Construction work is one of the few profession in which the workers put themselves in dangerous situations each and every day. Construction workers have access to, or at least should have access to, a variety of safety equipment to keep them safe on the job. However, when you work in dangerous conditions and around a variety of large machinery, accidents are still common. Yet, there is a strange commonality that happens with construction accidents – people have a way of making construction workers feel like it was their fault.
A foreman might scold an injured worker for not being more diligent with their safety equipment or a construction company might suggest the worker did not know how to operate the machinery safely. This is in effort to cut down the costs from an accident. It might be used to make a construction worker think twice about filing for worker’s compensation or seeking any other kind of damages. However, always be aware that there is no fault when it comes to workplace injuries. What your employers are trying to do is save themselves money by making a worker think the injury is their fault.
However, while all workplace injuries qualify for worker’s compensation, if your injury was the result of a defective equipment then you may be able to pursue a personal injury lawsuit against a third party to cover your injuries.
Identifying Defective Equipment
If you were injured in a construction site accident, all equipment can become suspect. The obvious suspect is first the machinery that you were using. Band saws, forklifts, and other heavy machinery are all innately dangerous, but they become even more so when they are not properly maintained or even improperly manufactured.
In these cases, the designer, manufacturer, or even the company in charge of maintenance or making repairs can be held responsible for even minor injuries if they resulted from malfunction. If you were injured in a construction accident while using machinery, one of your first steps when seeking compensation is to investigate whether the machine in general was functioning properly at the time.
However, if you were not using any heavy machinery at the time of your accident, you may not be completely disqualified from seeking a personal injury suit. If you were using scaffolding or even just using safety equipment, it is crucial to make sure that it was assembled and functioning properly. If the scaffolding was unstable or your safety equipment was defective, you can still seek a personal injury suit against any third parties that were responsible.
Why Seek a Personal Injury Suit?
If you were injured at work, you have a right to file for worker’s compensation to receive coverage for your medical bills and loss of wages. However, the worker’s compensation system is also there to protect workers from suing their employers. Often injured workers find that the amount they get for worker’s compensation is not enough to cover all their post-injury needs, but a personal injury lawsuit against a third party can help do just that.
This means that even if you file for worker’s compensation, you can still seek damages if a third party and their defective products were responsible for your injuries.
If you are in the Oshkosh area and were hurt in a construction accident from defective equipment, contact us today. In some cases, it may have been the responsibility of your employer, which bars you from legal action is also pursuing worker’s compensation. However, by looking over the unique facts of your case, the Harnitz Law Office can help you file a personal injury suit to make sure that you are kept whole from your injuries.