There’s a reason why the job outlook for construction workers is expected to increase by 4% over the next decade. Our country is in a housing shortage so investors are ramping up construction projects.

The nation relies on these workers to construct new homes, apartments, and other developmental projects. While the construction industry is necessary and lucrative, it can also be quite dangerous.

This is true not only for workers but also for pedestrians and bystanders near construction sites. The good news is that construction accident law protects both of these parties in the event of injuries.

But how does liability work in construction accidents? And how can a construction accident lawyer help you? In this guide, we’ll answer these questions so you have a better idea of your claim options.

What Is Construction Accident Law?

Construction encompasses the legal framework (which includes laws and regulations) that surround safety in construction sites. This legal framework applies to construction workers and employers, but also pedestrians visiting or passing by construction sites.

These laws are essential because construction sites can be dangerous places. It’s estimated that struck-by injuries in construction result in an estimated 150 deaths and 14,000 injuries each year.

And that’s just that specific construction site injury! It’s not counting the countless other ones related to construction site safety. As such, employers need to be held accountable when it comes to creating a safe work environment.

This applies both to the work environment itself and employee training. And, if someone is injured due to an oversight, it’s up to the employee to provide the appropriate compensation.

Construction job injury law ensures that people have a legal way to get the compensation and damages they need when injured on-site.

What Rights Do Construction Workers Have?

Certain employers might try to manipulate workers into thinking they don’t have rights. However, the reality is that construction accident law ensures that certain rights need to apply to all workplaces.

That starts with the right to a safe work environment. As we mentioned, these are dangerous environments. As such,  OSHA regulations require employers to protect the places of employment of anyone who works for them.

As a worker, you also have the right to adequate training. Improper training can create dangerous working conditions both for the worker and other employees.

As such, you need the proper training and certification for whatever role you’re in. If you’re injured on the job, you have the right to workers’ compensation. Your employer must carry these benefits.

Lastly, workers have the right to report any safety violations without fear of losing their jobs or demotion. What’s more, they can also seek legal representation to protect their rights.

How Does Liability Work in Construction Accidents?

Liability in construction accidents can sometimes be tricky to navigate. Most of the time, it can be traced back to the employer or general contractor. It’s their responsibility to prevent accidents on work sites.

However, the general contractor likely hires other subcontractors for specific construction tasks. Sometimes, a subcontractor will be responsible for the accident. In these cases, you’ll need to read the subcontract document to see who’s assigned liability: the general contractor or subcontractor.

Other times, an accident might be the fault of an equipment manufacturer who sold damaged equipment. It’s important to establish who is liable for the accident because it will dictate how you seek damage recovery.

For example, if it’s no one’s fault or your employer’s, you might want to seek workers’ compensation.

It also might be more appropriate to file a personal injury lawsuit against the guilty party. We recommend consulting with a construction accident legal expert to decide which option is right for you.

Does Construction Accident Law Protect Pedestrians Too?

Yes, construction accident law applies to pedestrians as well. There are two main situations where this occurs. The first is when a pedestrian is harmed because the employer didn’t follow safety precautions.

One example of this might be if an individual is hit by falling objects because the site wasn’t fenced off or improper employee training. Or if someone is visiting the construction site without wearing proper PPE.

The second situation is when a car accident occurs because the roads are improperly marked or dangerous. This is often the case in highway or road construction zones.

In these situations, we recommend asking your questions to someone who specializes in car accident law and construction accident law.

That’s because there were likely other drivers involved, so knowledge of car accident law is essential for presenting your case.

How Can a Construction Accident Law Firm Help You?

Law firms that specialize in construction accidents laws can use their knowledge and experience to give you valuable legal advice. Sometimes if there isn’t enough evidence to support your case, workers’ compensation might be the best option.

Other times, a personal injury lawsuit can provide you with the money you need to cover all your present and future damages. Regardless of which option you choose, these legal experts can help you maximize your compensation.

Calculating your damages can be a challenge, especially when calculating future medical expenses, lost wages, and pain & suffering. Most importantly, your accident injury lawyer will be there to guide you through the entire legal process.

They’ll ensure you file everything appropriately while dealing with all of the stress that can come with a lawsuit.

Just make sure you’re choosing a law firm that deals specifically with construction accident law. Regular personal injury firms might not have the knowledge or experience that’s required to deal with these cases.

Get Professional Legal Help After a Construction Site Injury

We hope this guide helped you learn more about how construction accident law protects both injured workers and pedestrians alike. Here at Kearney, Freeman, Fogarty & Joshi, PLLC we have decades of experience with construction accident law.

We know exactly what to look for when investigating these types of accidents. Your construction accident lawyer will use their knowledge of premise liability laws to get you the compensation you deserve.

Get in touch with us today to receive the legal help you need for your accident.