Having worked in construction himself, Clark Watkin has "hands on" experience and knows construction work can sometimes be dangerous -- even deadly. The dangers inherent in construction work led to the implementation of federal and state statutes, laws, regulations, ordinances and guidelines concerning construction safety; and the establishment of government and administrative agencies to implement, regulate and enforce those safety laws.

If you or your loved one has suffered injuries serious personal injuries -- or the wrongful death of a loved one -- as the result of an accident at a construction site, contact Clark Watkin to learn about your rights to compensation. He is experienced in construction site accident litigation and explain more about your rights, obligations and options for pursuing a construction accident claim.

Federal and Arizona construction industry standards now require employers to provide a reasonably safe working environment. Even so, catastrophic injuries on the jobsite, and even in the areas adjacent to the jobsite, still occur. Virtually 100% of construction accidents are either avoidable or preventable. Some of the more likely hazards include falls from scaffolds, roofs and multi-story elevations, being struck by moving or falling machinery, electrocution, defective or unsafe equipment, excavation cave-ins, and health hazards resulting from exposure to toxic chemicals.

Get Legal Help Early

After a serious construction site accident, the injured person or his family should consult with a plaintiff's attorney experienced in construction accident litigation. If the injured person is a worker who has been injured on the jobsite, the incident may be subject to and completely covered by the workers' compensation laws. However, workers' comp may not fully compensate him for his damages; and it only applies to potential claims against his employer. There may still be a third-party liability claim against someone other than his own employer. In any case, it should be carefully reviewed.

Sometimes private citizens not involved in the construction project may be injured or killed. Recent crane collapses in Manhattan are a good example. In such a situation, the families of the victims may have damage claims against the contractors and subcontractors involved, and perhaps against the crane and scaffold manufacturers, individual construction workers, and the New York City and State government(s), for negligent project inspections, if any.

The point is, each incident involving death or serious injury on a construction project should be carefully and fully investigated. Similarly, pedestrians and drivers are sometimes injured or killed while walking or driving on the sidewalks and streets adjacent to construction sites. Ironically, in one of our recent cases an elderly pedestrian was injured by an improperly erected construction fence while walking into a hospital that was undergoing an expansion project! The general contractor and the hospital were both negligent in that situation.

Liability For A Construction Accident

The facts of each case will determine liability. Not just where, when and how the accident happened; but also who was involved in the "chain of command" and what their duties were, as outlined in the laws, regulations and industry standards -- as well as in any relevant construction contract documents. The list of potential responsible parties may include:

• Property owners
• General, prime and sub-contractors
• Architects, engineers or other designers
• Construction managers
• Co-Workers
• Suppliers and manufacturers of equipment and materials
• Insurers

Which person or company had control over the jobsite? Precisely what work was being done, and by whom, when and where the incident occurred? Was the injured individual the only one directly "involved" in the incident (e.g., he fell from an unprotected upper floor); or was he injured while working with (or by) another? Clearly, there are an infinite number of combinations that come to play; each case is unique and it is often important to name all potential liable parties at the outset of any litigation to preserve your claim against them. An experienced construction litigation attorney can help you determine who the responsible parties may be according to the specific circumstances of your case and sometimes streamline the process and eliminate the need to name "everyone."

Common Types of Serious Injuries

• Falls: Falls are the most common source of injury and wrongful death for construction workers. While the greatest number of falls occurs from ladders and scaffolding, construction workers also suffer serious injuries and die in falls from roofs, buildings, openings in structures, and stairs and steps. We recently represented the family of a carpenter employed by a framing subcontractor on a two-level apartment building. Very simply, the worker lost his balance and fell from the second-level floor joists, striking his head on the concrete floor below. Brain trauma, coma, death. All of which could have been prevented by a "fall protection" plan implemented and enforced by either the general contractor and/or the framing subcontractor. Unfortunately, no such a plan was in place -- even though OSHA required fall protection on this jobsite! In fact, the framing subcontractor in that case did not even have workmen's' compensation insurance.
• Electrocution: Construction workers also are at risk for injury and death from electrocution or other electric injuries, such as electric shock and burns. These types of injuries are not only caused by contact with power lines and other sources of high voltage. Construction workers also can be injured by contact with faulty wiring, broken light bulbs or other equipment in contact with an electric source, like a ladder. Again, certain safety steps are required; yet, all too often those steps are ignored by the owner or contractor to "save money."
• Cuts, Punctures, Burns and Amputation: In many types of construction, workers work with or come in contact with various types of powerful and potentially dangerous tools, equipment and even raw materials. Even proper safety equipment, ranging from gloves and goggles to safety rigging and harnesses, will be unable to prevent 100% of possible injuries, and it is easy to understand how any injuries caused by high-powered machinery, sharp steel, hot torches and assorted jobsite debris can put workers in serious jeopardy each day. The safety steps mandated on jobsites sometimes are not enough to prevent "human error," nor will those safety regulations always be enforced.
• Cave-Ins: Construction workers involved in excavation work face the possibility of one of the most terrifying of all accidents, cave-ins. Contractors must exercise great care and continue their diligence throughout an excavation project to limit the possibility of a cave-in. Fortunately, OSHA requires strict compliance with its regulations pertaining to supporting the trenches, tunnels and "holes" created for this work, all to protect workers from the hazards created by the specific type of excavation work.

OSHA and Other Safety Regulations

Arizona has its own Department of Occupational Safety and Health (ADOSH) and has incorporated the provisions of the federal OSHA regulations, verbatim. These regulations apply to work done at construction sites make it absolutely mandatory that the party responsible under the construction contract for ensuring compliance with the OSHA regulations (i.e., general contractor or sub-contractor) implement and enforce numerous critical safety procedures to ensure safe practices and guard against serious jobsite injuries. A failure to comply with OSHA regulations, by itself, may be enough to prove negligence by the party in charge of the jobsite.

• Report the injury to your employer and/or construction site manager as soon as possible, and note the name and position of the person you notified
• Get the names and contact information of anyone who may have witnessed the accident
• If possible, try to preserve any evidence related to your injury by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury
• Get medical attention for your injuries
• Consult an attorney as soon as possible to help you evaluate any potential claims and discuss your state's workers' compensation laws

Employee Rights Under OSHA

The right to obtain training from their employer on any chemicals or other hazardous materials they may be exposed to or working with, such as blood-born pathogens

• The right to information about OSHA standards, job hazards, worker injuries, and workers' rights from their employer
• The right to request that a dangerous condition or OSHA violation be corrected by their employer
• The right to file a complaint with OSHA of a violation or serious hazard in the workplace and, if requested, to have their name withheld from their employer
• The right to be involved in any OSHA inspection, find out the results of the inspection, and, if necessary, appeal the final action
• The right to file a complaint with OSHA without retaliation or other discriminatory acts by their employer ("whistleblower")

IMPORTANT: If an insurance claims agent for the person at fault calls to "interview" you, decline -- at least until you have spoken with an attorney. Despite what the insurance agent might tell you, he is NOT "just trying to help."

Filing A Claim For A Construction Accident Injury

If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:

Your case may be won or lost based on the work done before it ever goes to trial. Discussing your case with an attorney who is experienced in the area of construction injury law is the best way to protect your rights.

If you live in the greater Phoenix, Arizona area and you or someone you love has been injured in a construction work site accident, contact us online or call at 480-281-3838 to arrange a consultation. When results matter, choose The Watkin Law Office, P.C.

Clark Watkin of The Watkin Law Office, P.C. is a Phoenix bicycle accident lawyer and Phoenix motorcycle accident attorney who represents serious personal injury and wrongful death clients throughout Arizona, including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Cave Creek, Carefree, Fountain Hills and Paradise Valley.