Why Are Construction Accidents More Complicated Than Other Injury Claims?

Workplace injuries are unfortunately common, but accidents on construction sites often stand in a category of their own. With over 20% of all workplace fatalities stemming from construction, the industry stands out as one of the most dangerous places to work. Construction accidents are not only more severe but often far more complex than other personal injury claims.

Why is this the case? At Brassfield & Krueger, we’ve spent more than 70 years standing up for construction accident victims, helping them receive fair compensation for their injuries. This blog will walk you through the unique challenges of construction accident claims and how they differ from other personal injury cases so you can know what to expect moving forward.

Why Are Construction Accidents More Complex?

Construction sites are highly dynamic environments involving multiple parties, heavy machinery, stringent safety requirements, and often life-changing injuries when things go wrong. Below, we’ll explore the major factors that make filing claims for construction accidents uniquely challenging.

1. Multiple Liable Parties  

One major reason construction accident cases are so complicated is that liability often involves multiple parties, such as:

• General Contractors and Subcontractors – Responsible for managing the site and ensuring worker safety.
• Property Owners – Hold some level of responsibility for maintaining a safe working environment.
• Equipment Manufacturers – Can be held liable if machinery is defective and causes harm.

Determining who is at fault requires meticulous investigation. For instance, a crane accident might involve errors by the operator, improper maintenance by the subcontractor, or even a design flaw by the manufacturer.

This web of accountability often leads to disputes over who bears responsibility, making the claim process more intricate than a straightforward personal injury case.

2. Navigating Workers’ Compensation  

Most construction workers are covered by workers’ compensation insurance, which can make the claim process more complicated. Workers’ compensation:

• Covers medical expenses and lost wages regardless of fault.
• Typically prevents workers from suing their direct employer.

However, what many workers don’t realize is that workers’ compensation does not preclude lawsuits against third parties. For instance, if your injury was caused by a subcontractor’s negligence or faulty machinery, you may still pursue additional legal claims.

Understanding where workers’ compensation ends and third-party liability claims begin is critical, and this is where having an experienced lawyer makes a significant difference.

3. Stringent OSHA Safety Regulations  

Construction sites are governed by a robust framework of safety rules, often enforced by the Occupational Safety and Health Administration (OSHA). These regulations cover everything from fall protection to the proper use of machinery.

When safety measures are ignored or violated, not only does it increase the risk of serious injury, but it can also strengthen your case for compensation. For example, if an injury occurred due to a lack of proper scaffolding, this OSHA violation could serve as substantial evidence in your claim.

However, navigating the legal implications of regulatory violations can be daunting without professional guidance.

4. Severity of Injuries  

Construction accidents tend to result in severe, often catastrophic, injuries. Common examples include:

• Traumatic Brain Injuries (TBIs)  
• Spinal Cord Damage  
• Amputations  
• Severe Burns  

These injuries often require extensive medical treatment, rehabilitation, and long-term care. The severity not only complicates the legal process but also significantly raises the stakes of compensation claims. Your claim may need to account for not just past medical bills and lost income but also future care, diminished earning capacity, and significant pain and suffering.

5. Challenges with Preserving Evidence  

Construction sites are fast-moving and continually changing, making evidence preservation a significant challenge. Within hours, the accident scene may be altered, equipment moved, or critical documents misplaced.

To ensure a strong case, immediate action is crucial. This includes:

• Capturing photos of the scene and equipment.
• Securing witness statements from nearby workers.
• Preserving safety logs and inspection reports.

Having a lawyer on your side can help you quickly gather and safeguard the evidence needed for your claim.

6. The Role of Expert Testimony  

Construction accident claims often rely on testimony from experts who understand the technical and safety aspects of construction sites. These experts may examine:

• Equipment performance or defects.
• Safety protocols and whether they were followed.
• The behavior of involved parties.

Expert testimony adds clarity to complex cases, ensuring that the technical details of your injury are presented effectively in court or settlement discussions. Without this, pursuing fair compensation becomes increasingly difficult.

Why You Need an Experienced Lawyer  

Handling a construction accident claim on your own is overwhelming. Between identifying liable parties, securing evidence, and navigating legal complexities, it’s a lot to take on—especially when recovering from a serious injury.

An experienced lawyer can ease this burden by:

• Analyzing your accident to identify all responsible parties.  
• Ensuring that every piece of evidence is preserved and presented effectively.  
• Maximizing your compensation by accounting for all possible damages.  

Take Steps Toward Justice  

Construction accident claims are uniquely challenging, but no worker should bear the financial burden of an injury alone. Securing experienced legal support can make all the difference.

At Brassfield & Krueger, we’re here to stand by you. Contact us today for a free consultation to discuss your case. Together, we’ll help restore what’s been lost and fight for the compensation you deserve.