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November 30, 2020

What You Should Know About Construction Accidents

Construction accidents result from poor management and lead to serious injuries and fatalities. Construction companies must assign a foreman to oversee the entire construction project and avoid injuries for workers and residents. The project type defines what federal laws apply to the workspace and how to prevent unauthorized access to the work zone. Federal laws require proper barricades, signs, and warnings for anyone coming near the construction zone. Any failure to warn the public or to secure the workers makes the construction company owner liable for all injuries. Reviewing what victims should know about construction accidents helps them prepare for their injury claims.

Providing Safety Equipment for Workers

The construction company owner must provide personal protective equipment for all workers according to each worker’s role in the project. The structure type defines any additional safety gear required for the project. When assessing the project, the owner must test all risks to the workers and providing all necessary equipment for mitigating worker-related injuries at the off-site work zone. Any failure to provide adequate safety gear makes the owner liable for all worker-related accidents. Workers who were injured while performing construction duties can get in touch with injury lawyers from Jacoby & Meyers right now.

Worker’s Compensation Claims for Injured Workers

Worker’s compensation claims for injured workers must be processed according to the current federal and state laws. This requires the construction company owner to send the workers to an emergency room immediately for medical treatment and full assessment. The doctor must send the medical report to the insurer to get coverage for the worker. The severity of the worker’s injuries defines if the worker is eligible for replacement wages and continued medical coverage for their treatment. If any worker is injured on the job and denied coverage, the worker could sue the employer and the insurer to receive these benefits. If the claim wasn’t processed correctly, the employer could be liable for failing to comply with federal regulations.

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Setting Up a Perimeter Around the Work Zone

Federal laws require all construction companies to define the perimeter of the work zone and set up a barricade to prevent unauthorized individuals from entering the space. This requires fencing with adequate locking mechanisms around the entire work zone. The foreman must ensure that the gates are locked and everyone has left the workspace as required by the company or client. Surveillance may be needed to track any unauthorized individuals who try to enter the workspace illegally. According to personal injury laws, any victim that committed a crime during or just before sustaining their injuries is not eligible for compensation. Under these rulings, the individual caused their injuries by entering the construction zone without permission.

Signs Leading Up to the Construction Site

Signs must be outside the construction site to warn passersby about the dangers of entering the area. There must be signs leading up to the construction zone starting at 1,500 yards, and a progression of signs should identify the distance for drivers who are approaching the construction zone. This warns the public of possible risks if they enter the roadways nearby the construction zone. The signs must have 10-inch letters printed in black paint or ink. A failure to set up the signs makes the construction company liable for any injuries sustained by anyone entering the roadways near the worksite.

Issuing Public Notices for Using Explosives During Demo

Federal laws require the construction company to publish an advance notice in the newspaper explaining to residents about all demolition projects in their area. If the construction company intends to use wrecking balls or explosives to demolish an existing property, the company must warn the public. There must be signs showing the use of explosives around the entire perimeter of the worksite. If the company doesn’t warn the public or place these signs around the work zone, the construction company is liable for any injuries resulting from the demolition or the explosives the company used.

Was the Victim Trespassing?

Accident victims cannot break the law and still get compensation for their injuries. The personal injury laws eliminate any victim that committed a crime. Trespassing on a construction zone forfeits any right to compensation. Breaking into the worksite constitutes breaking, and the victim will face criminal charges for the infraction. This is why construction companies are urged to set up surveillance systems around the entire worksite and hire security guards to monitor the entire space.

Following Traffic Laws for Road Construction

When constructing roadways, the construction company must have signs identifying the entire area where road construction is conducted. Signs must warn drivers who are approaching the area according to miles and yards. A pilot truck and on-site workers must use signs and warnings to show drivers where to go to get around the affected section of the road. Any driver that doesn’t obey the signs and warnings is at fault for their injuries. However, if the construction company doesn’t use proper signs, a pistol truck, and workers to guide traffic, the company owner is at fault for all accidents and injuries.

Falling Debris and Accidents Outside the Barrier

In construction zones, there is also a risk of falling debris that could cause injuries and property damage. All construction companies must get permits and approval from the city or county before starting any construction or demolition projects. A failure to get permits and approval makes the company owner liable for any injuries or property damage that occurs. The owner will also incur fines for failing to obey city or county ordinances.

Construction accidents could occur anytime and without warning. Foremen are assigned to the construction zones to mitigate known risks and keep the workers and residents safer. Company owners must provide proper PPE for all workers and follow federal laws when setting up and designing the construction zone. The construction companies must follow safety precautions to prevent injuries involving their workers and anyone travel around the construction site. Learning more about construction accident laws helps victims start a claim.

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