owns the actual work site can be held liable for injuries. Whether this happens depends on the degree of control the owner has over the premises versus the degree of control over the work being done. The more distant the site owner is, the less likely they could be held liable for injuries.
Common Mistakes That Result in Arkansas Workplace Injuries
The most common watchword on any construction site is “safety.” It is paramount to follow safety regulations and rules. When those rules and regulations are not followed, accidents are inevitable.
Often, a workplace injury can be the result of defective equipment. Oftentimes equipment manufacturers provided confusing or ineffective instructions and warnings. Ineffective warnings and instructions often lead to preventable injuries.
Lack of warnings and instruction are more dangerous than ineffective warnings. This again can result in serious injuries, amputations, and fatalities. Equipment operators do not always receive adequate training by upper management when product manufacturers do not provide effective instructions and workers can be placed in dangerous work situations making them more susceptible to injury.
How To Prove Negligence Was a Leading Factor in Your Construction-Related Injury
Failing to receive proper warnings and instructions while operating dangerous equipment on a construction site is an accident waiting to happen. Construction crew members face a much higher risk of being killed at work if product manufacturers do not provide adequate instructions and warnings.
To prove that a product manufacturer is responsible for your injuries, our construction accident attorneys will look for opportunities of when negligence occurred:
- The product manufacturer owed a duty to warn and instruct the injured worker the proper use of the product;
- The product manufacturer failed to adequately warn and instruct the proper way to safely use the product;
- The worker was seriously injured due to the actions or inactions of the third-party product manufacturer, equipment supplier or the product leasing company; and
- The nature and the extent of the damages involved, which include medical bills, lost wages and permanency of the injuries.
Were you injured on an Arkansas construction site? Contact the Law Office of Jason M. Hatfield for experienced guidance during a difficult time. Our construction accident attorneys will assess your case and determine if you have a workers’ compensation claim, a personal injury claim, or both.
Contact the Law Office of Jason M. Hatfield to Schedule Your Free Consultation
Call us today for a free initial consultation and to find out what you can expect should you file a workers’ compensation claim or choose to file a personal injury lawsuit, depending on the circumstances of your case. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: (479) 361-3575.