Construction Site Accidents

Every year, construction sites rank as one of the most dangerous industries to work in. When a construction site accident occurs, victims, both bystanders and workers, may not know their legal options. Employees can typically recover compensation via a workers’ compensation claim, but in some cases, filing a premises liability lawsuit might be a better option. It’s important to understand the implications of both types of claims to get full compensation for your recovery and losses.

What are the causes of accidents on construction sites? 

Workplace accidents affect workers in all settings and industries. However, the construction industry is known to have some of the highest injury and fatality rates around. According to recent data from the Bureau of Labor Statistics, in 2021, nearly 1 in 5 workplace deaths happened because of construction site accidents. Another 169,200 more accidents resulted in serious but non-life-threatening injuries. 

Working with heavy machinery, exposure to electrical wiring, climbing up and down ladders, and ever-changing work conditions all contribute to hazardous working conditions, even when policies and producers are followed. 

Because of the unique nature of construction sites, there are four types of injuries that most often affect workers. These accidents are so commonplace that they’ve been dubbed “the fatal four” by industry leaders:

• Falls: Falls consistently rank as one of the top workplace injuries on construction sites. Falling from an elevated height, falling due to unstable equipment like compromised staircases and wobbly ladders, and even slipping and falling due to hazardous flooring all contribute to this type of accident. According to the U.S. Bureau of Labor Statistics, falls, slips, and trips accounted for 37.9% of all fatalities from 2015 to 2019.
• Struck by an object: Being hit by a falling object from an elevated height is another one of the most common types of injuries. These injuries often happen when a worker is underneath an elevated work area. 
• Electrocution: These types of accidents occur when a construction worker inadvertently comes in contact with a live electrical wire
• Crush: In certain working conditions, a worker may find themselves pinned down or crushed by two objects, causing a crushing injury. This can happen with heavy machinery or even construction work done underground. 

Common injuries from construction site accidents 

Because we know the most common type of construction accidents, it becomes relatively easy to narrow down some of the most common injuries resulting from them. As with any injury, the injury’s severity depends on the accident’s severity. However, accidents in the construction industry tend to yield more severe injuries as compared to other workplaces.

Common injuries from construction accidents can include: 

• Back injury 
• Broken bones
• Hearing loss
• Repetitive strain injury from engaging in the same repetitive movements 
• Electrocution 
• Traumatic brain injuries

How to prevent accidents on a construction site

Thankfully, employees and employers can prevent, or at least severely minimize, the risk of a workplace accident in many ways. Industry leaders suggest engaging in the following to prevent accidents from occurring in the first place:

Hazard identification and assessment 

Any well-run construction company should have a policy or procedure that helps workers identify and assess the existing risks. Some ways to apply this prevention is through clear markings like signage that alert workers of live wires, dangerous machinery being used, and when an area is closed off because of work being done.

Training and education 

Construction training and education on safety are key to creating a workplace culture that values safety and injury prevention. These training sessions typically teach or remind workers of what hazards they should be aware of, especially regarding the specific construction project they are working on. 

Wear PPE

Personal protection equipment like hard hats, gloves, steel-toed boots, earplugs, and safety glasses are just some of the essential types of PPE workers should wear when they are on the job. It is also up to a construction company to enforce that PPE measures are adhered to and taken seriously.

Workers’ compensation vs. premises liability 

If a construction site accident occurs, one of two claims can typically be filed: a workers’ compensation claim or a personal injury lawsuit that argues premises liability. Depending on your injury, how, and where your accident happened, you may be able to file one or both types of claims. 

How does workers’ compensation work?

Nevada law requires all employers to carry workers’ compensation if they have one or more employees. If an employee gets injured while on the job, they can file a workers’ compensation claim with the employer’s insurance company. 

So, just how does workers’ comp work? The insurance company will pay out any damages when a claim is filed. The most important distinction is that a workers’ comp claim protects the employer from additional legal action, such as a civil lawsuit.

What is premises liability in Nevada?

Premises liability is a legal concept that holds a property owner accountable for an accident or injury that has occurred on their property. A property owner essentially has a legal duty to provide safe conditions for entrants. If they violate this duty, they could be held liable. 

Premises liable might not always apply when an accident occurs on someone else’s property. For example, if the injured victim was trespassing or a property owner was not negligent in their actions, a premises liability case cannot be brought forward. 

Because premises liability cases take on many forms, having an experienced attorney on your side can determine if your injury rises to the level of premises liability. 

Can I bring a civil lawsuit outside of workers’ compensation?

In some cases, you may be able to file a workers’ compensation claim and a civil lawsuit following your workplace accident. While an employer is shielded from litigation via a personal injury lawsuit, if a third party is involved in your accident, you could bring forward a civil claim arguing premises liability against them. Instances in which a premises liability claim may apply can include the following: 

The property owner is not the employer 

If an employee is doing work at a job site not owned by the employer and the employee is injured, they may be able to take legal action against the property owner. This can often happen when an employee is contracted to work at a site owned by a third party. However, in some cases, a property owner may be able to avoid liability if they delegate the responsibility of the construction work to another company or construction contractor. In that case, the entity tasked with the responsibility of safety could be held liable. 

Another case in which a property owner could be held liable is if the employer or the employee is injured in an area of a building owned by someone else. 

Architects or engineers

In all construction projects, architects and engineers are tasked with making sure building designs are safe. If a project designed by an architect or engineer fails to adhere to safety codes, they could be held liable for any injuries that take place. 

Equipment manufacturers

Unfortunately, some construction site accidents are caused by faulty equipment. If defective machinery, heavy equipment, and other tools used in the construction site cause an accident, the equipment manufacturer could be liable for any injuries. An equipment manufacturer could be responsible for negligence or product liability in this case.

Proving fault: workers’ compensation vs. premises liability 

The major difference between filing a Las Vegas workers’ compensation claim and a premises liability or personal injury claim is proving fault. Workers’ compensation claims do not require a claimant to prove fault. However, a personal injury lawsuit requires you to prove the defendant was negligent and that their negligence caused your accident, leading you to suffer damages.

Speak with a construction site accident lawyer

Proving negligence is often the hardest part of winning a premises liability lawsuit. Working with an experienced Las Vegas premises liability lawyer is one of the best ways to gather critical evidence to support your case.

Sources:

Construction deaths due to falls, slips, and trips increased 5.9 percent in 2021. (2023). 

Construction Focus Four Training. (2023). 

Fatal and nonfatal falls, slips, and trips in the construction industry. (2023).

Most Dangerous Industries. (2021).