The proposed Ansley project in Midtown Atlanta is still in its early stages, but if the developer’s vision becomes reality, this condominium tower will provide more high-end living options for professionals and others who prefer an upscale urban lifestyle. Named for the Ansley Park neighborhood that sits adjacent to its site on Peachtree Street, this development will provide a “modern day classicist” feel as well as stunning views of the city skyline. The condo project would feature 80 luxury residential units, attractive amenities, and some ground-floor retail shops.
Developer Dewberry Group owns several acres along Peachtree Street in and around Midtown Atlanta, and if its Ansley project comes to fruition, it will be one of several new residential developments in the area. This will provide more housing to help meet the growing demand for those who work or go to school in the Midtown area, and it will provide a lot of construction worker jobs as the tower is being built.
Construction Site Accidents at the Ansley and other Midtown Developments
Midtown Atlanta currently has several ongoing construction projects, and this is a clear sign of the vibrance, energy, and rapid growth that is happening in this neighborhood. Our local economy will benefit greatly from all these developments, but there are some potential growing pains that it is important to be aware of along the way.
In particular, while the countless construction workers and workers from ancillary industries that will be needed to complete all these projects provides a lot of well-paying jobs, they are also in an industry that is among the most dangerous. There is a lot going on at a construction job site, and there are numerous workers performing various tasks simultaneously and in close proximity to each other. With so many moving parts, strict standards must be adhered to in order to keep workers safe.
According to OSHA, more than 20% of all worker fatalities in the private sector occur in construction. And nearly 60% of all on-site deaths in this industry happen because of one of four major hazards, referred to as the “fatal four”. These are:
- Falls (33.5%)
- Struck by Objects (11.1%)
- Electrocutions (8.5%)
- Caught In-Between Events (5.5%)
OSHA says that if just these four types of construction site accidents could be eliminated, it could save the lives of nearly 600 workers each year.
In addition to the fatal four, there are a number of other hazards that can cause serious and fatal injuries on construction sites, such as:
- Fires and explosions (usually from gas leaks)
- Tool and machinery accidents
- Forklift accidents
- Crane and hoist accidents
- Ladder and scaffolding accidents
- Elevator shaft accidents
- Repetitive stress injuries
- Exposure to toxic substances
- Transportation accidents
Who is At Fault for a Midtown Atlanta Construction Injury?
If a construction site accident were to occur at the Ansley development or any other Atlanta area project, it could result in serious and in the worst cases fatal injuries. Injuries like these are very hard on both victims and their families. Not only do they have mounting medical bills to deal with at a time when one of the primary breadwinners is out of work, but there is also the human cost of an injury like this.
An injured worker may have a long road to recovery, and along the way, there is untold amounts of pain-and-suffering, anxiety over the injury and uncertainty about the future, and the loss of the ability to be with coworkers on the job, and to participate in activities outside of work that they enjoy.
When an employee suffers a workplace injury, they are usually told that the way to be reimbursed is to apply for workers’ compensation benefits. And provided their employer has workers’ comp coverage, these benefits should be available to them – although it may not always be easy to navigate the complexities of the program.
That said, workers’ compensation benefits are limited only to coverage for necessary medical costs, a percentage of lost wages, and some other reimbursements. Unfortunately, the program does nothing to compensate an injured worker for the intangible costs we discussed earlier, and they are usually precluded from filing a lawsuit against their employer.
Although an injured worker may not be able to file a personal injury claim against their employer, there might be other legal options available to them, depending on the circumstances of the case. In a significant number of construction site accident cases, there are parties other than a worker’s employer who could be responsible for the accident.
As we talked about earlier, there are a lot of moving parts on construction job sites, and there is a massive amount of coordination required in order to smoothly complete the project. This involves numerous workers performing various tasks simultaneously in a fast-paced environment. In addition, many of these tasks are performed at high elevations on unstable surfaces and often in enclosed areas.
If a party other than the worker’s employer were responsible for their injury, then the worker could file a personal injury lawsuit directly against the at-fault party. In such cases, they can sue for damages not only for direct monetary losses such as medical bills and lost wages, but also for noneconomic losses such as physical and emotional pain-and-suffering and diminished quality of life.
Some examples of third parties that could be held liable for a construction site accident include:
- Iron and Steel Workers
- Faulty or Dangerous Product Makers/Sellers
- Vehicle Drivers (in the case of an off-site transportation accident)
Each construction site accident case is different, and there are always unique circumstances that must be looked at to determine if an outside party may have been at fault. Due to the complicated nature of these types of cases, it is extremely important to seek skilled legal counsel as early as possible, and to work with attorneys who have in-depth knowledge of this area of the law.
Injured in a Construction Site Accident in Fulton County, GA? Contact Bailey, Javins & Carter, L.C. for Legal Help
If you or a loved one suffered injury in a construction accident in Atlanta, Bailey, Javins & Carter, L.C. is ready to go to work for you. We will meet with you to thoroughly assess your case and advise you of your legal rights and options. And if we end up taking your case, you will not pay any attorney fees unless we recover compensation on your behalf. For a free consultation with a member of our legal team, message us online or call our Atlanta office today at 678-981-5370. We look forward to serving you!