According to the Occupational Safety and Health Administration (OSHA), the construction industry was responsible for one in five worker deaths in 2015. The total fatality rate in construction the same year was 937 workers. The worst part about these tragedies is that most of them are completely preventable. They stem from coworker and employer negligence. If you suffered an injury or a loved one passed away in a recent construction accident in Charleston, call 888.HAWK.LAW or use our contact page for a free consultation*. We want to help you seek justice from the party responsible.
Worker Injuries and Employer Negligence
Based on OSHA’s “Fatal Four” report, the leading causes of death in the construction industry (not including highway collisions) are falls, struck-by object scenarios, electrocutions, and workers getting caught in or caught between machinery. If employers improve their safety practices in the workplace, the construction industry would see a significant drop in these four main types of fatal incidents. Here are some frequent issues OSHA cites in the construction industry every year:
- Fall protection
- Scaffolding construction and safety
- Respiratory protection
- Industrial truck safety
- Ladder safety
- Control of hazardous energy
- Machine guarding requirements
- Electrical components and equipment
- Electrical systems design
This gives you an idea of many of the areas where employers are failing their construction workers. Failure to equip workers with the proper safety gear and adequate training is setting them up for injurious accidents. It is a form of negligence that a personal injury claim can bring to light, potentially leading to a significant and well-deserved settlement for injured parties or surviving family members of the deceased.
Personal Injury vs. Workers’ Compensation Claim
As a construction worker, you are likely aware of South Carolina’s workers’ compensation program. Through this program, you do not need to prove anyone’s negligence to receive payment for your work-related injuries. What you may not know however, is that filing a workers’ comp claim bars you from filing a personal injury lawsuit in the future. In many cases, this is not an issue. In injuries related to negligence however, you may be eligible to receive much more than a workers’ comp settlement will give you.
Filing a personal injury lawsuit against your employer, a coworker, and/or a third party for negligence can lead to payment for your medical bills, related expenses, pain and suffering, lost wages, lost capacity to earn, lost quality of life, emotional distress, and disabilities. Workers’ compensation, on the other hand, will only pay for your medical bills, part of your lost wages, and disability.
If you have grounds for a case against a defendant after a construction injury, it is clear how it might benefit you to consider a personal injury lawsuit instead of filing for workers’ comp. Talk to our Charleston construction accident lawyers during a free, no-obligation consultation to find out which option might be best in your specific case.
HawkLaw: Experienced Construction Accident Lawyers in Charleston
Construction is one of the deadliest jobs in the United States. If you suffered an injury on the job, there is a chance that negligence was a contributing factor. Your employer may be guilty of failing to provide proper safety gear, or inadequate training. Contact HawkLaw to discover what your case might really be worth. Our team has over 50 years of combined experience, and has recovered millions of dollars for our clients throughout South Carolina.
Plus, we work on a contingency fee basis – meaning you won’t pay a dime unless we win. Don’t let a construction accident go without legal attention. We understand how personal injuries can alter your life, and want to extend our assistance to those struggling to heal. Call (843) 737-9356 or use our contact page to schedule your consultation today!
