Construction sites in Maryland account for thousands of accidents resulting serious injuries every year, often resulting in permanent disabilities. The Maryland construction accident lawyers at Miller & Zois handle construction site cases involving catastrophic injury, and we have a track record of success.
The majority of construction accidents are attributable to employer negligence and end up being resolved as workers’ compensation claims. Often, however, there are third parties that can be held liable for construction site injuries outside of worker’s comp. If you have been injured in a construction site accident, contact our Baltimore construction accident lawyer to discuss your legal options.
Common Causes of Construction Site Accidents
Construction sites are inherently hazardous, and accidents happen for a wide range of reasons. Common causes of construction accidents include faulty or defective equipment, lack of adequate safety precautions, electrocution, machinery collisions, and co-worker negligence.
The largest percentage of construction mishaps occur during the worker’s first year on the job. Inexperience is the most obvious answer for this spike in first-year accidents. Another problem for workers, generally but particularly new employees, is overexertion. Your body is not ready for the demands of the job, or, for long-time employees, your body is worn out from the demands of the job. Overexertion causes nearly one-fourth of workplace injuries.
Another great risk factor for workers is elevation. Falls are common. Injuries from elevation falls are the third leading cause of construction injuries and fatalities. Other common accidents include: scaffold accidents, explosions, electrocution accidents, and forklift collision injuries.
Types of Injuries in Construction Accidents
According to the Occupational Safety and Health Administration (OSHA), the construction industry is one of the most dangerous occupations. Injured workers can experience a variety of construction accident injuries while on the job. Physical injuries can range from minor things such as lacerations and bruises to very severe permanent injuries and even death. The severity of the injury is generally dependent on the nature and circumstances of the accident.
Back injuries are the most common type of injury in construction accident cases. Just over 20% of all construction-related injuries involve the back. Common back injuries in construction accidents include disc herniations, pinched nerves, or cervical sprains.
Head injuries (traumatic brain injuries) are another common type of construction site injury. Head injuries can be serious and are a common cause of disability and death in all accidents, including construction site accidents. Other common construction site injuries include burn injuries, broken bones, eye injuries, and hearing loss or tinnitus.
All of these common construction site injuries require extensive medical care and treatment. They may also leave you unable to work for extended time periods. For most construction site injuries, the injured victim’s only recourse for financial compensation is to pursue a worker’s comp claim. However, workers’ compensation doesn’t always cover all of the financial losses that a serious injury can present. Fortunately, victims can sometimes pursue compensation from third parties other than their employer in a personal injury civil lawsuit.
Damages for Construction Injuries
In a workers’ compensation claim, the victim is only entitled to limited damages for their injuries. In a personal injury tort case against a third party, however, the victim can recover more significant damages. Successful plaintiffs in a personal injury civil case can get damages for the following:
- Past & Future Medical Expenses: tort plaintiffs are entitled to damages for the total cost of any and all medical treatment that they incurred as a result of their injuries. This includes everything from hospital stays, physical therapy, medicines, mobility aids, and any other reasonable and necessary treatment. Moreover, victims are entitled to recover damages for medical expenses even if they are covered by their health insurance. Medical expense damages cover not only treatment that the victim has already received, but also any medical treatment they might require in the future.
- Lost Income: tort plaintiffs can also recover damages for lost wages or lost income they incur as a result of their injuries. This includes not just past lost wages, but also future lost wages.
- Pain & Suffering: in addition to “economic damages” for things such as lost wages and medical expenses, personal injury plaintiffs can be awarded damages for mental pain & suffering they incur as a result of their physical injuries.
Liability for Construction Site Injuries
Construction workers who are injured on the job may be limited to pursuing a workers compensation claim against their employer. Workers’ comp claims offer limited compensation compared to personal injury lawsuits. However, the workers’ comp laws generally limit the ability of employees to bring personal injury tort suits against an employer outside of workers’ comp.
There are numerous legal exceptions that permit injured employee to bring tort lawsuits against employers instead of workers’ comp claims. One of the most common exceptions applies to independent contractors. If the injured construction worker is an independent contractor (as many construction workers are) they are generally free to bring civil tort lawsuits against the owner of the construction site.
Construction Accident Verdicts & Settlements
Below are summaries of recent verdicts and reported settlements from construction accident cases.
- 2024 New York: $2,750,000 Settlement: A 43-year-old laborer was injured during a renovation project at a senior living facility on St. Marks Avenue, Brooklyn, after falling from an improperly secured ladder. The worker filed a lawsuit against Brookstone Developers, the general contractor, citing negligence in maintaining a safe work environment, a direct violation of New York State Labor Law. The injuries sustained included multiple disc herniations across the cervical and lumbar regions, meniscus tears in the left knee, and a partial rotator cuff tear in the left shoulder. This led to extensive medical treatment, including three surgeries: knee arthroscopy, cervical discectomy and fusion, and lumbar fusion. Despite treatment, the laborer reported permanent disability, preventing a return to construction work. The pretrial settlement saw the insurance company for A-1 Iron Work, the laborer’s employer, contribute $2 million, while Brookstone’s insurer added $750,000, totaling $2.75 million. This settlement was reached to compensate for the severe and lasting impacts of the injuries claimed.
- 2024 Virginia: $3.25 Million Settlement: A 16-year-old boy, working as a summer laborer on a construction site, tragically died when a trench he was in collapsed. Despite prior warnings from a Fairfax County erosion inspector that the trench was too deep and unsafe without proper shoring, the construction manager had ordered the teenager to work in the trench before safety measures were in place. The boy’s estate filed a wrongful death lawsuit against the construction company and its manager for negligence, and against the property owner for failing to maintain safe conditions.
- 2024, New Jersey: $1.25 Million Settlement: A 58-year-old truck driver reached a $1.25 million settlement after a severe workplace injury at a construction equipment facility in Sayreville, New Jersey. The accident occurred while he was securing a heavy diesel hammer to his truck, during which a stack of metal braces weighing between 200 and 400 pounds each toppled over and pinned his leg. This resulted in multiple fractures and a significant wound above his right ankle. Extensive medical treatments followed, including vascular surgeries, wound care, skin grafting, and physical therapy. Despite these efforts, he was left with permanent scarring and disfigurement, severely impacting his mobility and ending his career as a commercial truck driver. He now works in a limited capacity at his employer’s yard, managing vehicle movements. The lawsuit claimed negligence on the part of the construction equipment facility for failing to maintain a safe workplace, specifically pointing to the unsafe stacking of metal braces. The defense argued that the truck driver was at fault for the accident. Ultimately, the settlement was reached after pre-trial negotiations, with the facility’s primary insurance carrier providing $1 million and an excess carrier contributing an additional $250,000.
- 2023, North Carolina: $13 Million Settlement: A 54-year-old construction worker was injured after his aerial lift was toppled by an entangled extension cord connected to a snorkel lift operated by an unidentified contractor. The incident occurred while the plaintiff was working 18 feet above ground, drilling holes at a construction site. As a result of the fall, he sustained multiple fractures, including a comminuted ankle fracture. The plaintiff filed a negligence lawsuit against the general contractor, a subcontractor, and the property owner, citing failure to secure the area and supervise lift traffic properly. Allegations included violations of OSHA standards and internal safety policies. Despite the defense’s assertion of the plaintiff’s comparative negligence and the claim that the plaintiff improperly handled the lift and extension cord, a settlement was reached after extensive mediation. The settlement amount was $13 million, reflecting the significant injuries and the plaintiff’s permanent disability.
Contact Our Baltimore Construction Accident Lawyer Today
Maryland construction accident law is complicated. So many paradoxical laws exist, and confusion abounds even among construction accident lawyers. There are so many potential at-fault parties: the employer, subcontractors, the owner, the architect, general contractors, the owner, and the design professional.
We can help you through this confusing mess and counsel you on the best path to earning compensation for the harm that has been done. If you or someone you love has suffered a catastrophic injury or death during a construction accident in Maryland, call our workplace injury lawyers at 800-553-8082 or click here for a free consultation.
Scaffold accidents, explosions, electrocution accidents, and forklift collision injuries.