Seeking Damages After An Alabama Construction Accident
According to data reported by Forbes in early 2024, the construction industry is one of the top ten most dangerous in the United States. The notorious “fatal four” referenced in Occupational Safety & Health Administration (OSHA) materials’ – falls, being stuck, being struck by objects, and electrocution – comes from the construction industry. It only takes one moment for a construction worker to be permanently injured.
If this has happened to you or a loved one, and you suspect that the accident was as a result of negligent behavior, a Birmingham construction accident attorney from Goldasich, Vick & Fulk can help you determine whether or not you have a case, and if so, how to best navigate the legal process so that your chances at recovery are highest. We are ready and willing to try and assist you.
Inherent Danger Does Not Mean Unavoidable Injury
In addition to the ‘fatal four,’ which are responsible for about 60 percent of construction-related industry, there are many other types of accidents that can lead to injury or death. Some of the most common include:
- Fires and/or explosions;
- Equipment malfunctioning;
- Exposure to asbestos or other dangerous substances;
- Motor vehicle accidents, either with passenger or construction vehicles; and
- Repetitive stress injuries (RSIs), among many others.
It is not an unreasonable statement to say that most construction sites are inherently dangerous. Multiple hazards are present, and while safety protocols lessen the danger of injury or death, it is still omnipresent. Alabama has seemingly constant construction projects, from oil towers in the Gulf to freeways heading north from Huntsville – and where there is construction, there is an elevated risk for workers. In general, a worker assumes a degree of risk when accepting this type of job – but only a degree. Employers still have a duty to their employees.
Can I Sue My Employer?
Most of the time, an injured employee on a construction site will not sue their employer over their injuries, because Alabama law holds that the workers’ compensation system is the “exclusive remedy” for injuries sustained at work. Essentially, workers’ compensation is a bargain between employer and employee; the employer agrees to carry insurance coverage, in exchange for the employee giving up their rights to sue over work injuries. However, there are exceptions, most notably for situations in which an employer has committed “willful misconduct.”
If you are unable to file suit against your employer over your accident, know that if the facts allow, this prohibition does not extend to third parties. For example, if you drive a truck for a living, but are injured in an accident with a negligent driver, you would conceivably have a case against that third-party driver. It is important to keep in mind that you are also able to recover more intangible damages, such as lost wages, from a third party than you would from your employer or from the workers’ compensation system.
You Are Not Alone – Let Us Help
Being injured in a construction accident can be a frightening experience. If this has happened to you, our Birmingham construction accident attorneys from Goldasich, Vick & Fulk can help to guide you through the legal process to try and recover damages for the harm you have suffered. We are here to help – contact our office today at (205) 731-2566 to schedule a consultation.
Source:
forbes.com/advisor/legal/workers-comp/most-dangerous-jobs-america/
