Construction Accident Frequently Asked Questions

What are the most common types of injuries in a construction accident?

Construction accidents occur for a variety of reasons as the industry itself accounts for 8.5% of all injuries that result in lost days of work. Be it negligence by the employer, product defects, or failure to abide by safety policies, most construction site injuries can be avoided. The most common types of injuries in a construction accident are:

• Injuries caused by defective equipment
• Injuries resulting from a failure to follow safety protocols
• Blunt trauma caused by falling objects
• Slip and fall injuries
• Traumatic brain injury
• Hearing loss
• Amputations
• Vision loss
• Injuries resulting from detonations, implosion, and explosions
• Toxic chemical exposure
• Scaffolding injuries
• Spinal cord injuries
• Ladder injuries

Despite the pervasiveness of these injuries, studies suggest that more than 25 percent of construction workers have failed to report a work-related injury. Have you been injured at a construction site or lost a loved one in a construction site accident? Contact a construction accident lawyer at Regan Zambri Long to discuss your personal injury claim.

What are the Fatal Four?

The Fatal Four Hazards as determined by the Occupational Safety and Health Administration (OSHA) are falls, struck-by, caught-in/between and, electrocutions. In 2019, OSHA estimated the follow construction site fatalities by situation:

• Falls: 338 fatalities (33.5%)
• Struck-By:112 fatalities (11.1%)
• Electrocutions: 86 fatalities (8.5%)
• Caught In/Between: 55 fatalities (5.5%)

Further, 20% of workplace fatalities occurred in the construction industry for that same year.

How do Construction Accident Injuries Differ From Premises Liability Injuries?

Though both construction accidents and premises liability situations result in injury, the specifics of the law vary.

Under premises liability law, a person must enter a piece of property and then become injured by a dangerous condition on that property. Further, the type of property where the injury occurs will change the level of reasonable care the property owner owed to the injured party.

However, construction accidents have more specific parameters and occur when other construction workers, tools, equipment, etc. create or cause the dangerous condition that causes the injury. It is important to contact an experienced construction accident attorney to discuss your personal injury case.

How are damages calculated in construction accident cases?

Depending on the damages owed in a Washington, DC construction accident will determine how it is calculated. The two main types of damages that an injured party may receive in a construction accident are economic and non-economic damages.

Economic Damages

Economic damages awarded in construction accidents include funds for medical bills and lost wages. These damages are calculated by the cost of the injured parties’ prior medical bills, the cost of their future medical needs, and lost wages from the date of the accident up to the date of the verdict. Should the injured not be able to return to work, they can also be awarded the present-day value of future lost wages.

Non-Economic Damages

Non-economic damages and compensatory damages are those which apply a monetary value to the pain and suffering experienced. This is determined by a jury.

Though economic and non-economic damages are the most common, the injured may also seek punitive damages.

Punitive Damages

If the construction site was aware of violations and had already been cited for those on multiple occasions, but failed to remedy the issue, leading to the injury of another, punitive damages may be sought. These aim to punish the defendant.

What is contributory negligence in construction accidents?

Washington, DC is a contributory negligence jurisdiction, making it challenging for construction accident victims to recover damages in certain situations. In essence, if the injured party had any fault in the accident in the absence of an OSHA violation, they become ineligible to recover compensation from the construction site.

However, the caveat to contributory negligence is that if there is an OSHA violation, contributory negligence becomes inapplicable, and does not factor into an award that a jury could give. It does, however, factor into the value of the settlement but not into a jury’s determination.

What should I do if I’ve been in a construction accident?

If you have been involved in a construction accident, you need to take the following steps to protect yourself now and in the future:

• File an accident and injury report with your employer. Be sure to obtain a copy for your own records and include the location, time, and details of the accident.
• Receive medical attention. This will be the start of your record of care received and injuries sustained as well as medical expenses.
• Create a record of any individuals who were at the scene of the accident who witnessed its occurrence. This includes coworkers or bystanders.
• Gather evidence. From photos to videos, even physical evidence like preserving the equipment that malfunctioned, will be imperative to your construction accident lawsuit.
• Do not admit fault. Until the investigation is complete, the true cause of the accident cannot be determined.
• Don’t rush. Do not sign any settlements or agreements or speak to the insurance adjuster until you’ve secured a lawyer.  There may be other property owners, subcontractors or workers responsible for causing your injury, your construction accident lawsuit will list one or more defendants as being responsible.
• Contact a construction accident attorney. 

What are other causes of construction accidents?

Besides the Fatal Four, there are several ways a construction worker can be hurt. Insufficient safety practices, dangerous and faulty equipment, poorly trained construction workers, and hazardous conditions can create a catastrophic construction site accident.

Construction workers can suffer serious injuries due to:

• Ladder accidents
• Scaffolding accidents
• Fires or explosions
• Slip and fall accidents
• Construction vehicle accidents
• Supervisor negligence
• Trench collapse
• Repetitive motion injuries
• The construction worker’s own physical fatigue

What is a third-party construction accident claim?

Many construction workers will be covered under workers’ compensation if they are injured on the job. However, there may be two problems with collecting workers’ compensation if you are injured on a construction site. The first problem will depend on the severity of the injury. If your injury is severe enough and will need long-term care, workers’ compensation may not cover the medical expenses necessary. The second problem is if you are working as a general contractor, then you may not be legally entitled to workers’ compensation benefits.

The Regan Zambri Long construction accident attorneys will work with you to help determine if you can pursue a third-party personal injury claim. A third-party personal injury claim may be filed against the company you are working for, the manufacturer of any equipment that led to your injury, or the individual who is directly responsible for your injuries.

Third-party claims are tricky and can be complex, which is why you need to reach out to the Regan Zambri Long construction accident lawyers as soon as possible. An expert legal advocate will be able to protect your rights and secure the compensation you deserve.

What is the role of a construction accident lawyer?

Having legal counsel during the claims process is not mandatory, but it is your best chance to win fair compensation. Insurance companies are like any other business – they want to save money. They will constantly look to lowball you in a settlement offer. With a Regan Zambri Long construction accident lawyer by your side, we can make sure that doesn’t happen.

With Regan Zambri Long, you will have an entire legal team working on your case. We will use our knowledge of the laws, and various insurance policies, as well as expert witnesses, company records, medical records, and eyewitness testimony to prove your case. While you focus on getting your life back on track following a devastating construction accident, your lawyer will:

• Determine the liable parties for your accident.
• Investigate the cause of the accident.
• Gather evidence, including medical records, medical bills, security camera footage, eyewitness testimonies, and photos.
• Speak with medical consultants to confirm the severity of your injury.
• Document current lost wages, and calculate the wages you will lose in the future.
• Correspond with the insurance companies and the various parties involved in the claim.
• Make sure your paperwork is filed correctly and within the time frame allowed.
• Negotiate a settlement with the insurance company.
• Prepare your case for trial if you receive an unfavorable settlement.

At Regan Zambri Long, we understand the stress you and your family are going through following a devastating accident. Our construction accident lawyers can help lift the burden of the claims process and secure fair compensation.

Can I file a wrongful death claim on behalf of a loved one who was killed in a construction accident?

A wrongful death claim is when the family members of the deceased may sue another party for the misconduct or negligence that led to their loved one’s death. The family members may collect compensation for their loved one’s lost wages, funeral and burial expenses, and loss of consortium (loss of consortium is loss of companionship of a spouse or loss of parental guidance for a child).

The family members allowed to file a wrongful death claim vary from state to state. In Maryland, the deceased person’s spouse, children, or parents may sue for wrongful death. If those members cannot file, then another family member related by blood or marriage may file a wrongful death suit if he or she was dependent upon the deceased’s income.

Virginia and Washington, DC’s wrongful death laws are quite different from Maryland. Only a legal representative or executor may bring about a wrongful death claim in the state of Virginia and the District of Columbia. However, even though the person who files the suit is limited, the beneficiaries of the damages won can be the surviving family members.

The Regan Zambri Long construction accident lawyers deeply understand how painful surviving the loss of a loved one is. You not only have to cope with grief, but with multiple uncertainties about your financial future. Let our construction accident lawyers step in and take the weight of the claims process off your shoulders. We cannot change what happened to your loved one, but we can provide some semblance of justice in the form of compensation.