According to the Department of Labor, one out of every ten construction workers is injured on the job each year. The most common construction site injury is a personal injury caused by a fall. In fact, falls result in more deaths among construction site workers than any other type of accident.
Iron workers, and those construction workers handling heavy equipment are most likely to become injured on the job. Of over 6.5 million construction workers in 1995, 1,040 constructing workers were killed on the job in that year. Just as troubling, there were over 350,000 construction workers that became disabled due to on the job accidents in 1995.
Back injuries tend to be the most common type of personal injury reported by construction workers. Approximately 25% of all on the job injuries reported for construction workers are back injuries. This is not surprising given the amount of heavy lifting associated with most construction jobs. Injuries to limbs are a close second to back injuries in terms of frequency of occurrence.
Of course, most on the job injuries are handled through workers compensation. An injured worker may file a claim under the workers compensation act and potentially receive disability income for lost wages resulting from the accident. However, in some cases an injured party may be entitled to file a personal injury lawsuit to gain additional compensation. Of course each case must be evaluated separately. A good personal injury attorney should be consulted to make a final determination. A qualified personal injury attorney will be able to provide advice as to the feasibility and advisability of initiating a personal injury lawsuit. Be aware that legal proceedings can be lengthy and costly. It is not always advisable to bring a personal injury lawsuit. It is always wise to proceed cautiously and with appropriate legal advice. The cost of a protracted personal injury lawsuit can easily exceed the expected payout. Obviously, if the injury is severe and the employer can be shown to be negligent, the prospects of success in a personal injury lawsuit increase dramatically.
Be aware that most states have a statute of limitations. This means that an injured party has only a specified period of time to initiate a personal injury lawsuit. Historically, and in most states, the statute of limitations is two years from the date of the accident. This is an important consideration in determining the feasibility and also the timing of a personal injury lawsuit. Also, many states have an additional requirement that the accident be reported within one or more months of occurrence. It will be important to document as many details as possible relating to the personal injury and then consult a qualified personal injury attorney as soon as possible to ensure that filing and reporting deadlines are not missed.
