Wherever you go in the Atlanta area, you are bound to see construction sites. Cranes, heavy equipment, scaffolding, and other inherent dangers are common on construction sites. When negligent behavior occurs on a construction site, this can often lead to catastrophic injuries for those involved. Both workers and bystanders can be seriously injured in construction site accidents, resulting in disabilities, dismemberment, and even death.
If you have been injured or lost a loved one in a construction accident, you need to know your legal rights. You can discuss your case with our legal team during a free case consultation, and we can explain your options for recovery. With over 30 years of experience, the Atlanta personal injury lawyers with the Law Office of Dwayne L. Brown can advise you on a workers’ compensation claim or third-party injury lawsuit. Call us today to get started.
Construction Sites Must Adhere to OSHA Safety Standards
According to the U.S. Bureau of Labor Statistics, 209 people died at work in Georgia in 2022. The most common cause of death, 88 fatalities, was transportation-related accidents. Acts of violence and other instances of injuries caused by people or animals were second, with 38 fatalities. Slips and falls cost 30 people their lives, and 28 people died when stuck or caught by objects and equipment.
The majority of construction accident injuries impact the workers on a construction site, but there are strict safety standards that are regulated by the Occupational Safety and Health Administration (OSHA) and other government entities to reduce hazards on job sites. However, when construction companies take shortcuts to increase profits, they jeopardize their employees’ safety.
Types of Construction Site Accidents We’ve Seen In Atlanta
Construction sites are dangerous by nature. Heavy equipment is used, obstacles litter the job site, and materials are constantly being moved. Safety measures can reduce the risk of injury. When deadlines and budget become more important than safety, shortcuts can lead to serious accidents. Some common construction accidents that are responsible for catastrophic injuries and death include:
- Falls from heights, such as a scaffolding collapse
- Slips, trips, and falls
- Struck by an object, such as falling material
- Electrocutions resulting in shocks, burns, and death
- Caught-in/between, like heavy equipment crushing accidents
- Machinery and equipment accidents, such as crane accidents
- Lack of safety measures and equipment
- Overexertion and repetitive stress injuries
- Fires and explosions
- Toxic substance exposure
While workers are the most likely to be injured by an unsafe construction site, bystanders can also be in danger. If you have suffered injuries in a construction site accident, contact the Law Office of Dwayne L. Brown. Our representatives can review your case during a free case evaluation. Our construction site accident attorney can let you know your options and help you collect compensation for your losses.
We Can Help You File Your Workers’ Compensation Claim
As stated by the State Board of Workers’ Compensation, any business with three or more employees must carry workers’ compensation insurance for them. Workers’ compensation is an insurance policy that your employer contributes to that covers you in the event you are injured on the job. The insurance typically covers two-thirds of your gross income and all of your medical care. Medical care coverage includes travel expenses, such as an ambulance from the job site to the hospital. You may even qualify for vocational rehabilitation.
Qualifying for Workers’ Compensation in Georgia
As long as the injury occurred while you were working on the job, you are qualified to receive workers’ compensation. It should be noted, though, that workers’ compensation does not cover pain and suffering or other non-economic losses. It also means that you may not sue your employer, but there are exceptions. The Atlanta construction accident attorneys with the Law Office of Dwayne L. Brown can review your case and explain if there are any exceptions to it.
Workers’ Compensation Benefits
Benefits typically start after seven days of being unable to work, and they could last up to 400 weeks. However, the severity of your injuries could extend benefits throughout your life. If you recover from your injuries and can return to work, the benefits will end. If your injuries keep you from working at the same level as you once did, your benefits will be reduced based on your income. For families who have lost a loved one, death benefits will be available to the surviving families.
What You Should Do After an Accident on the Job
Depending upon the type and severity of your injuries, you may need to go to the emergency room, but as soon as possible, report the accident to your boss. For your healthcare, you will have to see a doctor approved by your workers’ compensation insurance. Your employer can provide you with options.
Completing the WC-14 and Filing It With the State Board
Since you will be dealing with your recovery, our construction accident law firm can step in and help complete your WC-14 and file it with the state. We can:
- Investigate the accident, take photos of the accident scene and your injuries, and interview witnesses
- Gather your medical records, speak with your doctors about your diagnosis and the treatments you are facing
- Consult experts on your injuries and future prognosis, which often prove pivotal to the success of your claim
- Identify the parties responsible for your injuries, whether it was another worker or a defective product or material
- Determine a fair settlement value for your injuries
- Negotiate with the liable parties and their insurance companies
- Speak on your behalf to the board if there are any questions on the value of benefits.
Our goal is to help you recover with as little stress as possible.
We Can Also Help You File a Third-Party Lawsuit
There are certain instances where we would recommend accident victims file a third-party lawsuit against the at-fault party. If you can show that your employer was negligent and caused your injuries, or if you weren’t an employee at the job site and suffered an injury from something related to it, you might be better served with a third-party lawsuit.
In a third-party claim, we would provide the same services of investigating and building a claim. If a fair settlement cannot be reached with the insurance companies, we will take your case to court.
Compensation in a Third-Party Claim
Workers’ compensation insurance will provide full medical coverage and a portion of your lost income. You may be able to receive other benefits depending on your case, but a third-party lawsuit allows injury victims to pursue additional losses.
Losses typically fall into two categories: economic and non-economic. Economic losses have a concrete value, whereas non-economic losses represent the impact the accident has had on your quality of life. The economic damages you may be able to demand through a third-party lawsuit include:
- Full value of your lost wages and future earning capacity, including tips and bonuses. It could also include possible promotions and unused vacation days.
- Medical expenses for your full recovery, as well as rehabilitation and therapy costs
- Repair or replacement of any damaged property caused by the accident
Unlike a workers’ compensation claim, a third-party lawsuit allows you to pursue non-economic losses, such as:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of consortium
If you lost a loved one, our wrongful death attorneys serving Atlanta can explain who can file a claim and the damages your family may pursue.
Construction Zone Accidents: Who Is at Fault?
Nobody likes to see signs on the roadways warning about a construction zone ahead. This often means reduced speeds, changes in the traffic flow, and the possibility of roadway hazards. If you are involved in a construction zone accident, how do you know who is at fault? Seeking guidance from an Atlanta construction accident lawyer can help you determine liability and pursue appropriate legal action.
Construction Zone-Related Accidents
According to the Georgia Department of Transportation (GDOT), there were over 12,000 construction zone accidents in 2022, resulting in 4,236 injuries and 57 fatalities. Frequently, the cause of these accidents is distracted drivers or misleading or confusing traffic signs and signals. Some of the other common causes of construction zone accidents are:
- Misplaced or missing construction signage
- Guardrail accidents
- Negligence of workers or drivers
- DUI
- Speeding
Most construction zone accidents are rear-end collisions caused by speeding and distracted driving.
Preventing Construction Zone Accidents
There are some ways to protect yourself from falling victim to this type of accident. GDOT recommends staying aware and reducing your speed and distancing as much as possible from surrounding vehicles. Make sure you understand the visible road signs. If you need a refresher, the Georgia Driver’s Manual is available for review online.
The biggest cause of construction zone accidents is inattention. It can be tempting to reach for your phone while traffic is at a standstill, but that can be deadly. If you are stopped in a construction zone, keep an eye out for distracted drivers around you. When traffic starts to move again, accelerate slowly in case traffic suddenly stops. This can prevent a rear-end collision.
Who is At Fault?
As we have discussed, most construction zone accidents are attributed to faulty driver behavior, but there are other factors to consider in these types of accidents:
- Commercial Trucks: Large vehicles are at a disadvantage in cramped construction zones, but the chances of a crash multiply if the driver is distracted.
- Highway department or construction contractor: If the construction zone is improperly marked, if the signage or traffic signals are faulty, if the temporary lanes are not clearly marked, or if the temporary lanes are too narrow for traffic to flow easily.
- Equipment manufacturer: If equipment malfunctions, if construction vehicles enter or leave the roadway with no warning, or if construction equipment is improperly stored too close to the roadway.
Unfortunately for drivers, construction zones are a commonplace occurrence. While the end result is a better functioning roadway, the dangers these zones present can cause accidents.
Call the Law Office of Dwayne L. Brown for Your Atlanta Construction Accident Case
Injured workers should be covered by workers’ compensation insurance in Georgia. While workers typically cannot file a personal injury lawsuit against their employer if they are covered by workers’ compensation insurance, a construction site injury lawyer can help fight to receive the compensation they deserve.
If you have been injured due to unsafe practices used on a construction site in Georgia, contact the Law Office of Dwayne L. Brown in Atlanta. Our legal team can discuss your legal options during a free consultation.
Law Office of Dwayne L. Brown
Address: 3390 Peachtree Rd NE, Suite 1100 Atlanta, GA 30326
Phone: (404) 476-8462
Opening Hours: Available 24/7
