In the repair, demolishing, or construction of buildings, construction accidents can occur, usually resulting in serious injuries. Construction site accidents bring about medical expenses, lost wages, serious injuries, and unfortunately, fatalities. When a serious injury or fatality occurs, it leaves families reeling, uncertain of how to pay their bills or even begin to move forward.
According to the Bureau of Labor Statistics, more workers died in the construction industry in 2022 in Michigan, more than in any other industry, with a rate of 9.6 fatalities per 100,000 full-time workers. Most studies indicate that close to 98% of workplace accidents are entirely preventable. What does this mean for you and your family?
If you're an injured worker who was involved in a Flint, Michigan construction site accident, you may need a personal injury lawyer in Flint to help you obtain workers' compensation benefits. You may also need to file a personal injury claim to help you collect compensation for things like pain and suffering, or the wrongful death of a family member. Contact Christopher Trainor & Associates today to schedule a free consultation with a Flint construction accident lawyer who will fight for your case every step of the way.
The construction industry is inherently hazardous due to the nature of the work as well as the dangerous machinery used on construction sites. The most dangerous construction job is working at heights, usually in the construction of buildings. According to the Department of Labor Statistics, the most common hazards are noise from machinery, body strain from repetitive movements, lifting, pushing, and pulling heavy loads, falls from unguarded areas, and fragile roofing. Here are some of the most common types of accidents that happen in construction.
The most frequently cited job site violation in 2021 according to OSHA was falls, with over 5,400 violations for falls for that year totaling penalties of $28.8 million. These cited failure to provide adequate fall protection. This translates to a lack of PPE (personal protective equipment) in the form of tethered and well-fitting safety harnesses and, whenever possible, a guardrail system.
A struck-by incident occurs when a construction worker comes into contact with a flying object, a falling object, a swinging object, or a rolling object. The object can be a motor vehicle or a tool. Because struck-by incidents are extremely dangerous and even fatal, construction workers should always wear proper head protection. If they are working at heights, they should tether their tools to their belts to avoid them falling and hitting other workers. If they are operating cranes or other heavy machinery, construction workers should be vigilant and keep a safe distance away, such as not standing in the crane's swing radius or under the crane with a suspended load.
Contact with live overhead wires, faulty wiring, damaged equipment or power tools, and improper use of extension cords are some of the biggest electrical hazards on construction sites. There is protection available against electrocution and it is essential to avoid serious injury and death. For this, OSHA recommends an Assured Equipment Grounding Conductor Program as well as doing a daily inspection of all power equipment, attachments, plugs, and cord sets, avoiding the use of frayed cords and exposed wires.
Injuries resulting from a person being pinched, caught, squeezed, crushed, or compressed between parts of an object or between two or more objects can be catastrophic. Strangulation from clothing getting caught in running machinery and equipment counts as a caught-in incident while being compressed or crushed between shifting, sliding, or rolling objects such as rotating cranes and stationary objects, or a cave-in while working in trenches, are also considered caught-between incidenst.
According to the BLS, there were 143 reported caught-in-between fatalities on construction sites in one recent year. Wearing high-visibility clothing, a protective system for a worker entering a trench more than five feet deep, and properly maintaining equipment are all ways to prevent such incidents.
The second most common construction site accident after falls are trips and slips. More than 31% of all construction worker fatalities in 2020 came from falls, trips, and slips. Slipping on uneven or wet surfaces, tripping over loose cords, or tripping over obstacles such as building materials are a few examples of trip and slip accidents. Having an organized job site, clear and marked walkways, corded tools stored when not in use, signage for uneven or wet surfaces, and keeping clear and debris-free work areas can all help to prevent trips and slips.
Using flammable or combustible materials, smoking, faulty wiring, welding, and poor maintenance of power tools, portable heating sources, and generators can cause fires. Having multiple fire extinguishers available and safely storing flammable materials when not in use reduce fire risks. A manager should provide supervision for heat work and make sure all tools have completely cooled before storing them.
Motor vehicle accidents are a threat to construction workers involved in road projects. OSHA reported that most road construction work zone fatalities occur either from a worker being struck by a car or construction equipment. High-visibility cones, barriers, and clothing, distinct project areas, facing traffic on the job site, and a traffic monitor are some ways to prevent such accidents. Following Michigan's Department of Transportation's rules and regulations for road work safety practices will also provide certain precautions.
Demolishing materials with chemicals or unknown substances could create unexpected reactons that harm workers. The process also causes unstable materials which can collapse and injure workers. To prevent demolition accidents, it's important to have an engineering survey and an assessment of health hazards.
Overuse of various body parts causes injury from wear, tear, and strain on muscles, tendons, ligaments, and other areas. Rotator cuff tears, tendonitis, muscle strains, and back problems are some common problems resulting from overexertion at the workplace and especially in the construction industry. Having ergonomic standards for equipment and using the "work smarter, not harder" concept reduce physical strain on workers' bodies.
The risk of ground collapse is especially great on construction sites where workers are below ground, and it is one of the most hazardous because it can happen very suddenly and without warning. A foundation that cannot support workers suddenly collapsing or wet soil erosion from heavy rainfall can result in ground collapse. To avoid ground collapse incidents, it's necessary to evaluate all relevant surfaces including the dirt and soil, and using a protective system for workers in trenches.
The Census of Fatal Occupational Injuries reported nearly 300 crane-related deaths between 2011 and 2017, resulting in an average of 42 crane fatalities per year during this period. The crane coming into contact with power lines, collapses, or hitting someone on the ground are examples of common crane accidents. Proper training and certification by a reputable organization for operating a crane, guidance from a trained operator, exercising caution in bad weather, and training workers on crane safety can help avoid accidents.
There were more than 600 forklift-related fatalities between 2011 and 2017. Also during this same period, there were 7,000 nonfatal construction accident injuries involving forklifts that required workers to take time off work. Proper training prevents forklift injuries by training workers to drive slowly on slippery surfaces, avoid sharp turns, never drive with the forks up, use a spotter when visibility is low and while backing up, wear seat belts, and have other workers on the ground stay clear while forklifts are in operation.
Construction sites sometimes contain asbestos, PVC, lead, and heavy metals, risking exposure to workers on site. Workers sometimes also get exposed to and become sick from exposure to mold, formaldehyde, silica, and dust. Almost 9% of all workplace fatalities in 2020 were from construction workers who had been exposed to chemicals or toxins by way of substances or environments. Wearing PPE such as eye protection, gloves, and respiratory masks and following guidelines for chemical exposure to avoid potential harm are the best ways to reduce the risk of chemical and toxin-related illness. A comprehensive list of chemicals and toxins and the permissable exposure limits for each one can be found in the NIOSH Pocket Guide to Chemical Hazards.
According to the National Safety Council, most construction accident deaths are preventable. Because this is true, it’s imperative to hold negligent parties accountable when injuries occur. The Flint construction accident lawyers here at Trainor & Associates will investigate the cause of your injuries or the injuries of your lost loved one, and hold the at fault party responsible. We will do all of this with no upfront fees from you. We will only collect a fee if we are able to secure a settlement or award for your case.
The majority of Michigan construction accident fatalities in 2022 came from the private sector. Falls, trips, or slips accounted for 15 of the 28 fatalities, and 16 of the 28 fatalities were from specialty trade contractors. Common Michigan construction accidents follow OSHA's "Fatal Four" list of falls, struck-bys, electrocutions, and being caught-in or -between.
Following are some common injuries resulting from construction site accidents.
Construction injuries can be severe, with injured workers often requiring ongoing medical care and extended time off work. Many who survive a construction injury become permanently disabled due to their injuries. If you've suffered injuries as a result of a Michigan construction accident, you are entitled to workers compensation benefits to help you recover. A Flint construction accident lawyer from our law firm can help you get fair compensation for medical expenses, medical bills, lost wages, and pain and suffering. We've handled several Michigan construction accident cases and won significant compensation for our clients in situations similar to yours.
When you are injured in any workplace accident or become ill as a direct result of your job, you are entitled to certain benefits through your employer's accident insurance program. This program is known as workers’ compensation. It can also provide death benefits to family members of fatally injured employees.
Depending on the injured worker's needs, Michigan law entitles them to the following workers compensation benefits:
In a workers’ compensation claim, there is no at fault party. You do not have to prove liability to receive these benefits, as long as it is clearly established that the injury happened as a result of your job. The worker loses their right to compensation in the event of intoxication by drugs or alcohol or the intent to injure themselves or someone else. If the employer disputes the claim or disagrees that the injury was job-related, a judge must decide on the case.
The employee may be eligible for disability benefits until that time, which will be deducted from their future workers’ compensation rewards. Should the employee be unable to earn the same wages they did before the accident, they may be able to claim wage replacement and be put on light or alternate duty until their recovery is complete.
If you have a work related injury or illness as a direct result of a Flint, MI construction accident, your workers’ compensation claim does not need to prove negligence. However, you must immediately notify your supervisor and seek treatment at an Occupational Health Care Clinic. It is also customary for supervisors to administer drug testing to eliminate drug or alcohol intoxication as the cause, which if found, would cause the worker to lose any claim to workers compensation benefits. A free consultation from one of the Michigan construction accident lawyers can help clarify your path forward, so reach out today to schedule yours.
According to OSHA, there may be several possible responsible parties behind any one construction accident. Michigan law does not require an injured construction worker to prove negligence, but being able to establish negligence can aid in their workers compensation case when dealing with the insurance company. Pain and suffering compensation cannot be claimed in a workers compensation case, so if you need to move forward with a personal injury claim with a Flint construction accident lawyer, negligence becomes an important element you must be able to show with evidence.
OSHA regulation states that employers are responsible for providing a safe workplace. They must take every reasonable precaution given the circumstances to protect workers. The key employer responsibilities include making sure that employees have and use safe equipment and properly maintain them, use visible warnings of potential hazards, establish or update operating procedures for employee safety and health, not discriminate against employees who exercise their rights under this act, and post OSHA citations.
In most construction accident cases, the employer is liable. That's because they have control over the hiring and training of employees, the working conditions, and the facility. According to the CDC, between 2015 and 2017, small employers with fewer than 20 employees accounted for 75% of fatal falls on construction sites. This is in spite of the fact that they make up only 39% of construction payroll employment.
Any party hiring independent contractors cannot be held liable for construction injuries caused by the contractor's negligence. Although most business property owners and public employers must carry workers compensation coverage, independent contractors are one of the exceptions to this general Michigan law. Injured construction workers of independent sub contractors may sue the general contractors for their negligent acts. There may be some cases in which both an employer as well as a third party contractor could be held liable for a personal injury or wrongful death.
There may be other liable parties as well. If a general contractor fails to check sub contractor backgrounds, hires people who lack adequate training, or hires sub contractors with previous safety violations, they can be held liable for construction accident injuries or wrongful death claims. An equipment manufacturer can be held liable for defective equipment if it can be proven that it caused an injury or death, as well.
In such cases where the liability of other parties is claimed, injured workers can file personal injury lawsuits in addition to workers compensation claims. When the at fault party is an entity other than an employer of a construction company, this type of personal injury lawsuit for compensation is known as a third party claim. Third party liability may take the form of a property owner, an independent contractor, an equipment manufacturer, or a negligent driver being held responsible for a worker's construction injuries.
The OSH Act provides federal regulations for workplace safety and health protection to most private sector employers and their workers as well as federally covered public sector employees and their workers. Unlike OSHA, however, the Michigan Occupational Health and Safety Administration (MIOSHA) offers federal guidelines to both public and private employers, with a few exceptions.
A Michigan construction accident case automatically qualifies the employee for workers’ compensation benefits. Fortunately, you do not have to choose between the different types of claims you can file if you are eligible for them. You can file any that are applicable to your situation.
A workers compensation claim provides benefits for medical care, lost wages, and funeral expenses for an injured or fatally injured worker, regardless of fault.
A personal injury claim proves negligence and establishes the liability of a party other than the injured construction worker to obtain economic and non-economic damages, including pain and suffering compensation.
A third party claim is a type of personal injury claim that finds one or more at fault parties who are not the employer or any co-workers but are third parties in relation to the injured worker.
A wrongful death claim is a civil action seeking compensation for damages against a party for causing their loved one's death, which can include pain and suffering compensation if the injured worker did not immediately die following injury.
As you can see, an injured worker may file only a workers’ compensation claim, or that and a personal injury claim. Workers compensation cases do not usually require a lawyer as a rule, but construction accident cases with serious injuries can pose certain problems for which you will want a seasoned attorney.
For example, an employer or their insurance company may dispute a workers compensation claim or argue that you were not injured on the construction site, causing a delay in benefits. A workers compensation claim may not provide fair compensation for serious injuries or death, necessitating the additional filing of a personal injury claim, a third party claim, or a wrongful death claim.
If any of these apply to your situation or you are one of the family members of a worker who was fatally injured in a Flint construction accident, a personal injury lawyer in Flint from our law firm can negotiate with the insurance company of the at fault parties and hold them accountable for your losses.
Construction site accidents can result in serious injuries that require adequate and timely compensation and include damages for pain and suffering or wrongful death. We strive to seek justice with fair compensation for your personal injury claim. Call Christopher Trainor & Associates at (248) 886-8650 for your free consultation today.
