Construction sites inherently carry risks particularly when it comes to injuries caused by falling objects. It is crucial to have an understanding of your rights and the legal options available in order to ensure compensation and hold those responsible for you getting Injured by a Falling Object at a Construction Site.
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Responsibilities of Employers
Employers have a legal obligation to provide a safe working environment for their employees. This includes implementing safety measures that aim to prevent incidents involving falling objects. Failure on the part of employers to fulfill these responsibilities may result in liability for any injuries sustained by workers.
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Regulations Set by OSHA
To address the hazards associated with falling objects on construction sites, the Occupational Safety and Health Administration (OSHA) has established regulations. Employers are bound by these regulations, which include securing tools and materials using toe boards and debris nets and providing equipment. Noncompliance with OSHA standards can significantly strengthen a worker’s case when seeking recourse for a falling object injury.
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Workers Compensation Benefits
In instances, workers who suffer from injuries are entitled to receive workers’ compensation benefits. Workers’ comp is an insurance program that offers coverage, wage replacement, and rehabilitation services for employees injured while, on the job. Even if the employer is not directly responsible, for the accident involving a falling object the injured worker may still be eligible for workers’ compensation benefits.
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Responsibility of Others
- If a falling object injury is caused by the negligence of a party, such as a subcontractor, equipment manufacturer, or property owner the injured worker has the option to pursue a claim against that party. This allows them to seek compensation beyond what workers’ compensation provides including damages for pain and suffering.
- Personal Injury Lawsuit
- In certain circumstances, an injured worker may have the opportunity to file a personal injury lawsuit against someone other than their employer. To do so successfully they need to prove that the party’s negligence or intentional actions directly led to their injury caused by a falling object.
- Proving Negligence
- To establish negligence in a case involving an injury caused by a falling object it is typically necessary for the injured individual to demonstrate:
- The defendant had a duty of care in maintaining safety at the construction site.
- The defendant failed to fulfill that duty through actions or omissions.
- Their breach of duty directly resulted in the incident involving the falling object and subsequent injuries.
- The injuries incurred damages, like expenses lost wages, and physical and emotional suffering.
Having knowledge, about your rights and the available legal options, such as Oresky & Associates for injuries caused by falling objects at construction sites empowers workers to take action after incidents. Whether it’s through workers’ compensation claims, against parties, or personal injury lawsuits seeking legal guidance ensures that injured workers can receive the compensation they are entitled to and contribute towards enhancing workplace safety as a whole.
