Skilled lawyer can build case for negligence in construction accident deaths

According to the Department of Labor’s Bureau of Labor Statistics, the nation’s highest work fatalities can come in the construction industry. In 2003 alone there were 1,126 deaths in construction accidents. In other recent years, construction deaths have been topped only by those in mining and agriculture. In just a three-month period in 2008, nine people died in New York City from collapsing cranes on construction sites.

Many may be responsible

The owner, employer, contractor or architect of a construction site owe construction employees a reasonable assurance of safety on the job. The federal Occupational Safety and Health Administration (OSHA) issues and enforces rules to enhance safety and health in the workplace. But such rules aren’t always followed.

Construction accidents can come in many forms, including electrocution when power lines are not disconnected, when needed, and a worker comes into contact with one. Also potentially fatal are collapsing scaffolds and falls from a building’s roof or down an elevator shaft.

Equipment that’s defective and dangerous can be a hazard, including power tools, cranes, forklifts, scaffolding, back hoes and other construction devices. Many construction workers also must work at extreme heights, must handle heavy objects and must operate large machines, all of which can post hazards.

Passersby also can be killed

Not just construction workers but also passersby can be injured or killed on or near a construction site, often from falling objects. Fires and explosions also can occur on a construction site. A construction worker also may be killed on the job because his or her employer did not provide adequate training for a particular task.

If a loved one has died in a construction accident, you may sue the owner or contractors for wrongful death.

When a construction worker’s employer is responsible for injury or death on the job, worker’s compensation laws apply. They do not when a third party, such as a contractor, is responsible. But such third parties still are legally responsible.

OSHA may not be enough

Where your case is tried may determine how much OSHA regulations apply. In some jurisdictions, courts have held that violating an OSHA regulation is negligence per se, which means the OSHA violation in itself is proof enough that an employer has been negligent. In other jurisdictions, courts have held that an OSHA violation is only one element in proving negligence, not the only one.

If you need an experienced wrongful death construction accident lawyer, contact Jim S. Adler & Associates today.