Construction sites across the province are often busy and bustling with activity. However, significant accident risks and potential hazards lurk in these hubs of productivity. From trips and falls to equipment malfunctions, construction workers may face dangers daily, and if an injury occurs, navigating the legal landscape of personal injury claims can be daunting.
This blog will explore the legal principles governing construction and industrial injury claims, the steps involved in pursuing compensation, and the factors that can influence the outcome of a case.
Serious Construction Site Accidents
A construction or industrial site accident can cause serious physical, psychological and emotional injuries. In extreme cases, a construction accident may result in death. Often, such accidents are caused due to negligence and failure to follow basic safety rules and procedures. If you have been injured in a construction or industrial accident, it is essential to prioritize your health and recovery. It is also important to consult with an experienced construction accident lawyer to determine whether you have grounds for legal action and ensure your rights and interests are protected.
Common Causes of Job Site Accidents
In today’s modern construction industry, workers rely on various equipment, tools and machinery to perform tasks. However, insufficient safety precautions and defective machines can quickly result in accidents. Job site accidents may occur for a variety of reasons, such as:
- Lack of fall protection
- Tripping hazards
- Scaffolding accidents
- Dangerous property conditions
- Exposure to toxic chemicals
- Power tool accidents
- Getting caught in a machine or tool
- Defective equipment or machinery
- Struck by a falling object or machine
Job site accidents can result in serious injuries, including, but not limited to:
- Fractures;
- Amputations;
- Orthopaedic injuries;
- Traumatic brain injuries, or
- Death.
The Role of Employees and Employers
Employees play a crucial role in maintaining safety in the workplace. When using tools, equipment and machinery, employees must adhere to the employer’s safety practices and use protective equipment properly. Employees can mitigate their chances of being injured on a job site by proactively reporting potential risks and staying informed about potential hazards.
Employers also play a fundamental role in maintaining and enforcing workplace safety.
Employers must ensure that employees are adequately trained on workplace safety and awareness to understand the risks associated with their work environment. They must also conduct regular risk assessments and ensure all protective gear, equipment and tools are used properly. Maintaining up-to-date safety practices and protocols on the job site and efficiently addressing reported safety concerns can help minimize the chances of serious accidents.
Job Site Injuries and the Workers’ Compensation Board (WCB)
If you have been injured in an accident on a job site, it is critical to report your injury to your employer immediately, as well as the Alberta Workers’ Compensation Board (also referred to as the “WCB”). The Workers’ Compensation Board is intended to help workers who have been injured during their work. The Workers’ Compensation Board aims to help injured workers get the necessary medical care and treatment they need for their recovery while providing compensation to supplement lost wages due to time missed from work.
However, an injured employee may be prevented from bringing a civil lawsuit against an at-fault tortfeasor under section 21 of the Workers’ Compensation Act. As such, the at-fault party must not be an insured employee or employer under the Workers’ Compensation Board when the accident occurred.
Do I Need a Personal Injury Lawyer for My Construction Accident?
An injury lawyer can help you identify the party or parties responsible for your injuries and determine whether you have grounds to pursue an injury claim. A construction site owner may generally be held liable for your damages as they are in charge of the location where the injury occurred. Moreover, if the engineers or architects do not draw up the plans for a construction site properly or a contractor fails to advise of potential safety hazards, they may also be found responsible for your damages.
An injury lawyer can also advance an injury claim or product liability claim on your behalf to pursue and recover the maximum financial compensation. If you have been injured due to another party’s negligence, you may be entitled to compensation for:
- General pain and suffering;
- Past and future income loss;
- Medical costs and related out-of-pocket expenses and/or
- Loss of housekeeping services.
In extreme cases, a personal injury lawyer may also help your loved ones file a claim for a wrongful death claim.
Working with an injury lawyer can also help you navigate difficulties relating to obtaining workers’ compensation benefits, inadequate workplace accommodations, and resolving disputes over the circumstances of the accident.
Contact Calgary’s Construction Accident Lawyers at Cuming & Gillespie for Trusted Guidance and Representation in Your Injury Case
The seasoned construction accident lawyers at Cuming & Gillespie in Calgary understand that industrial accidents happen quickly and navigating the legal process can be daunting. If you or a loved one has been injured as a result of a construction or industrial accident, our injury team is ready to help. We will review your case and help you determine whether you have grounds to pursue a civil claim outside of the Workers’ Compensation Board. We work quickly to ensure that our clients recover the maximum compensation available and receive the treatment they need. To discuss your construction accident with a member of our team and learn how we can assist you, contact us online or by phone at 403-571-0555.