Construction Worksite Injury Attorneys in Atlanta

The Atlanta construction accident attorneys at Bailey, Javins & Carter, L.C. are committed to holding negligent parties fully accountable when accidents happen on a job site. Our law firm has represented individuals and their families in cases involving serious injury or death on a residential or commercial construction site for more than 40 years.

Construction work is one of this country’s most dangerous occupations, and even the most cautious worker runs the risk of being hurt on a worksite. The U.S. Bureau of Labor Statistics reports that over 1 in 10,000 construction workers will die on the job each year. Likewise, 6.3 out of every 100 construction workers will be injured at work to the point they’ll require time off to recover.

A construction worksite injury or fatality can be disastrous. It can be physically, emotionally, and financially damaging for the injured worker and their loved ones.

If you or someone you care about has suffered a construction worksite injury, or died as a result of their injuries, in the Atlanta area, the experienced construction accident attorneys at Bailey, Javins & Carter, L.C. can help you understand your rights. We will put our full experience and resources to work for you to fight for the compensation you deserve.

Most Common Types of Construction Worksite Accidents

According to data collected by the Bureau of Labor Statistics, male workers between the age of 25 and 34 are the largest demographic impacted each year by construction accident injuries. Most of these injuries fall into several main categories:

• Falling Objects. OSHA reports that 9.6% of all construction fatalities were due to falling objects. This can happen when a roof collapses or tools/debris falls from a height. The momentum from these falling objects can cause severe or fatal injuries. According to OSHA, about 11% of all construction site fatalities are caused by a worker being struck by an object. The objects involved in these tragedies can range from something as small as a hand tool rolling off of a roof to as large as a falling crane or a moving bulldozer. When a worker is struck by a falling object, there is a good chance for a traumatic brain injury or spinal cord injury unless they are wearing the proper protective equipment. When workers are struck by heavy equipment, the results can be crush injuries, internal organ damage, and even death.
• Slip, Trip & Fall Accidents. OSHA reports that falls are the cause of about 33% of all construction-related deaths, and is the second-leading cause of workplace accidents and deaths. This can be due to debris left on the floor, spills, or uneven flooring. Falling from heights is common in construction where workers must frequently carry out duties on ladders, scaffolding, roofs, platforms, or other elevated surfaces. Employers must train workers on recognizing and avoiding fall risks, and employers can also take steps to reduce these risks for their workers.
• Scaffolding & Ladder Accidents. When scaffolds and ladders are not used appropriately, they can also result in falls and other dangerous accidents.
• Electrocution. According to OSHA, 8.6% of construction deaths are related to electrocution. Unsafe wiring or having workers near live wires are common causes of these accidents.
• Machinery Accidents. Workers are commonly injured on construction sites due to the negligent operation of tractors, hoists, conveyors, cranes, hand tools, and other machinery. In other cases, there are design or manufacturing defects that cause these tragic injuries and deaths.
• The presence of chemicals and other hazardous materials on a job site can lead to fires and explosions, causing severe injuries and loss of life.

Construction Worksite Injuries Can Be Severe

Georgia construction site accidents can lead to a number of injuries that range from something relatively minor to severe and life-threatening. The Centers for Disease Control (CDC) reports that some of the most common construction accident injuries include:

• Head and traumatic brain injury
• Heatstroke
• Paralysis
• Back and spinal cord injuries
• Vision and hearing loss
• Loss of limb or digit
• Cuts and lacerations
• Burns
• Death

Who is Most Frequently Injured in Construction Site Accidents?

The fact is that if you step foot on a construction site, you are at risk of being seriously injured. According to OSHA, one in every ten construction workers is injured each year, and one out of every five private-industry worker fatalities is construction-related.

But some workers and trades may face higher risks than others. The CDC reports that companies with ten or fewer employees and workers who are self-employed account for nearly half all of construction-related deaths. And, according to the National Safety Council, workers (97% men) between the ages of 25-44 are the most likely to be injured while working in construction.

Role of Workers’ Compensation in Georgia Construction Accidents

Workers’ compensation can be most closely compared to an insurance policy. The State Board of Workers’ Compensation provides for certain benefits if you are injured on the job or have a loved one that is killed.

The benefits include the payment of medical expenses, lost wages while unable to work, retraining if necessary, and the possibility for a lump sum payment depending on the extent of your injury. The catch is that you often give up the right to sue your employer in exchange for these benefits.

This is also a “no-fault” system, meaning you receive these benefits regardless of who was at fault in the accident. There are a few exceptions, and workers’ compensation can deny your claim under certain circumstances.

Was a Third Party Responsible for Your Construction Worksite Injury?

As an employee in Georgia, you are generally excluded from directly suing your employer after a workplace accident. Your remedy for benefits and damages is limited to the workers’ compensation system. However, if there was involvement from a third party, you may have another means of recovery.

For example, if you were hurt due to a faulty piece of machinery on a job site, you might have a case against the manufacturer of that item. By filing a third-party lawsuit, you could recover additional damages such as anything not covered by workers’ compensation, and pain and suffering.

Our Atlanta personal injury attorneys regularly pursue these types of cases for injured workers and their families. These are complex cases that require additional investigation and evidence collection. We’d be happy to sit down and speak with you about your situation.

What to Do After a Construction Worksite Accident

If you’ve been injured and are unable to work because of a construction accident, it’s vital that you take certain steps to protect your rights. First, report the injury to your employer and seek prompt medical attention. If there were witnesses or any other evidence, write down the information and take photos.

While your employer should cover you under its workers’ compensation program, getting the benefits you deserve might be a challenge. Since it’s not an even playing field, you may need the services of an experienced personal injury attorney. Your legal representative can conduct an independent investigation of your accident and advocate for your rights as your case progresses.

Do I Need a Lawyer?

Legal Options for Injured Construction Workers

When a construction worker gets hurt on the job, the first place they usually look for reimbursement is their employer’s workers’ compensation policy. In one respect, workers’ comp is a good deal because the program provides benefits without having to prove that someone other than yourself was at fault for the accident. But the downside is that there are very strict limitations on what benefits are available.

Some examples of workers’ comp coverage limitations include:

• Possible limitations on where and from what doctor you are allowed to seek medical treatment.
• Various necessary treatments such as mental health therapies may not be available.
• Workers only receive up to 2/3 of their lost earnings.
• No compensation available at all for the physical and emotional pain-and-suffering caused by the injury.
• Coverage could be denied if any exclusions apply.

What all of this adds up to is that, while workers’ compensation is certainly much better than nothing, the available benefits will probably not be enough to reimburse you for all of the losses you have sustained.

The trade-off for receiving no-fault coverage through workers’ compensation is that an injured worker is generally not allowed to sue their employer for damages resulting from a workplace injury. But this does not mean that there are no other legal options available to you, and that’s where the assistance of a skilled and knowledgeable attorney pays off.

Construction accidents are events that are typically caused by a number of different factors, and there is a very good chance that a party other than your employer might bear some responsibility for what happened. Some of the possible third parties that could be at fault for a construction site accident include:

• Negligent contractors and subcontractors who were working on site.
• Negligent property owners who failed to ensure that the job site was safe and free of hazards.
• Manufacturers, suppliers, or distributors of faulty or dangerous products that contribute to an accident.
• Drivers who cause vehicle accidents that injure the worker.

Filing a personal injury claim against a third-party defendant opens up another avenue that maximizes your chances of recovering full and fair compensation for your injuries. Cases like these are very complicated, however, and the more time that passes, the more difficult it becomes to file a successful third-party claim. For this reason, it is highly recommended that you get in contact with an attorney as soon as possible.

Get Assistance from a Trusted Atlanta Construction Accident Law Firm

Bailey, Javins & Carter, L.C. is committed to pursuing maximum compensation through every available means for our clients. If you or someone you love was injured or killed in a construction worksite accident in the Atlanta area or elsewhere in Georgia, we want to speak with you.

We always offer free consultations and work on a contingency fee basis. This means that you don’t pay us for representing you until we recover from the parties responsible for your harm. Contact us now at 678-981-5370 or reach out to us online to schedule your initial appointment.