Construction Worksite Accidents

By John Devendorf, Esq. | Reviewed by Tim Kelly, J.D.

Last updated June 30, 2024

Construction sites are some of the most dangerous workplaces in the United States. The construction industry has a higher-than-average fatality rate. Almost 20% of workplace fatalities involve construction accidents. If you work in construction, you deserve legal protection for construction site injuries.

Workers’ compensation insurance covers some construction accidents. In other cases, you may need to file a personal injury lawsuit to recover compensation. Your legal rights can depend on your situation. Talk to an experienced construction accident attorney to understand your legal rights and options after a worksite accident.

What Are Examples of Construction Worksite Accidents?

According to the Occupational Safety and Health Administration (OSHA), the four leading causes of fatal construction accidents include:

Fall accidents
Struck-by accidents
Caught-in or caught-between accidents
Electrocution

These are sometimes known as the fatal four or the focus four. Other types of construction accident injuries include:

Repetitive stress injuries
Fractures and broken bones
Respiratory diseases
Amputations
Eye injuries
Burns from chemicals, electricity, fires, or explosions
Hearing loss
Concussions and other traumatic brain injuries
Exposure to toxic chemicals and materials

Falls

Falls account for about one-third of construction-related deaths. You must often work on ladders, scaffolding, and roofs in construction work. These elevated surfaces increase the risk of a fall. Safety regulations require employers to provide safety equipment to reduce the risks of falls.

Struck by Objects

Occupational struck-by incidents caused 150 fatal construction accidents in 2020. This is in addition to almost 14,000 nonfatal injuries. On a construction site, you are at risk of injury by falling objects. This includes unsecured tools, equipment, and building materials.

Caught-in and Caught-between Objects

With heavy machinery and equipment, you can be caught in or caught between crushing objects. Crushed-between accidents occur when you get struck or run over by a vehicle or equipment.

A work trench or structure can also be very dangerous. If the walls of a trench do not have proper support, they can give way and bury you in tons of material. Buildings can also collapse in the middle of construction or demolition.

Electrocutions

Electrocution is another leading cause of injuries and deaths among construction workers. Power lines or exposed wires are dangerous and account for many electrocution accidents. Electricity-related injuries can also happen when your co-workers are not adequately trained.

Who Is Responsible for Construction Site Accidents?

Liability in a construction accident can depend on the type of accident and who was injured. Depending on the type of construction site accident, liability claims can include:

Workers’ compensation claims
Personal injury lawsuits
Premises liability claims
Product liability lawsuits

Most employees injured on the job get workers’ comp benefits. These benefits can provide medical coverage and a portion of a worker’s salary while they recover from their injury at home. However, workers’ compensation benefits don’t cover all construction injuries.

If a bystander, customer, or independent contractor gets hurt on a construction site, workers’ comp may not apply. If you are not an employee, you can file a personal injury claim for damages. The person responsible may be the property owner, construction company, or general contractor.

If defective machinery causes your injury, the manufacturer may be responsible. You can file a product liability claim when injured by a defective product. With product defect claims, you don’t have to prove negligence. You only have to show that the product had a defective design or was defectively manufactured when sold to the buyer.

How Do You Prove Fault in a Construction Site Accident?

Most personal injury claims are based on negligence. Negligence is a breach of the duty of care that causes severe injury or harm. You can prove the construction company’s negligence with evidence and testimony.

There may also be safety reports that indicate the workplace was dangerous. OSHA is the government agency that regulates workplace safety. Your personal injury law attorney can use past OSHA reports to show evidence of hazardous working conditions. You can use this in your workplace injury claim to show evidence of negligence.

Does Workers’ Comp Cover Construction Accidents?

Most employees injured in the workplace are covered by workers’ compensation insurance. Workers’ comp provides no-fault coverage for workplace accidents. With a workers’ comp claim, you can get medical treatment and partial wage replacement. You can continue to get benefits until you are able to return to work.

Can a Family Member Sue for a Fatal Construction Accident?

If a loved one is killed in a fatal construction accident, you may be able to file a wrongful death claim. A wrongful death claim can’t replace the loss of a family member. However, it can ensure that the construction company is held responsible for its actions. In a wrongful death lawsuit, the survivors can recover compensation for:

Funeral expenses
Loss of support
Loss of consortium

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