Though activity in the construction industry has recently declined as a result of a lagging economy, construction sites are still commonplace in most communities.  Whether a person is working at a construction site or simply passing by a site, there is a significant risk of injury or death from construction site hazards. The law compensating those injured by hazards on a construction site differs based on whether someone is working at the site or just passing by. A person who is injured as a bystander is compensated by normal personal injury law from any party who is at fault. Those who are employed at construction sites may face a more complex situation. The lawyers of Nahon, Saharovich & Trotz (“NST Law”) will use our many years of experience in handling construction injury claims to help you or your family obtain compensation for a construction accident victim’s injuries or death.
Thousands of construction workers are hurt or killed each year while on the job. The construction industry accounted for the most fatal work injuries in any private sector industry in 2008. Even construction accidents that do not result in death often involve catastrophic injuries like head and neck injuries from various types of accidents including:
- Falls from scaffoldings, ladders or roofs
- Construction vehicle accidents
- Accidents resulting from defective heavy equipment
- Mishaps caused by careless storage of equipment or debris
- An accident resulting in electrocution, fire or explosion
A construction worker who is injured on the job is typically compensated for his or her injuries under the worker’s compensation system. The system provides benefits to workers who are injured on the job or who suffer an occupational disease that occurs in the course and scope of employment. The system is not based on fault so there is no need to prove that an employer is at fault in causing an employee’s injuries nor is it relevant that the worker’s own negligence contributed to his or her own injuries.
The lack of need to prove fault is the good news, but the worker’s compensation system also includes some bad news. Worker’s compensation benefits are far more limited than those that can be awarded under Tennessee personal injury law. At NST Law, we recognize the limitations of the worker’s compensation system and understand the importance of naming all potential parties’ to a construction accident case so that our clients can be fully compensated by a personal injury action against third parties.
A construction project usually involves many individual companies, people and products. Property owners, contractors, architects and engineers all have some duty to provide a safe working environment at a construction site. Additionally, equipment manufacturers and suppliers also have a duty under Tennessee construction accident law to provide equipment and supplies that are safe. At NST Law, we will routinely investigate the potential to pursue a personal injury lawsuit against any of these third parties in addition to a worker’s compensation claim against an injured construction worker’s employer. The damages that may be recovered in a third-party negligence lawsuit far exceed typical worker’s compensation benefits and may include lost wages, reduced earning capacity, current and future medical costs, pain and suffering and loss of consortium (deprivation of the benefits of a family relationship due to a worker’s injuries).
Unlike claims brought by injured construction worker’s under the Tennessee worker’s compensation system, an injured worker must prove the fault of any third-party in a Tennessee personal injury action. At NST Law, we have handled many such cases and know that the lawyer for a third-party or their insurer may argue that the conduct of the injured worker contributed to his or her own injury. Under Tennessee construction accident law, an injured construction worker’s recovery can be reduced according to the worker’s own degree of fault. This element of Tennessee construction accident law is called comparative negligence.
At NST Law, we understand the importance of investigating to determine all potential parties that may have played a role in causing an injured construction worker’s injuries. We also know that is it critical that an experienced construction lawyer moves promptly to seek compensation for a construction worker who suffers catastrophic injury or death. The landscape of a construction site changes and evolves quickly so NST Law will act promptly to make sure evidence that may help establish liability of a third-party is not destroyed or altered. At NST law, we will use our skilled staff, experience and resources to pursue compensation from all potential parties responsible for a construction worker’s injuries. Whether you are a construction worker or a person injured when passing a construction site, NST Law has the experience and skill to assist you in seeking just compensation for your injuries.