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  • Writer's pictureRobert Schuerger II

Know How to File a Lawsuit: Construction Accident in Ohio

Construction is undoubtedly one of the most important industries when considering the importance of the infrastructure that it provides. Sadly, many of the workers who are essential in the realization of these projects will find themselves with mild to serious injuries as they work on construction sites.


Depending on the severity of the injury, it could mean serious alterations to the lives of the injured party and their loved ones. The recourse that is available to these injured employees is not easy to obtain, whether it is that they can go the workers' compensation route or not.


Below is an easy-to-understand collection of information that is meant to provide some insight into what the process may look like.


Construction Accident Types

Construction Accident Types


Window Washer Accidents

The building in question could be a tall office structure or even a home. In any case, window cleaning accidents do happen, and they are sometimes fatal, which leads to a scenario where a wrongful death claim may be at play. Hoist and ladder mishaps are often to blame, but there can also be unsecured anchors or power lines that are troublesome.


Dangerous Equipment

Many of the impressive projects undertaken by construction workers require heavy equipment, which is dangerous. Things get even worse when that equipment is defective. Maintenance is a crucial part of ensuring that these tools work consistently. It's also essential that adequate training takes place to ensure that their users are capable of operating them.


Welding Accidents

Toxic chemical exposure, burns, shocks, and more are some of the occupational safety hazards that come with being a welder. Of course, there is also the very worrisome arc eye or welder's flash that comes from retina damage associated with UV radiation.


Crane Accidents

Just under 50 persons are killed in the United States alone from crane-related accidents annually. There are so many things that can go wrong on a construction site where cranes are concerned. However, the bulk of the accidents will be related to cables, unsecured loads, boom/jib strikes, or crane collapses.


Slip and Falls

These cases can happen to general contractors or those who may be hired by a construction company. Regardless of where a person is employed, they do have the right to be in a safe work environment. Hazards are supposed to be taken care of, whether they be broken staircases, slippery surfaces, or other potential dangers.


Wall and Roof Collapse

Roof and wall collapses rank as some of the most dangerous accidents that are possible on a construction site. They will typically happen when buildings are being renovated, demolished, or when the structures are unfinished. The resulting injuries from these occurrences will often be extremely catastrophic. In some cases, there will be multiple workers who are seriously injured.


Electrical Accidents

Power tools are a common part of a standard construction site, as are live wires. It stands to reason that these come with a laundry list of safety guidelines, and unfortunately, they are often ignored. Sometimes, it is on the company, and in other cases, reckless employees are at fault. The result may be electrocution.


Roofing Accidents

Both commercial and residential roofers are at a very high risk of dying from accidents on the job. That is because the work that these professionals undertake will be done from great heights. Sadly, even these employees will find themselves in situations where there are no adequate safety measures in place.


Typical Construction Injuries


The kinds of injuries that will usually be present in a construction accident case are varied. They will include:


  1. Bone fractures

  2. Cuts and lacerations

  3. Repetitive strain injures

  4. Head and brain injuries

  5. Surface wounds and bruises

  6. Back injuries

  7. Vision and hearing injuries


Some of these are mild, while others are severe. Injuries that fall under either category may also have temporary or permanent disability implications, which could mean that extensive lost wages could be at play. This is why workers' compensation benefits are so important, and why Ohio personal injury lawyers are great allies to have. They're able to assist with how to file a lawsuit for pedestrian accident in Ohio as well.


The Guiding Principles


Since construction work is so dangerous, the industry is highly regulated from a safety standpoint. Just about anything that an employee can think of is covered by some kind of rule. For example, some policies may govern the kinds of safety equipment to be worn for each task, how to approach the building of a given structure, or even how long workers can go without breaks.


While many of the rules will apply at a federal level, others will vary from one state to the next. The federal rules that are most important come from the Occupational Health and Safety Administration (OSHA).


Rules are present for every kind of construction work, and indicate exactly what employers are expected to do legally to ensure that a safe and healthy workplace is maintained.


What Do Construction Accident Attorneys Aim to Prove?


Winning construction accident cases requires the attorney to prove three main points. First, there is the establishment of who had a legal duty to ensure that the worker who got hurt was to remain safe. It could be the person's boss, an engineer, a machine manufacturer, the city, or even some combination of these.


The next step is to establish that the duty of care was breached. In other words, there needs to be a clear indication of what kind of negligence was demonstrated that led to the accident.


With those matters out of the way, the final task is to establish a connection between the negligence demonstrated and the injury that the employee was made to suffer.


A seasoned Ohio construction accident attorney is adept at meeting these requirements to ensure that victims get the greatest amount of compensation possible.


How Should a Victim Handle an Accident in the Construction Industry?


Medical treatment should always be the priority, and this goes for just about any kind of accident that a victim can be made to suffer. In getting treated, it's all but mandatory to ensure that records of care received are kept safely if there is any intention to be compensated. Keeping track of the time that must be taken off work for medical reasons is also a good idea.


Collect the names and numbers of anyone who witnessed the accident, and this is well complemented by photos of the injury site. The next step is to formally report the injury to the site manager and the employer. Many construction businesses will have reporting procedures documented, so it is best to follow them.


The idea here is to remain in compliance with policies to reduce the likelihood of an employer attempting to deny the claim being made.


What Does a Workers' Compensation Claim Award Include?


Workers' compensation benefits can be pretty far-reaching. They may include payments for vocational retraining, lost wages, medical bills, or disabilities (these may be temporary or permanent and partial or full).


Receiving the said benefits requires the victim to show that the injury occurred while the duties of the job were being performed. Additionally, it must have been caused by something related.


Third-party Construction Accidents Have Their Dedicated Process


While some injuries will occur on the job, whatever caused them may have been unrelated. For example, imagine a case where a worker is moving debris to a disposal site by hauling them away. While this is happening, a driver is negligent and hits the worker.


In that case, the worker was doing the assigned job, but what caused the injury wasn't the fault of the employer or any associated party.


Therefore, a personal injury lawsuit will need to be filed against the negligent party that is responsible for the accident.


How Do Injured Construction Workers File a Workers' Compensation Claim?


As indicated before, ensure that medical attention is sought and that records of treatment are well kept. The Ohio Bureau of Worker's Compensation (BWC) is important here, as the doctor that is being used must be approved by the body.


With the treatment underway or completed, report the matter to the employer and file a claim with the BWC, using the dedicated form available.


The BWC will then determine whether the victim is to be awarded workers' compensation or not within 28 days of the report being filed.


Why Are Ohio Construction Accident Lawyers Beneficial?

Why Are Ohio Construction Accident Lawyers Beneficial?


Employers will sometimes want to unfairly deny claims to get out of having to compensate their employees. However, a qualified attorney can recognize and help to thwart these attempts. Additionally, lawyers are very good at valuing claims, which means they help victims collect the maximum amount possible depending on the factors at play.


Remember too that third-party claims exist, where external factors cause the accident while duties are being performed. Personal injury attorneys assist greatly in holding negligent parties accountable.


Schedule a Free Consultation Today with an Experienced Ohio Construction Accident Lawyer!


When you find yourself on the wrong side of a construction accident, you need the assistance of a qualified attorney. Let Schuerger Shunnarah Trial Attorneys go to war for you!

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