Although Iowa is considered "safe" for construction workers, this industry still reports many accidents each year. The estimated fatal injuries per 100,000 employees was 4.9% in 2022, for example.
These numbers show that many construction workers get involved in workplace accidents each year, so they're at risk of sustaining serious injuries or even losing their lives.
In Iowa, construction site accident victims and affected family members may have the right to recover compensation for their medical bills, financial losses, and other damages. However, it's necessary to prove fault. This guide contains valuable information on what to do in these unfortunate situations. Tom Fowler Law can also explain how to prove fault in a pedestrian accident in Iowa.
Common Causes of Construction Site Accidents in Iowa
Construction sites are inherently dangerous environments, and accidents happen due to various factors. Some of the most common causes include:
Electrocution: Contact with electrical wires or equipment without the appropriate protective gear can lead to severe injuries or even death.
Falls from heights: These incidents can occur when workers aren't properly secured or when scaffolding or ladders are unstable. They're a leading cause of construction site fatalities.
Explosion or fires: Improper storage and handling of flammable materials and equipment can increase the risk of explosions and fires.
Exposure to hazardous chemicals: Construction workers may be exposed to several dangerous substances, including solvents, paints, and adhesives, which can cause serious health problems if not handled correctly.
Tool and machinery accidents: Improper use or maintenance of tools and machinery can result in accidents.
Collapsed structures: Structural failures can occur due to design flaws, inadequate materials, or overloading.
Falling objects: Objects falling from heights can injure people on the ground or those working above. If workers aren't aware of their surroundings or don't wear appropriate protective gear, they can sustain severe injuries.
Construction vehicle accidents: These crashes often involve heavy machinery and vehicles, such as trucks and cranes, when not operated safely.
Struck-by incidents: Workers can be struck by moving objects, such as falling tools or equipment, or by vehicles if there are no proper signage or safety procedures in place.
Common Injuries in Construction Sites
Construction site accidents can result in multiple injuries, which can range from mild to severe. These are some examples:
Spinal cord injuries
Head injuries, such as traumatic brain injuries
Broken bones
Burns
Back injuries
Hearing loss
Respiratory problems
How to Seek Compensation for Medical Expenses and Other Damages in a Construction Accident Case
If someone has been injured in a construction accident, they may be entitled to compensation for their medical bills, lost wages, and other damages.
Below are some options for workers seeking compensation:
Workers' Compensation Claim
Construction employees whose injuries occurred on the job may be eligible for workers' compensation benefits, including:
Medical expenses
A portion of lost wages
Temporary disability benefits
Vocational rehabilitation
Death benefits
However, workers' compensation coverage is often limited, and the injured party may not be able to recover additional damages.
Personal Injury Lawsuit
In some cases, injured construction workers may be able to file a personal injury lawsuit against the party responsible for the accident, such as the employer, a contractor, or a property owner.
To win personal injury cases, victims must prove that the defendant was negligent and that their behavior caused their damages.
Defective Product Claim
If the injury was caused by a defective piece of equipment, construction workers may be able to file a product liability lawsuit against the manufacturer or seller.
Wrongful Death Lawsuit
Sometimes, construction workers die as a result of a workplace accident. In these cases, their family members may have the right to file a wrongful death lawsuit under personal injury law.
This type of lawsuit seeks compensation for the loss of financial support and emotional distress caused by the death of the worker.
How to Prove Fault in Construction Site Accidents
Proving fault in a construction site accident can be complex, but it's essential for obtaining compensation. The most common legal theory used in these cases is negligence.
To prove negligence, injured construction workers must show that the defendant had a duty of care, breached that duty, and caused them harm as a result.
These are some examples:
An employer violated safety regulations or industry standards
A manufacturer or seller failed to withdraw a defective piece of equipment from the market
A subcontractor or property owner failed to create a safe environment for construction workers
What Should Injured Workers Do After a Construction Site Accident?
If someone is injured in a construction site accident, it's important to take immediate steps to protect their rights and seek compensation. These include:
Seek medical attention:Â Get immediate medical attention and treatment, even if they don't believe they've sustained a serious injury, as this can help prevent complications.
Report the accident:Â Notify their employer and any relevant authorities about the accident.
Gather evidence:Â Collect any evidence related to the accident, such as photos, witness statements, and medical records.
Consult with an attorney:Â Personal injury lawyers can advise victims on their legal options and help them build a strong case.
Why Is It Necessary to Seek Help From Personal Injury Attorneys?
While someone can choose to handle a construction accident case on their own, it's highly recommended to seek the help of a personal injury attorney in Des Moines.
Lawyers have the experience and knowledge to navigate the legal process, defend victims' rights, negotiate with the other party's insurance company, if required, and maximize the compensation an injured worker can recover. They also can advise on how to prove fault for a slip and fall in Iowa.
What an Experienced Personal Injury Lawyer Can Do
A personal injury lawyer can provide invaluable assistance in a construction site accident case by doing the following:
Helping Victims Explore Their Workers' Compensation Benefits
As mentioned, injured construction employees may be eligible for workers' compensation benefits. A personal injury lawyer can help them understand their rights and options regarding this coverage.
Investigating the Case and Gathering Evidence
Personal injury attorneys can conduct a thorough investigation, which is crucial for proving fault in a construction site accident case. This may involve:
Inspecting the accident scene to identify potential hazards or safety violations.
Interviewing witnesses and gathering statements from anyone who saw the accident or has relevant information.
Obtaining testimony from experts in construction safety or accident reconstruction.
Examining relevant documents, such as safety manuals, inspection reports, and maintenance records.
Filing Personal Injury Claims on Behalf of Injured Workers
Once the investigation is complete, a personal injury lawyer can file a lawsuit against the responsible party. The complaint will outline the facts of the case, the legal claims, and the damages sought.
Negotiating with Insurance Companies to Settle the Case
Insurance companies may offer to settle the case without going to trial. In these cases, attorneys can handle negotiations to secure a fair settlement for injured workers.
Final Thoughts
Construction site accidents can have devastating consequences. Therefore, it's essential for victims to seek legal advice and explore all their options for obtaining compensation.
Fortunately, a skilled personal injury lawyer from Tom Fowler Law, located in Des Moines, Iowa, can help victims navigate the legal process and maximize their recovery.
Do you need help with your workers' compensation or personal injury claim? With expert legal representation, you can protect your rights and seek justice. Contact us today and schedule a free consultation!
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