Louisville Construction Accident Lawyer
Construction sites are by their nature hazardous locations. This is one reason why you often see danger signs posted and you typically see workers wearing hard hats and other safety gear. Construction sites are hazardous to employees and to those who are simply walking past a site as well. The Louisville construction accident attorneys at our Kentucky law firm are skilled and experienced in handling these types of claims. Contact our law firm today for a free case consultation.
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Common Construction Accidents in Kentucky
OSHA has very strict construction site safety requirements but some accidents occur at construction sites regularly. Injuries can range from relatively minor injuries to serious injuries and even death. Some types of employee construction accidents include:
- Scaffolding accidents – a poorly constructed scaffolding could collapse while worker is trying to work from it. The results can be serious back injuries, traumatic head injuries or even death.
- Malfunctioning tools – sometimes tools have manufacturing defects or are being operated by an unskilled operator. The results can be bruising, puncture wounds or in serious cases, death.
- Slip and fall – construction sites are a maze of tools, supplies and people. Hazards must be properly flagged to allow workers to avoid accidents whenever possible. In addition, it is possible that oil, paint or other wet substances can be spilled and not cleaned up immediately which can cause serious injuries.
Construction Site Injuries to Louisville Pedestrians
You may think that only those working at a construction site are at risk for personal injury. However, this is seldom the case as most construction sites are in locations where a pedestrian or a car operator may have to pass. While construction sites are typically posted as “pass at your own risk” this is not enough to excuse any accidents that occur. Pedestrians and auto drivers may be at risk from:
- Falling debris – most construction sites offer some passage to pedestrians via a walkway. These walkways are not free from hazards in spite of being surrounded by some form of barrier. These areas may still be dangerous since debris can fall from the upper levels of the construction site and injure pedestrians or fall on a passing vehicle causing an accident.
- Barrier hazards – barriers to prevent pedestrians from passing an area may mean a pedestrian needs to walk in the street which could result in being struck by a car. In roadways, a poorly placed barrier can cause serious car accidents.
Construction Accident Statistics
According to the United States Department of Labor, over 25% of fatalities that occurred on the job in 2016 were in the construction industry. Below are a few statistics which show the types of construction accidents and fatalities that were recorded in both Kentucky and the nation. In hopes of encouraging workplace safety, we hope this information encourages everyone – especially employers – to take the necessary caution to prevent unnecessary construction accidents from happening.
2016 Kentucky Construction Accident Statistics
- According to the Bureau of Labor Statistics (BLS), in 2016 there were 102 fatalities in construction and extraction occupations in Kentucky.
- Of those fatalities, 35% were the result of slip and fall accidents.
- Nine fatalities were the result of exposure to harmful substances or environments.
- Six fatalities were the result of contact with objects and equipment.
- The fatal injury rate in 2016 for construction jobs was 18.5 for every 100,000 full-time workers.
2015 Kentucky Construction Accident Statistics
- The KOSHS reports that there were 28 construction fatalities in Kentucky in 2015.
- Of those fatalities, five were caused by transportation incidents.
- Eight fatalities resulted from falls, slips and trips.
- Seven fatalities were the result of exposure to harmful substances or environments.
- Four fatalities were the result of contact with objects and equipment.
- The fatal injury rate in Kentucky in 2012 was 16.5 out of every 100,000 construction workers.
2014 Kentucky Construction Accident Statistics
- According to the BLS, there were 20 fatalities in the construction industry in 2014.
- Of those fatalities, nine were the result of transportation incidents.
- Five fatalities were the result of contact with objects and equipment.
- The 2014 fatal injury rate in Kentucky for construction work was 8.7 for every 100,000 workers.
2016 National Construction Accident Statistics
- There were 1,034 fatalities in the U.S. in the construction industry.
- Of those deaths, over 50% were caused by what the BLS terms the “Fatal Four” – falls, struck by object, electrocution and caught-in/between accidents.
- Falls accounted for 302 of the total deaths in 2016, or 36.5%.
- Struck by object accidents accounted for 100 of the total deaths, or 11%.
- Electrocutions were responsible for 82 deaths, or 9%.
- Caught-in/between accidents accounted for 21 deaths, or 2.5%.
2020 National Construction Accident Statistics
- According to the Bureau of Labor Statistics (BLS), in 2020 there were 308 fatalities among construction laborers in the United States.
- Of those fatalities, 11.9% were the result of slip and fall accidents.
- 60 fatalities were the result of exposure to harmful substances or environments.
- 75 fatalities were the result of transportation accidents.
What Should I Do After a Construction Accident?
There are various steps that you or a loved one can take after a construction accident occurs:
- Seek medical attention. Your priority after sustaining a workplace injury is to seek medical treatment. You need to go to the emergency room or your primary care physician for a full evaluation of your injuries. Even if you do not feel much pain right away, please understand that establishing a link between the incident and your injuries is important when it comes to recovering compensation.
- Gather evidence. If possible, you can begin to gather some evidence at the scene of the incident. If you are able to do so, this can include using a camera or a phone to take pictures of the causes of the incident, injuries, and any immediate safety violations. If there were any eyewitnesses to the incident, their names and contact information should be written down quickly.
- Report the incident. Any construction accident injury needs to be reported to a foreman or supervisor as soon as possible. There are various reporting deadlines in place, and reporting the injury helps cover your bases when it comes to filing your claim later on.
- Call a lawyer. We encourage you to call a Louisville construction accident lawyer as soon as you’re able to do so for a free consultation. Your attorney can help point you in the right direction toward recovering the compensation you need.
- Continue medical care. Workplace injury victims in Louisville should continue all medical treatments recommended by their doctor. Discontinuing care before a doctor recommends doing so could jeopardize your overall injury claim.
What Compensation Can I Recover?
It can be challenging to understand what types of compensation may be available after a construction accident in Louisville. First, we have to analyze whether or not this will be a workers’ compensation claim or if there will need to be a third-party personal injury lawsuit against an at-fault party.
Individuals protected through workers’ compensation benefits will be able to receive 100% of their medical expenses related to the workplace injury. Additionally, injury victims could receive up to two-thirds of their lost wages if they are unable to work while recovering, and there is a possibility for longer-term compensation in the event a disability occurs.
If you file a third-party personal injury lawsuit and are successful, this opens the door to both economic and non-economic damages.
Economic damages refer to calculable expenses individuals are likely to incur, and this includes medical bills. However, through a lawsuit, individuals may be able to recover compensation for all of their lost wages, not just a portion. Additionally, other types of economic losses, such as out-of-pocket expenses, property damage expenses, and more, may also be available.
Non-economic damages refer to less calculable expenses injury victims typically incur as a result of a construction accident injury. This includes the victim’s physical and emotional pain and suffering as well as compensation for their loss of quality of life damages.
Do I Need a Louisville Construction Accident Lawyer?
It can be confusing when it comes to knowing whether or not you need an attorney after a construction accident. Unfortunately, construction companies, insurance carriers, and their legal teams often put up a fight from having to pay fair compensation. Regardless of whether or not you are working to recover compensation through a workers’ compensation claim or as a result of a civil lawsuit, we encourage you to reach out to a skilled work injury lawyer as soon as possible.
Your construction accident attorney will play a multifaceted role in these situations. Not only will they conduct a complete investigation into the incident, but they will handle all communication with other parties involved. This includes any negotiations needed to help you recover fair compensation. While investigating the incident, your attorney will ensure you are evaluated by trusted medical and economic experts who can help calculate your total expected losses.
OSHA’s Top 10 Standards Violations
The Occupational Safety & Health Administration lists the top ten standards violations for the year. Unsurprisingly, these violations tend to overlap areas construction’s Fatal Four. These fatal four, as stated by OSHA, are areas where the construction industry can improve and save hundreds of lives a year in the industry. The top ten violations are:
- Fall protection, a construction standard
- Hazard communication
- Scaffolding, a construction standard
- Respiratory protection
- Powered industrial trucks
- Lockout/tagout
- Ladders, a construction standard
- Electrical wiring
- Machine guarding
- Electrical systems design
Construction site accidents in Louisville, Kentucky tend to increase any time there is a construction boom. The Louisville construction accident lawyers at our Kentucky law firm can help you navigate the legal process if you’ve been injured. If you were injured either as a worker or someone trying to pass a construction site on foot or in a vehicle, you should contact a Louisville personal injury attorney at Meinhart Smith & Manning PLLC for a free consultation to evaluate your specific injury case.