Similar to fast-moving vehicles on the roadway, there are a lot of hazards in construction zones and workplaces. When someone acts carelessly in the construction zone, there is a good chance that serious injury or death will occur. You likely never thought that you would be injured at work because you followed all the safety rules and did everything you could to be safe. Unfortunately, you can’t control what other people are doing on the job site. The poor, unsafe decisions of others can get you injured, and you may need an attorney to protect you.
Unlike traffic rules, it is not always clear what the safety rules are in a construction zone. That’s where we come in. At Parker & McConkie, we know the laws that govern your particular construction or workplace accident. We can help highlight these rules and show how the responsible person broke those rules and caused your injury.
If you or your loved one has suffered injuries on a construction site due to another’s negligence, contact Parker & McConkie today to schedule a free consultation with one of our Utah construction accident lawyers.
Construction workers are at high risk for work-related injuries. This is because a construction site poses a lot of hazards. Even with the stringent work safety regulations in Salt Lake City, dozens of construction workers face tremendous injuries every year.
If you’re a construction worker and an accident happens, you need to know your legal rights. Construction accident victims are entitled to file a workers’ compensation claim if injured on the job. However, suppose the accident was caused by the employer’s or co-worker’s negligence. In that case, you should also consider filing a personal injury suit against that person.
Workers’ compensation is not always enough when another party causes your injuries at work. It is crucial to get all the information you need about your options into one place before making any decisions about pursuing compensation. At Parker & McConkie, we can do just that. Your initial free consultation will provide us with the chance to ask questions and hear all about how and why your accident occurred.
In 1973, Utah adopted the federal Occupational Safety and Health Administration. The Utah Division of Occupational Safety and Health or UOSH covers all state private and public workers. However, the regulation sets a limitation for federal government workers. Federal OSHA covers any employees not covered by state-mandated safety rules.
Under UOSH, the state enacts the standard OSHA regulation with additional requirements. There are several work industries in which UOSH places unique rules, including construction. Here are the areas of construction in which UOSH provides supplemental safety laws:
In Utah, if the plaintiff could prove that their employer violated UOSH regulations, they have a higher chance of regaining compensation for their case. The prosecutor will establish the liability by studying the employer’s safety and UOSH mandated regulations.
To bring a personal injury lawsuit in a construction injury, you must establish your case. Here are some steps you can follow to build a solid personal injury case:
• Seek medical help. Injured workers must seek immediate medical attention after the accident. This will help victims prevent further progression of their injuries. Requesting emergency medical attention for your injuries will help you establish your case.
• Report the incident. You must report the incident within 30 days. You must notify the proper authorities about the accident. On-site accidents, accidents off-site but at work, and worker deaths are all considered incidents that a victim must report.
• Preserve evidence. Accident victims often overlook this part. After your accident, you must immediately preserve evidence. This could be the scene of the incident or any relevant objects or documents that are affected by the incident. You can also obtain the contact details of any witnesses to the accident.
• Contact a construction accident lawyer. You must preserve the details of your accident to give you a chance to file a lawsuit. A Utah work accident lawyer can help you by providing astute legal advice and a thorough case investigation.
In 2020, the United States reported over 4,764 occupational fatalities. 47.4% of the total fatalities account for construction and materials moving occupations. According to UTC 34A-2-201, employers must provide workers compensation benefits for workplace injuries.
However, there are cases when a victim does not receive compensation for their injuries. In such cases, seeking the counsel of a Utah construction accident lawyer is the best course of action. At Parker & McConkie, we handle various construction-related cases, such as:
Crane accidents are one of the most common causes of injuries sustained on construction sites. Injuries such as traumatic brain injuries and spinal cord damage are often the consequences of crane accidents.
Construction workers often sustain injuries from falling debris. Falling bricks, wooden beams, and damaged equipment are common causes of construction site accidents.
Construction works are physically demanding jobs that require workers to climb extreme heights. Falls often cause paralysis, traumatic brain injury, or death. If you have sustained an injury after falling from great heights, contact a Utah construction accident lawyer urgently.
Defective equipment is another common hazard on construction sites. Defective scaffolding, cranes, and excavators are significant causes of injuries on construction sites. These accidents could cause severe burns, electrocution, and crushing injuries.
Forklift accidents are one of the leading causes of workplace accidents. These workplace vehicles run on tracks and wheels that could easily collide with other vehicles or objects at construction sites. Injuries caused by forklifts are collision injuries, entrapment, and crushing injuries.
Electrical defects are a significant source of construction-related injuries. Electrical shock can result in paralysis, coma, or death. We address electrocution-related accidents ranging from defective wiring systems to exposed voltage lines.
Gas explosions are a significant cause of accidents on construction sites. Gas leaks, gas canisters, or other flammable materials frequently cause chemical explosions on building sites. Severe burns and chemical poisoning are two of the most prevalent casualties caused by gas explosions.
Scaffolding is a standard construction site support system that too often causes accidents. Scaffold collapse, falling from a scaffold, and collapse injuries are leading causes of scaffolding accidents.
Welding is one of the essential construction jobs. However, this is also one of the most dangerous jobs in the industry. Welding accidents can cause severe burns, electrocution, and blindness.
Brazing is another standard construction job that often leads to accidents. Brazing accidents are mainly caused by exposure to high temperatures, poor ventilation systems, or faulty equipment. Welding accidents can cause severe burns to the face and neck, along with other fatal injuries.
Compressor accidents are another common construction site accident. Compressor explosion, entrapment, and gas leaks are some of the leading causes of compressor accidents. These machines often overheat and explode, causing significant damage to the surroundings and causing extreme burns and even death.
Several factors can cause construction accidents in Utah. We listed some of the most common factors influencing construction accidents in Utah:
• Lack of fall protection. Falls are the leading cause of construction-related injuries and death in Utah. Many workers sustain life-threatening injuries such as head trauma, spinal cord damage, and paralysis when they fall from heights.
• Lack of safety training. Many construction workers have not undergone safety training to protect themselves from the hazards of their work. Even those who have been trained overlook basic safety instructions, which can cause accidents and injuries.
• Lack of eye and face protection. Construction workers often ignore the need for eye and face defense. Collisions with heavy equipment, chemical residues, and electrical shocks are leading causes of injuries to the eyes and face.
• Lack of respiratory protection. Workers who inhale harmful chemicals or specks of dust can develop severe respiratory disorders such as asthma. Other construction workers have been diagnosed with lung cancer caused by exposure to silica dust, asbestos, and other industrial chemicals.
Injuries following construction accidents are often life-threatening and long-term. Here are some common accidents related to the construction industry:
Before a victim can receive compensation for their injuries, they would need to appoint the liability of the accident to the responsible party. Establishing responsibilities may not be simple since various parties can be held accountable for the construction accident.
The primary responsibility of subcontractors is to create and maintain a safe working environment for their contractors. Part of their task is to provide adequate workplace safety training. If they fail to meet their responsibilities, they may be held liable for the accident.
Defective machinery and construction materials are the primary causes of workplace incidents. A victim can hold the manufacturer responsible for the damages they sustained from faulty equipment.
Employees play a crucial factor in painting a safe workplace environment. Suppose you are injured because of another co-worker’s negligence. In that case, you can appoint the responsibility for their lack of due care.
Delivery vehicles often cause construction injuries. Vehicle drivers must ensure that they drop off their deliveries in the appropriate area. Driving negligence is usually the common cause of these accidents.
Similar to other personal injury cases, a construction injury victim is entitled to various compensatory damages. Victims may receive compensation for their medical bills, lost wages, and other property damages for their financial losses. They may also recover compensation for their mental anguish, emotional damage, and loss of consortium for their non-financial losses.
There are other grounds on which a victim may reclaim compensation from their defendants. It’s crucial to discuss this matter with Utah construction accident attorneys to understand your compensatory rights further.
Our Utah construction accident lawyers at Parker & McConkie have vast experience in defending the rights of personal injury clients.
An insurance company might minimize your settlement amount if you decide to handle your case independently. With our help, you can prevent this from happening.
We know the importance of recovering financial compensation in these cases. We will do our best to represent your case and deliver you the maximum compensation possible for your case.
The law indicates no specific amount on how much money you can recover from your accident. The court will have to look at various aspects before appointing an amount. Generally, more severe and complicated cases have higher compensation values.
UT Code § 78B-2-307 states that the statute of limitation for such cases is four years. Victims can file a lawsuit against the responsible party within four years from the accident date.
Family members of the deceased victim can file a wrongful death lawsuit against the responsible party. If this is your situation, it would be best to immediately speak with a Utah personal injury lawyer.
If you are involved in a construction injury in Utah, you may receive worker’s compensation benefits. However, claiming this benefit may be tricky. It will help if you confer with a legal professional about this matter to understand your rights further.
Filing a lawsuit against your employer may be complicated. There are grounds in a worker’s compensation benefits limiting your rights to sue your employer. A personal injury attorney needs to assess your case thoroughly. They can advise you if you can sue your employer.
Construction zones are breeding with safety hazards. It’s crucial to protect yourself and your rights against workplace safety violations. A workplace injury may be lethal and can cause permanent damages. If you are a victim of such cases, you must now speak with our Utah personal injury attorneys!
You may reach our Utah personal injury law office at (801) 845-0440. Potential clients may also submit their case details using our online contact form.
Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!