Construction site workers put their health on the line every day when they entrust their safety to their employer, site manager, or third parties that are responsible for protecting them from harm. When these entities fail to meet their legal duties, an injured worker may be able to file a lawsuit to recover damages.
You may be able to prove liability for your injuries in many common instances of construction site accidents, such as slip and falls, exposure to harmful toxins, or machinery malfunctions. Determining who is liable is where your recovery efforts may become difficult, as there are many parties involved in a South Carolina construction site. Still, where it is available, a lawsuit is typically the preferable choice to a workers’ compensation claim.
Get the facts about your potential lawsuit from the diligent South Carolina construction and accident injury lawyers at Burriss Ridgeway Injury Lawyers. We can give you a free initial case review if you call us today at (803) 451-4000.
Every construction site in South Carolina presents a number of dangers due to the sheer amount of moving parts, heavy machinery, and dangerous elements involved. To that end, management companies, foremen, and third-party contractors are responsible for making the area as safe as possible for workers and passersby. Below are some of the more common misfortunes that may occur when those responsible parties fail to live up to their duties.
Slippery and unstable ground is a common feature on many South Carolina construction sites. If the management company does not take special precautions to warn people on site of unstable ground or prevent weather conditions from making footing unreasonably slippery, they will be liable for injuries suffered by any person who falls on the construction site grounds.
Some construction sites on old buildings that were built according to prior code may feature harmful chemicals, toxins, or other substances, such as asbestos. Construction site managers have a duty to inspect the site for such toxins, warn their workers of their presence, and enact safety protocols that will limit exposure that might otherwise cause disease or other harmful conditions.
Strikes to the head by falling tools or materials are the second-leading cause of death on construction sites across the country. When using cranes or scaffolding on a site, management companies must implement procedures for securing all objects that could become dangerous if they were to fall onto people working or passing by below.
Wherever heavy machinery is involved, danger follows. Management companies are responsible for training their employees to use the machinery properly and safely. If an accident occurs because of a defective machine, injury victims may be able to target the manufacturing company in a lawsuit rather than the site management company. Talk to your South Carolina construction accident and injury lawyer about who you should name in your lawsuit before filing.
If you were injured on a construction site because of someone else’s negligence, you might have the opportunity to file a personal injury lawsuit against the negligent party. If you are injured in an accident without fault, you may instead be forced to file a workers’ compensation claim in order to get compensation for your injuries. However, when available, a lawsuit is typically preferable because the amount of damages that you can obtain is much larger.
For many individuals who do work on construction sites as independent contractors, lawsuits are the only available route to recovery. This is because independent contractors are technically “self-employed” rather than being employed by the party that is responsible for the victim’s injuries.
You can also file a lawsuit even if you were not a worker at the construction site that injured you. Site managers owe legal duties not just to their own workers but also to passersby who might foreseeably be injured in a site accident. In these situations, it can be more difficult to identify who is responsible for compensating you on your own, so bring your case to the attention of our South Carolina construction and accident injury attorneys as soon as possible.
In order to effectively bring and win a lawsuit for a construction injury in South Carolina, you will have to identify who was at fault for causing the accident that injured you. With the number of parties involved in a typical construction site, this may prove difficult in many cases.
The first party that you and your South Carolina construction and accident injury lawyer should consider is the construction site operator. That manager or operator is responsible for surveying the site for potential dangers, training workers on safe practices on the site, and implementing safety protocols that should be effective in case of a foreseeable accident.
Sometimes, however, the party that causes the accident is a third-party or independent contractor. For instance, if an electrician leaves open wiring in close proximity to workers, they may be at fault for causing an electrocution. In these cases, you should generally look to name the electrician or their employer in the suit rather than the construction site operators.
Additionally, if your accident involved some malfunction of a tool, machine, or safety gear, you may be able to sue the manufacturer of the defective product. Proving that a product was defective and that the defect was the cause of your injuries may be difficult, so most plaintiffs in these situations will use expert testimony to explain how the product was supposed to function. Our South Carolina construction and accident injury attorneys can help you identify the responsible party and compile the evidence that will give you the best chance of winning your case.
Do not leave something so important as your financial recovery from a construction accident to chance. Obtain your free case review by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Our Caring Attorneys in Columbia, SC are here to help.