Personal Injury Lawyer - Construction Accident
For Hilton Head Island, Bluffton, & Beaufort South Carolina (SC) Area
From commercial development to homeowner projects, every day construction workers are injured. Dealing with some of the most hazardous working conditions, serious work-related injuries occur on a frequent basis. Regulations, inspections, specifications and safety programs work to prevent these accidents and promote safety awareness, however, despite these efforts, construction accidents continually happen.
Construction accidents include:
Falls from scaffolding
Being struck by moving or falling machinery
Accidental electrocution
Exposure to chemicals and asbestos
Defective equipment
Additional physical injuries such as to the back
Who may be liable for a construction site injury?
A wide array of persons may be involved at a construction site such as the:
-site’s landowner
-contractors
-construction managers
-equipment suppliers
-material suppliers
-design professionals
-engineers
In order to determine who may be liable for a construction accident, it is critical to explain the responsibilities of several key players.
Construction Site Owner: The landowner may not be judged the legal possessor of the land for the length of the construction project depending on the amount of control over the premises he or she maintains. Generally, the owner of the land on which a construction project is being performed is liable for any injury to individuals occurring in the project that are caused by a potentially dangerous condition on the land that the owner knew or should reasonably have known of.
General Contractors and "Sub"-Contractors: The general and sub-contractors must ensure that the construction site is reasonably safe for their workers and they have a legal duty to warn their employees of any hazards at the site. Typically, a general or sub-contractor will have a duty to make sure that the work is being performed safely.
"Prime" Contractors: Prime contractors share similarities with both general and sub-contractors however, a prime contractor is responsible only for the work that is identified in his or her prime contract. A prime contractor is also responsible for any work that he or she chooses to delegate to sub-contractors, and has exclusive responsibility over those sub-contractors.
Architects and Engineers: These design professionals can be charged with differing amounts of responsibility. Duties can include progress observation to ensure compliance with plans and specifications, and site inspection to ensure compliance with code regulations. Design professionals are held to certain accepted standards in performing professional services and can be held liable for any injuries suffered by construction workers as a result of their failure to meet those standards.
Manufacturers of Construction Machinery or Equipment: Manufacturers of defective construction machinery or equipment can be held responsible for the design and manufacturing and possibly maintenance of said equipment providing a "no-fault" or "strict" liability.
Insurers: Especially in situations involving major construction projects, the parties involved are typically required to carry ample insurance coverage. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.
OSHA Safety Regulations
Safety regulations under the Occupational Safety and Health Act of 1970 have been adopted by most states in some form, and these regulations apply to work done at construction sites. The issue of who is responsible for ensuring compliance with OSHA regulations (i.e. general contractor or
sub-contractor) often turns on who was in control of the job site or job activity when the injured employee was hurt. The legal effect of a violation of OSHA regulations will vary, depending on the state in which the construction injury took place. In certain jurisdictions, if it can be shown that an OSHA regulation was violated and an injury resulted, nothing more need be proven to establish that the liable party was negligent.
OSHA regulations are not the only legal standards to which a property owner, general contractor, or sub-contractor may be held in determining liability for a construction accident. Often the property owner or general contractor will have his or her own set of safety rules, either generally applicable or specific to the construction project at hand, designed to protect those performing work on the project. Violations of these regulations may serve to support a claim for a construction accident.
Getting Help 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:
• Get medical attention for your injuries.
• Report the injury to your employer and/or construction site manager, and note the name and position of the person 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.
Your next consideration should be to find an attorney to help you evaluate your potential claim.
More often than not, your case can be won or lost based on the work done before it ever goes to trial, depending on the results of the investigation and fact-finding that your lawyer will undertake on your behalf. So, discussing your case with an attorney who is experienced in the area of construction injury law is the best way to ensure your success. In light of complex liability issues, the legal deadlines for filing causes of action for injury (especially for injuries suffered at city-owned construction sites), and the need to conduct a thorough site investigation as soon after the injury as possible, meeting with an attorney sooner rather than later is definitely recommended.
What do I need to take to an attorney?
- Name and address of ambulance service
- Name and address of the emergency room you visited
- Dates you were admitted to the emergency room and the hospital
- Names and business address of all doctors who have examined you
- Names and addresses of chiropractors you have consulted
- Names of all people who were involved in the accident
- Names and addresses of witnesses to the accident
- Dates you missed work because of the accident
- List of people you have talked to about the accident or your injuries
- Accident report
- Witness statements
- Name & telephone number of each insurance adjustor you have talked to
- Your automobile insurance policy if you were injured in a car accident along with the "declarations" page or "coverage certificate" that sets forth what kinds of coverage you have purchased and what the policy limits are
- Your homeowner's or renter's policy, along with the declarations page or coverage certificate
- Medical or disability insurance policy or coverage certificate
- Medical bills
- Other policies, including major medical, hospitalization, veterans insurance
- Receipts for things you have had to buy because of your injury
- Receipts for things you have had to fix because of the accident
Consider hiring a personal injury attorney on Hilton Head Island who is experience in dealing with personal injury cases involved construction related jobs.
If you or a loved one has been injured as a result of a construction accident, it is imperative to meet with a skilled attorney to discuss your serious situation. The complicated issues require that your case be handled by a lawyer from Kiker Law Firm who is experienced in the specialized area of construction accident liability.
For comprehensive legal representation and personal client service in construction accident cases, you can rely on the Kiker Law Firm. Making the decision of who should represent you is one of the most significant decisions that you may ever make and the Kiker Law Firm have skilled attorneys who will assist you through every step providing a clear explanation of your rights and help you make the best decision regarding your case.
Dedicated to the Client
The attorneys at Kiker Law Firm have extensive experience in pursuing construction accident liability cases. We understand what you're up against and also know that many damages do not appear serious at first but that they may, in fact, plague someone for life. It’s important to speak with an aviation accident lawyer at Kiker Law Firm who can inform you of your rights.
We offer a free consultation and evaluation of your case. Simply complete a free consultation form online or call us at 843-842-7300. We'd be happy to meet with you and help you make an informed decision regarding your accident and injury claim. . |