Construction workers should not have to face death each time they go into work. Certain parties should ensure the safety of all individuals through proper oversights, and they are:
- Another worker
- City/govt. entity
- Construction company
- Manufacturer of tools/machinery
- Property owner
The Occupational Safety and Health Administration (OSHA) has listed the “fatal four” of construction work accidents as falls, electrocutions, “struck by object” and “caught in between” where the last two can result from collapsing structures. They reveal that 60 percent of all construction worker deaths are the result of these four types of accidents.
Legal Options for Those Injured by Construction
If you or a loved one have suffered a construction work accident, it is important to know the available means of compensation of which your circumstances will best be suited by. South Carolina is a state that abides by the “modified comparative negligence rule” in which the amount of available compensation is reduced by the percentage of fault you had in your own accident.
The defendant—whether it be an employer, company owner, or other third-party—may counter with your percentage of fault to deter liability on their part. If plaintiffs are discovered to be liable for more than 50 percent of the fault, no compensation may be recovered.
With that said, however, you can count on the construction accident attorneys of Hammack Law Firm to help determine how much liability you actually hold—if any—and secure your fair share of monetary compensation.
1. Workers’ Compensation
In many cases, workers in America that are injured on the job are covered by workers’ compensation, even without the consideration of negligence. Individuals may qualify for South Carolina construction workers’ compensation if a work-related injury results in medical costs.
Benefits of South Carolina’s workers’ compensation includes:
- Coverage for related medical treatment
- Two-thirds of compensable lost wages
- Care for permanent disabilities
- Funeral and burial costs
Keep in mind that workers’ compensation isn’t the only option at monetary compensation that you have.
2. Personal Injury Lawsuit
A personal injury lawsuit may be brought outside of the workers’ compensation claim for a lawsuit against an employer whose negligence caused the accident. If the plaintiff is pursuing legal action against some other party who caused the accident, then the workers’ compensation will not stand.
More compensation may be recovered in a personal injury lawsuit over a workers’ compensation claim. It is best to consult an attorney to decide which route of legal action best suits you.
3. Non-Worker Injuries
Contractors and managers may also be liable for the injuries caused to non-workers. Accidents can occur to pedestrians by falling debris, unbarricaded work sites, or other conditions that pose a threat to children and adults who pass by the site.
The liability of a contractor depends on the circumstances of the situation. Evidence of the danger that caused the accident needs to be brought about to hold the contractor accountable for non-worker injuries in a personal injury lawsuit.
4. Construction Defect Lawsuits
Sometimes an injury from construction occurs after all work has been put in and the site has been put away. After the completion of a project, if an individual suffers injury in part of faulty, defective, or ineffective construction, they may file a construction defect lawsuit.
For example, if a victim falls off a balcony due to a rail height that is too short for proper protection, then the architect may be held liable for their errors in design. If the components of the house cause injury after active operations of construction are complete, it is critical to determine which party is liable for their errors so that victims can seek damages for their losses.
Seeking Legal Care After a Construction Accident
Multiple parties involved and the disregard of necessary safety procedures can make for a number of different accidents in construction. In the types of accidents listed above, victims of construction accidents should seek experienced help from a Greenville construction accident attorney to help discover which damages they may be able to recover in their situation.
The following losses may be considered for recovered damages in your South Carolina construction accident lawsuit:
- Medical treatment costs
- Future care costs
- Diminished earning capacity
- Loss of wages and benefits
- Pain and suffering
- Diminished quality of life
- Wrongful death
Often times, construction companies may aim to be more cost effective by short-cutting safety procedures to get work done faster. This is unfair to workers and non-workers alike.
Know your legal rights by consulting the Greenville construction accident attorneys of Hammack Law Firm. Our experience in years of litigation and handling cases similar to you own will assist you in recovering the most amount of damages according to your unique case.