Tennessee Personal Injury Law: Construction Related Injuries
One of the most dangerous occupations available to persons living in the state of Tennessee, as well as other areas across the United States is construction employment. There are an enormous variety of things that can go wrong with both the unstable environment of a construction zone, as well as the countless types of heavy equipment used to facilitation the operations. Machines are often the culprits of damage to all parts of the body, and accidents that happen in the construction zone can lead to permanent impairment for victims, and even fatalities leading to death.
A study conducted in 2011 by The Occupational Safety and Health Administration, or OSHA, reported nearly five thousand (5,000) injuries to employees performing construction related jobs. Of this population, nearly eighteen percent (18%) of those harmed in such situations acquired fatalities that resulted in death. However, the most startling statistic is that construction job incidents account for a whopping twelve percent (12%) of all work related injuries reported to be fatal.
Construction Injury Rights
There are two courses of actions available to construction employees who are victims of injury-causing accidents while on the job. The first is a “workers’ compensation claim. This method of filing for damages is an option for employees injured in all types of work environments, including but certainly not limited to the construction zone. Employers are required to have insurance that covers injuries to workers, so that victims who provide evidence demonstrating how exactly they were harmed in the workplace can receive benefits under workers’ compensation.
The second method of securing compensation is for victims to file a “third-party claim.” This route is advised to those who are injured on the job as the result of another party’s fault besides the actual employer. Construction related injuries, for instance, often occur due to a fellow employee’s failure to secure safety precautions for a zone under operation, leading to exposure of flammable chemicals or insufficiently ventilated workspaces. Product liability is another factor that might call for a third-party claim, for cases in which a victim is injured due to a malfunctioning tool or material while performing work tasks.
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Factors Leading To Construction Related Injuries
There are countless reasons why one might be injured in any place of work where equipment is used by employees, or physical labor is involved. Construction jobs are especially prone to injury-causing incidents. Factors that can cause harm to employees in a construction zone include, but are not limited to:
- Failure to abide by proper safety requirements.
- Untrained or inexperienced employees.
- Insufficient provision of warnings for dangers in the work environment.
- Product liability situations, in which equipment or other products malfunction or are defective.
- Failure on behalf of an employer to provide adequate supervision for dangerous operations.
- Failure on behalf of employer or relevant employee to secure a safe work environment by allowing exposure to harmful chemicals or vapors, and in some cases, fires and explosions.
- Unstable work environments, or obstacles such as holes, rebar that is exposed, or other circumstantial qualities of a construction site.
- Failure to use adequate equipment to ensure safety.
- Insufficient lighting in areas where construction is taking place.
- Unorganized materials, equipment, or construction related debris.
Pursuing Legal Action For Construction Injuries
Victims of injuries, or loved ones of victims who have suffered fatalities, are advised to seek medical attention before any other action is taken – even if the victim in question is unsure whether they are covered by insurance. Any questions put to the victim by the hospital staff or police officials should be answered honestly with as much detail as possible. Also, incidents must be reported to an employer or relevant authority at the soonest possible moment, so that witnesses are available to assure the date and time of the accident.
Furthermore, any other witnesses should be consulted and contact information between them and the victim should be exchanged. Photographs and other such evidence that would help prove that the accident happened the way that the victim claims it happened should also be gathered as soon as possible. When pursuing legal action for a construction related work injury, one should also be as discreet as possible, and refrain from using social media or other such means to publicize information about the incident.
Legal Representation For Construction Accidents
Contact our offices if you or a loved one has been harmed as the result of an injury occurring on the job in a construction zone accident. Our team of attorneys has the experience, connections, and resources best suited to secure the largest possible settlement for victims in a wide variety of circumstances. The sooner you gather your evidence, the stronger your case is, so you shouldn’t wait! Set up an initial consultation with one of our skilled lawyers, and get on track towards reaching the resolution that you or your loved one deserves.