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The Impact of Negligent Safety Measures on Construction Site Accidents
Construction sites are hubs of activity, buhey are also filled with potential dangers. When an individual is injured on a job site, the consequences can be life-altering. At Denning Law Firm, LLC, we understand the heavy burden that falls on injured workers and their families.
Led by our father-daughter team, attorneys William and Paeten Denning, our firm fights for those harmed by unsafe practices. Located in Overland Park, Kansas, we serve clients throughout the Kansas City metro area. If you or a loved one has suffered an injury on a construction site, contact us today to protect your rights and secure the compensation you need to move forward.
Common Construction Site Hazards and Negligence
Construction work is inherently risky, but many accidents are preventable. Accidents often occur when a company, contractor, or property owner fails to follow established safety standards. This failure is a form of negligence. When profits are prioritized over people, it is workers who ultimately pay the price. Some of the most frequent causes of construction accidents include:
Falls from heights: Lacking proper guardrails, secure scaffolding, or personal fall-arrest systems can lead to devastating falls.
Struck-by incidents: Workers can be struck by falling objects, swinging crane loads, or moving equipment such as forklifts and trucks. These incidents point to a failure to secure materials or to establish clear safety zones.
Electrocutions: Unmarked power lines, faulty wiring, or improper handling of electrical equipment can cause severe or fatal electrical shocks.
Caught-in/between accidents: These can occur when a worker is crushed or pinned between heavy machinery, shifting materials, or collapsing structures, such as in a trench collapse.
Defective equipment: Machinery and tools that are poorly maintained or inherently flawed can malfunction, causing serious harm to the operator and those nearby.
Identifying negligence requires a thorough investigation into the circumstances that caused the accident. Did the site manager ignore safety protocols? Was the equipment properly inspected? Were workers given proper training and protective gear? Answering these questions helps determine who is responsible for the injuries.
Who Can Be Held Liable for a Construction Accident?
After a construction site injury, determining who is at fault can be challenging. While workers' compensation is the primary remedy for many workplace injuries, it does not always cover the full extent of a victim's losses. Additionally, workers' compensation may not be the only avenue for recovery.
In many cases, a third party—someone other than your direct employer—may bear some or all of the responsibility. Identifying these third parties is a key part of building a personal injury claim. Some common potential liable parties include:
General contractors and subcontractors: A general contractor oversees the entire site and has a duty to maintain a reasonably safe environment. Subcontractors on the site also have a responsibility to perform their work safely and not create hazards for others.
Property owners: The owner of the land where construction is taking place must address known dangers or warn workers about them.
Engineers and architects: If a design flaw in the building or structure contributes to an accident, the responsible design professionals could be held liable.
Equipment manufacturers: If a piece of machinery or tool fails due to a manufacturing or design defect, the manufacturer can be held accountable through a product liability claim.
Pursuing a third-party claim allows injured workers to seek damages that workers' compensation might not provide, such as compensation for pain and suffering.
Understanding Missouri Construction Safety Laws
In Missouri, workplace safety is governed by both federal regulations from the Occupational Safety and Health Administration (OSHA) and state-specific laws. While OSHA sets the baseline for safety nationwide, Missouri law adds layers of protection and defines the legal duties of employers and other parties on a construction site.
Missouri property owners and general contractors have a legal obligation to maintain a safe work environment for all individuals on the premises, not just their direct employees. This includes a duty to warn of hidden dangers that they are aware of or should reasonably be aware of. If they fail in this duty and someone is injured as a result, they can be found negligent.
Furthermore, Missouri's workers' compensation system is designed to provide benefits to injured employees without them having to prove fault. However, if an employer intentionally creates an unsafe condition or fails to carry required insurance, the injured worker may be able to file a personal injury lawsuit directly against them.
Understanding Kansas Construction Safety Laws
Like Missouri, Kansas adheres to federal OSHA standards as the primary guide for construction site safety. Kansas law reinforces the principle that all employers must provide a workplace free from recognized hazards that could cause death or serious physical harm.
A critical aspect of Kansas law pertains to the responsibilities of various contractors on a single job site. When multiple employers are present, each has a duty to protect their own employees. However, the general contractor or controlling employer typically bears primary responsibility for coordinating safety efforts and addressing hazards that affect the entire site. If a subcontractor's employee is injured by a hazard created by another contractor, the injured worker may be able to file a third-party claim against the at-fault contractor.
Kansas also has statutes related to dangerous excavations. The law requires anyone digging first to locate underground utilities to prevent catastrophic accidents. A failure to follow these rules can be strong evidence of negligence if an accident occurs. Distinguishing between a workers' compensation claim and a potential third-party lawsuit is a critical step for injured workers in Kansas seeking full compensation for their losses.
What to Do After a Construction Site Accident
The moments following a construction accident can be disorienting, but the actions you take can protect your health and legal rights. If you have been injured on a construction site, take the following steps:
Seek medical attention immediately: Your health is the top priority. Call 911 or have someone else do it. A medical record from the day of the incident can serve as significant evidence.
Report the injury: Notify your supervisor or foreman about the accident as soon as possible. Be sure to explain what happened and what injuries you sustained.
Document everything: If you are able, take photos or videos of the accident scene, your injuries, and any equipment involved. Obtain the names and contact information of any witnesses.
Do not give a recorded statement: Do not provide a recorded statement to any insurance company representatives without first speaking to an attorney. They may later try to use your words against you.
Contact a construction accident attorney: A lawyer can help you understand your rights, investigate the accident, and determine the best path forward for pursuing compensation.
Construction Accident Attorneys Serving Missouri and Kansas
If you have been injured in a construction accident, you have the right to pursue compensation. However, determining compensation will depend on identifying the responsible parties. Negligence in construction accident cases can sometimes be difficult to establish, but an experienced attorney, like William or Paeten Denning, can offer tailored guidance.
At Denning Law Firm, LLC, our attorneys are experienced in helping construction accident victims. If you are looking for fearless representation that does not take the easy way out, our firm is the right place for you. Your voice deserves to be heard, and your rights need to be upheld. Located in Overland Park, Kansas, we serve clients throughout the Kansas City metro area. Contact us today.