Salina Construction Accidents Lawyers
In Kansas, we rely on construction workers to build the things we need, from housing to roads and bridges. Unfortunately, construction sites are dangerous places, and workers are frequently injured on the job.
According to the Bureau of Labor Statistics (BLS), the construction industry regularly has one of the highest injury and fatality rates. In 2021, there were more than 156,000 non-fatal injuries in the construction industry, and sadly. There were 151 fatalities. For that year, the construction industry represented 21 percent of all workplace fatalities in the US, according to the BLS. As shocking as these numbers are, they could be higher, as many workplace injuries go unreported.
Whether they are the result of a sudden violent action or long-term repetitive motions, construction injuries can have serious consequences for those who suffer them, and they can be long-lasting. Construction workers who suffer injuries should seek compensation to get the money they need for medical bills, lost wages, PTSD, and other losses they may have suffered.
If any construction worker is killed on the job, surviving loved ones can pursue compensation to cover funeral expenses, lost wages that the deceased would have earned, and other costs.
Common Causes of Construction Site Injuries
Construction site injuries can have many different causes. According to data from the BLS, some of the most common causes include falls from heights, slips, trips, falls, being struck by an object, and trench collapses.
Falls From Heights
Although falls from heights aren’t as common as other causes of construction site injuries, this cause tends to be the leading cause of fatal injuries. Falls from heights can include workers falling off ladders, scaffolding, roofs, and elevated platforms.
Employers have a responsibility to protect their employees who are working at heights. Guardrails and safety nets should be used to protect employees working on scaffolding or elevated platforms. A body harness attached to an anchor point or lifeline can ensure workers are kept safe. Employers should also ensure that all ladders and scaffolding are regularly inspected.
Slips, Trips, and Falls
Construction sites are full of debris, tools, machinery, uneven surfaces, slick surfaces, and other trip or slip hazards. While slips, trips, and falls don’t tend to cause the most construction site fatalities, they can result in serious injuries.
Employers have a responsibility to keep people safe by emphasizing the importance of good housekeeping. Walkways and work areas should be kept as clear as possible from debris, spills and random tools. There should be specific areas for disposing of waste and storing materials that are being used. Uneven surfaces should be repaired or remedied so that they are not a trip hazard. Employer players should do their best to prevent spills and provide adequate drainage. Employers are also mandated by law to provide protective, non-slip footwear.
Struck by Object
Falling objects, flying objects, and moving vehicles can all cause serious injuries on a construction site. Taken together, the “struck by object” category can cause very serious injuries, especially when the accident victim is struck in the head or hit by significant force.
Construction companies should keep people safe by having measures in place to prevent falling objects. Tools, construction materials, and equipment should all be safely secured when they are on an elevated platform.
Construction employers should always provide their crews with adequate personal protective equipment (PPE), including hard hats, eye protection, and other gear that can protect them from falling or flying objects.
Trench Collapses
All too often, people fall victim to a trench collapse while performing excavations or other work underground. These incidents can easily bury workers alive or crush them to death.
When a construction crew is being asked to perform work in a trench, a construction company must take steps to ensure that the work environment is as safe as possible. Preventing soil trench walls from forming at a steep angle is a basic but effective approach to preventing trench collapse. OSHA does provide guidelines for slope requirements based on soil type. Companies can use trench boxes and other measures to support trench walls and avoid collapse.
Common Types of Construction Site Injuries
The types of injuries that occur on a construction site can vary significantly, from minor scrapes to fatal injuries. While some injuries have a relatively short recovery time, some serious injuries have life-long or fatal effects. Some of the most common types of construction site injuries include:
- Lacerations
- Bruises
- Sprains
- Fractures
- Muscle strains
- Tendonitis
- Carpal tunnel syndrome
- Electrical burns
- Traumatic brain injuries
- Spinal cord damage
- Cardiac arrest
- Crush injuries
- Eye injuries
- Respiratory problems
- Chronic pain
- Loss of mobility
The Differences Between a Worker’s Compensation Claim and a Personal Injury Lawsuit
Under Kansas law, construction employees who are hurt while working are entitled to compensation for the losses they suffered.
The state has a no-fault system that allows injured employees to seek compensation through their employer’s workers’ compensation insurance. In most situations, injured employees file a claim with their employer’s insurer, and the insurance company pays out compensation for material losses, such as medical bills and lost wages. Workers’ comp does not pay out for non-economic damages like PTSD for pain and suffering. The employer is generally seen as being free of liability, and employees must seek compensation by filing a claim.
With a workers’ comp claim, the employer is legally allowed to choose the doctor who will treat and evaluate any injuries. If the victim isn’t satisfied with the treatment or analysis of this doctor, they can seek a second opinion, but under Kansas law, the employer and insurer are only obligated to pay up to $500 for treatment from an unauthorized provider.
In rare situations, an injured employee may be able to file a personal injury lawsuit against their employer. If it can be shown that the employer may have intentionally caused the injury, an injured employee may have a legitimate case against their employer. To be successful in this lawsuit, the plaintiff must show intent to injure. Proving carelessness alone isn’t enough to win the case in court.
Injured employees can also pursue legal action if their employer doesn’t have adequate workers comp insurance. Because Kansas law requires employers to carry a certain level of workers comp insurance, companies that do not are breaking the law.
Injured employees also may be able to file a lawsuit if their injuries were caused by a third party. For example, if a cleaning crew left behind a pile of debris and that debris caused an employee to suffer injuries, that employee could potentially pursue legal action. Another example might be if a defective tool or piece of machinery was responsible for the injuries. If a worker in a highway construction zone is injured by a passing car, the injured worker could potentially file a lawsuit against the driver of the car.
It’s also important to note that the workers’ comp system applies only to employers and employees. If you are walking through a construction site, and falling debris causes you to suffer serious injuries, you would seek compensation through legal action and not by filing a workers’ comp claim.
Unfortunately, the workers’ comp system often falls short when it comes to providing the amount of compensation injured employees need to adequately move forward with their lives. Furthermore, laws like the 2011 Kansas Workers Compensation Act have made it more difficult for injured employees to get an adequate payout from the workers’ comp system.
How Much a Construction Accident Claim Is Worth
The value of a construction accident claim can vary significantly from case to case. That being said, the value of a claim is based on three types of damages — economic, non-economic, and punitive.
Economic Damages
Also called compensatory damages, economic damages are designed to compensate an injured person for their financial losses. These can include medical bills, lost wages, and other costs associated with the injuries that were suffered. These damages can be easily calculated using financial statements, bills, payment history, and other documents.
Non-Economic Damages
Non-economic damages are designed to compensate an injured person for losses that do not have a defined financial value. These can include emotional distress, PTSD, decreased quality of life, loss of mobility, and pain suffering. These damages can be difficult to calculate but are typically based on the severity of injuries suffered and past legal precedents.
Punitive Damages
Punitive damages are only awarded by a court when the court has determined that severe negligence or willful maliciousness caused the victim’s injuries. These damages are meant to punish the defendant so they do not repeat their actions. For example, a judge may award punitive damages if a construction company forces its employees to work in clearly dangerous weather conditions, and those conditions lead to the victim suffering serious injuries.
Insurance companies work hard to minimize the value of a construction accident claim. They may try to take any statements the victim made about their injuries and use them to downplay the severity of those injuries. Salina construction accident lawyers understand how insurance companies operate. If you have been hurt on a construction site, it is best to consult with one of these experienced attorneys in order to offset insurance company tactics and optimize the value of your claim.
How Construction Accident Victims Can Receive Compensation in Salina
Construction accident victims shouldn’t go it alone when it comes to pursuing compensation. In Kansas, Salina construction accident lawyers have the knowledge and experience to guide accident victims through the maze of legal issues and help them get the compensation they need to move forward with their lives.
To recover compensation, an experienced attorney can investigate the facts of the case, collect evidence, negotiate with insurance companies, prepare to take a case to trial, and, if necessary, fight for their client in a courtroom. Salina construction accident lawyers can also help their clients reach a settlement if it’s in their best interest.
The earliest stages of a claim are the most critical to recovering the compensation you need. If you were hurt on a construction site, avoid talking about the accident or posting about it on social media. Talk to an attorney as soon as possible for legal guidance.
Let Our Team of Salina Construction Accident Lawyers Handle Your Case
At Bretz Injury Law, our team of alina lawyers has significant experience when it comes to handling personal injury claims. We intentionally keep our law firm small to give each case the attention it deserves. We will pursue a settlement if it’s in the best interest of our client, but we’re always prepared to take a case to trial and hold a negligent construction company accountable. If you or someone close to you was recently hurt in a construction accident, contact us online today or call 620-RESULTS.
Contact us today to schedule a free, confidential case evaluation, or simply call our law office at 620-RESULTS
