Construction injuries are unfortunately common and can have devastating consequences, ranging from minor sprains to life-threatening conditions. The legal maze surrounding these incidents often adds an extra layer of complexity to an already stressful situation. At Wells Trumbull, our dedicated team of Edmonds construction injury lawyers stands ready to represent victims and their families, offering experience, compassion, and a thorough understanding of construction injury law. Contact our experienced personal injury attorneys in Edmonds today for a free consultation.
Types of Construction Injuries Commonly Sustained
Construction injuries vary greatly in their severity and long-term impact. Here are some common types that often warrant legal action for compensation:
- Minor Injuries
- Sprains and Strains: These injuries are common but can cause prolonged suffering if not treated properly.
- Cuts and Abrasions: These may require stitches and can be prone to infection, especially when caused by rusty or dirty equipment.
- Moderate to Severe Injuries
- Broken Bones: Fractures can occur from falls or accidents involving heavy machinery.
- Burns: Often caused by electrical malfunctions or exposure to hazardous materials, burns can require intensive treatment.
- Electrocution: This can lead to severe internal injuries and require long-term medical care.
- Catastrophic Injuries
- Amputations: Severe accidents can result in the loss of limbs, impacting a victim’s life permanently.
- Spinal Cord Injuries: These can lead to paralysis and require lifelong medical care.
- Traumatic Brain Injuries: These can occur from falling objects or severe falls, leading to permanent disability.
Common Causes of Construction Injuries
There are a variety of factors and circumstances that can cause construction injuries, including:
- Falls from Height: Lack of proper safety equipment or negligence can result in dangerous falls.
- Equipment Failure: Machinery malfunctions can be catastrophic if proper maintenance has not been conducted.
- Heavy Machinery Accidents: Machinery like cranes, bulldozers, and forklifts are often essential to construction work but can be extraordinarily hazardous if not operated correctly. Injuries may occur due to operator error, lack of training, or mechanical failures.
- Electrical Injuries: Construction sites are replete with electrical hazards, from exposed wiring to power tools. Electrocutions or electrical burns are not uncommon and can be severe or fatal.
- Falling Objects: Items falling from heights can pose significant risks. Even a small tool dropped from a high elevation can cause serious injuries to workers below. Hard hats are a mandatory requirement but may not provide adequate protection against heavy falling objects.
- Exposure to Hazardous Materials: Inadequate safety measures can lead to dangerous exposure.
- Human Error: Negligence or lack of training can also contribute to severe injuries.
Construction Safety Laws In Edmonds
Construction sites are inherently dangerous environments that pose a variety of risks to workers, from heavy machinery operations to working at heights. To mitigate these risks and ensure the safety and well-being of workers, construction companies must adhere to the Occupational Safety and Health Administration’s (OSHA) guidelines.
OSHA mandates that employers must provide workers with appropriate PPE, such as helmets, gloves, and eye protection. Employers are responsible for providing adequate training on machinery, safety protocols, and the use of PPE. A comprehensive site-specific safety plan must be developed and should be accessible to all employees.
Workers are at risk of falling from ladders, roofs, scaffolding, and other elevated platforms. When work is being conducted at heights exceeding six feet, it is mandatory to have effective fall protection mechanisms in place. Guardrails are a popular choice, offering a physical barrier to prevent workers from accidentally stepping or falling over the edge. Safety nets, on the other hand, are typically installed below the working level and act as a catch platform for falling workers or tools. Personal fall arrest systems, commonly known as harnesses, are a lifeline for workers operating at significant heights.
Not adhering to OSHA’s fall protection guidelines can lead to citations and fines. Repeated violations can result in larger penalties and potential legal action.
What to Do After a Construction Injury In Edmonds
Construction work has inherent dangers, including working from extreme heights, using power tools and heavy equipment, and working with toxic chemicals and electricity. Still, employers, managers, and contractors must carefully follow training and safety protocols and monitor conditions and employee actions on construction sites to minimize risks. Despite increased training requirements, the construction industry still has high accident rates each year.
After suffering a construction injury in Edmonds, you can take steps to protect yourself. If you’ve been incapacitated by the injury, ask an uninjured coworker to take these steps for you:
- First, apply reasonable first aid and call 911 to request the paramedics, or arrange transportation (for minor injuries) to a hospital straight from the workplace
- While you wait for an ambulance, use a cell phone camera to photograph the cause of the accident, such as a broken ladder, fallen scaffolding, or defective power tool
- Photograph any visible injuries
- Report the accident to an immediate supervisor and ask them to fill out a detailed accident report
- Note any nearby eyewitnesses to what happened and add their contact information to your phone
Always go directly to the hospital or urgent care center from the worksite or scene of the work-related accident. This not only ensures that you receive emergency care, but also documents evidence that your injury occurred at work.
At the hospital, ask for a complete medical evaluation as well as treatment for emergency injuries. This sometimes diagnoses additional injuries masked by adrenaline or with delayed symptom presentation. Ask your medical provider for a detailed medical report listing your injuries, the recommended treatment protocol, and your prognosis. Then, carefully follow the doctor’s orders.
Always report your injury in writing to your employer as soon as possible after a construction accident. If your injuries are covered by workers’ compensation, be sure to use a doctor from the employer’s approved provider list for all treatment after the emergency medical care.
Who Is Liable for My Damages In an Edmonds, WA Construction Injury Claim?
All Washington construction companies must carry workers’ compensation insurance, which protects them from liability in most cases, unless the injury resulted from an employer’s malicious acts, wrongdoing, or reckless disregard for safety. However, there are often non-employers who are liable for damages in a construction accident case. For instance, depending on the cause of your injury and the circumstances of your case, the following parties could be liable, or one or more may share liability under Washington’s pure comparative negligence law, Chapter 4.22 RCW:
- A negligent property owner for failing to address or warn of a dangerous condition on a construction site property
- A negligent construction contractor or subcontractor
- A negligent, reckless, or impaired driver if the construction injury occurred while driving for job-related tasks
- A negligent electrician or plumbing contractor
- The manufacturer of a defective tool, ladder, scaffold, or other equipment
- The manufacturer of defective safety guards and other safety equipment
Proving liability for negligence requires evidence demonstrating that the at-fault party owed a duty of reasonable care to the injury victim, they breached their duty of care through negligence, the breach of duty directly caused the injury, and the injury victim experienced economic and non-economic damages from the injury.
If the claim is against a defective product or construction equipment, the injury victim doesn’t have to prove negligence. Instead, under the strict liability law for manufacturers, the claimant must prove that the product had a design defect, manufacturing mistake, or marketing error that caused the injury.
It takes an experienced construction injury attorney to identify the liable party, document compelling evidence of liability, and carefully calculate the damages to achieve the maximum available compensation.
A construction injury lawsuit proceeds independently of a workers’ compensation claim and allows compensation for non-economic damages, such as pain and suffering, that isn’t available from workers’ compensation.
Washington Statute of Limitations For Construction Injuries
In Washington State, the statute of limitations for personal injury cases, including construction injuries, is generally three (3) years from the date of the injury. This means that if you have been injured on a construction site, you have a three-year window to file a lawsuit for compensation. Failure to do so within this timeframe will almost certainly result in the court dismissing your case, leaving you without an avenue for seeking damages.
However, there can be exceptions, particularly if the victim is a minor or mentally incapacitated. If the injury was due to employer negligence, and the employer failed to provide the necessary safety measures as stipulated by OSHA or state law, the timeframe for filing a workers’ compensation claim might differ from a standard personal injury claim. Therefore, it is crucial to consult a construction injury attorney in Edmonds as soon as possible to protect your rights and secure the compensation you deserve.
Contact The Edmonds Construction Injury Lawyers At Wells Trumbull Today
Facing a construction injury is a distressing and complex ordeal. At Wells Trumbull, we strive to relieve you of the legal complexities so that you can focus on your recovery. With an unparalleled dedication to our clients and a history of successful outcomes, our team of specialized Edmonds construction injury attorneys is ready to advocate for you. Due to the statute of limitations, time is of the essence. Contact us today for a free, no-obligation consultation and take the first step toward reclaiming your life.