Construction Defects

Workplace injuries on construction sites are common enough that 1 in 10 construction workers are injured every year. Worse, a construction worker has a 1 in 200 chance of dying over the course of a 45-year career.

When these accidents occur, Mississippi construction workers need a Mississippi construction accident lawyer who have the experience needed to get injured workers the compensation they deserve. Your Mississippi construction accident attorney should be familiar with the federal and Mississippi laws that govern over a construction accident claim. With this legal knowledge, your attorney will help you take the steps needed to file a legal claim and recover compensation for your losses.

Construction Accident and Defect Claims and Lawsuits

Injured workers who suffered their injuries on a construction site may be able to pursue a legal claim to recover for their losses. Typically, construction accident claims are based on workers’ compensation, personal injury, product liability and wrongful death areas of law.

Workers’ compensation is the best path to pursue when a construction worker is entitled to benefits through their workers’ compensation insurance. Mississippi workers who are injured and have workers’ compensation insurance must only prove that the injury occurred. The circumstances of the injury are usually irrelevant. However, if a third party is at fault in the injury, a worker can combine a workers’ compensation claim with a separate legal claim in order to maximize the compensation received for the injuries. A construction accident attorney in Jackson, MS will help you navigate these complexities.

Additional legal claims involve personal injury and product liability. For a successful personal injury lawsuit, the injured worker’s attorney must show that a third party’s negligence led to the injuries sustained. Similarly, if an injury was caused by a defective product, the injured party may bring a product liability lawsuit against a party involved in the manufactured product’s distribution. As an example, if railing is faulty and causes a worker to fall and injure himself, the injured party may be able to recover compensation from the manufacture, wholesaler or retailer of the defective railing.

Finally, if a worker is killed on the job, the family’s loved ones may be able to file a wrongful death lawsuit to recover compensation on behalf of their loved one.

How OSHA Rights Promote a Safe Environment for Construction Workers

The Occupational Safety and Health Administration (OSHA) gives construction workers the right to a safely maintained work environment. Workers have the right to request an OSHA inspection of their workplace, receive copies of their medical records and are also entitled to review records of work-related injuries. All rights granted to construction workers under the law are allowed to be used without retaliation or discrimination from an employer.

If you have been injured in a work environment that did not follow OSHA guidelines or retaliated against you for exercising your OSHA rights, talk to a Mississippi construction accident lawyer immediately.

Common Construction Accidents and Who Can Be Held Liable

Construction falls are far and away the most common cause of fatal construction injuries. Unsurprisingly, fall protection is the most commonly violated standard set forth by OSHA.

Other common causes of construction accidents include:

  • Insufficient Training
  • Defective Equipment
  • Scaffolding Accidents
  • Electrical Accidents
  • Mechanical Accidents
  • Poor Oversight and Safety Procedures
  • Slip and Falls
  • Fires and/or Explosions
  • Toxic Substance Exposure
  • Crane and Harness Accidents
  • And More

Depending on the facts of the case, a workers’ compensation claim may not bar a personal injury lawsuit against an employer if the injuries were caused by negligent behavior or actions that violated OSHA standards. However, most personal injury lawsuits are filed against a third party. Typical third parties who have been successfully sued in a personal injury construction claim include:

  • Construction Site Owners
  • Prime Contractors
  • General Contractors
  • Sub-Contractors
  • Manufacturers
  • Architects
  • Engineers

If you have been injured in a Mississippi construction accident, receive medical attention immediately and report the injury to your employer. Once your injuries are treated post-accident, the Mississippi construction accident lawyers at Maggio Thompson, LLP are ready to help. Contact us for a legal consultation to discuss the facts of your construction accident and/or defect case.

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