Construction workers perform some of the most dangerous jobs in the Kentucky economy. Building sites are full of potential hazards. Construction accidents often lead to serious or fatal injuries. If you have been injured in a construction accident, you may be eligible to seek significant compensation for your injuries.
If you are a construction worker employed by a construction company, your employer’s workers’ compensation insurance should provide paid medical care and partial payment of your lost wages. Depending on the circumstances, you might also be eligible to file a personal injury lawsuit against an at-fault construction site owner or another construction contractor that created unsafe conditions at the work site.
An experienced construction site accident lawyer with Morgan, Collins, Yeast & Salyer can help you evaluate your options after a construction site injury and stand up for you. Call our Kentucky Courage today at (877) 809-5352 or contact us online for a free consultation with a construction accident lawyer in Kentucky.
What Are Some Kentucky Construction Site Safety Protocols?
The U.S. Occupational Safety and Health Administration (OSHA) governs construction site safety protocols on the federal level. The Commonwealth of Kentucky has its own Occupational Safety and Health program within the Department of Workplace Standards. The KY OSH program enforces safety standards to prevent exposure to harmful conditions or dangerous workplace practices.
For example, construction workers working six feet or more above a lower level must utilize a fall protection system such as guardrails or a personal fall arrest system.
Construction companies in Kentucky may be required to supply personal protective equipment such as hard hats, high visibility vests, and reflective arm and leg bands.
All Kentucky employers are obligated to follow safety protocols to prevent accidents involving their employees and others. Failure to comply can result in safety citations and significant fines to businesses.
Who Can Be Held Liable for Construction Accident Injuries in Kentucky?
Employers
In most cases, workers who are injured on the job in the Kentucky construction industry are eligible for compensation through their employer’s workers’ compensation insurance. Workers’ comp provides paid medical treatments and covers a portion of lost wages regardless of who was at fault for the construction accident. Kentucky law generally bars injured employees from suing their employers based on a workplace injury.
However, a third-party lawsuit may be filed if another construction company working on the same job site caused an accident.
General Contractors and Subcontractors
Multiple companies often share responsibility for site operations and safety on construction sites. The general contractor typically has overall authority, while subcontractors handle specific aspects of the construction project. If a subcontractor’s employee is injured due to negligence by the general contractor or another subcontractor, the general contractor or another subcontractor may be held liable for the worker’s injury.
Examples could include a general contractor allowing hazardous conditions to persist on the site or a subcontractor failing to properly train their workers or warn others of dangers their work creates. In these situations, the injured worker may have a personal injury claim against parties other than their direct employer.
Property Owners
The owners of properties under construction have a duty to ensure a reasonably safe work environment. While they are not expected to monitor every detail of the project, they must disclose known hazards, ensure proper permits are obtained, and avoid creating dangers through their disregard for safety.
For instance, a property owner might be liable if they knowingly provide contractors with faulty blueprints that lead to a structural collapse and worker injuries. Failing to maintain the property in a safe condition or warn of known dangers could expose property owners to liability.
Architects and Engineers
Architects and engineers who design construction projects can be held liable if their plans are dangerously deficient. Workers injured due to flaws in a building’s design or the specified construction methods and materials may have a claim against the responsible architects or engineers.
Manufacturers of Defective Equipment
When a power tool or heavy equipment malfunctions and injures workers, the manufacturer of the defective equipment may be held accountable through product liability lawsuits. Manufacturers have a duty to ensure their products are safe when used as directed. Design defects, manufacturing errors, or failure to provide proper warnings can all be grounds for liability if they lead to worker injuries.
Steps to Take After a Construction Accident in Kentucky
Knowing what steps to take after a construction accident in Kentucky can help you protect yourself and your claim. Be sure to do the following after any workplace accident:
- Seek immediate medical attention for your injuries. Getting a doctor’s examination right away can improve your chances of recovery and establish a link between the accident and your injuries.
- Report the workplace accident to your employer and document everything. A successful claim will depend on evidence. Be sure to keep your accident-related documents and detailed notes.
- Contact a Kentucky construction accident lawyer at Morgan, Collins, Yeast & Salyer to discuss your legal options.
Workers’ Compensation vs. Third-Party Lawsuit
Workers’ compensation is the exclusive remedy for employees injured on the job in Kentucky. It provides benefits on a no-fault basis, meaning that, in most cases, you can receive compensation even if your actions contributed to your injuries. However, workers’ comp does not compensate for non-economic losses like pain and suffering.
In contrast, a third-party lawsuit against a liable party other than your employer allows you to seek compensation for a large range of losses. You can pursue compensation for future medical costs, the entirety of lost income, loss of future earning capacity, pain and suffering, and other injury-related losses. However, you must prove that the third party’s negligence or other legal fault caused your construction injury.
In some cases, an injured worker may receive workers’ compensation benefits from their employer and also pursue a personal injury claim against a third party. An experienced construction accident attorney can evaluate your case to determine whether you may have a viable third-party claim in addition to your workers’ compensation claim.
Contact Our Construction Accident Attorneys Today
Working with an experienced attorney is essential if you have suffered significant injuries in a construction accident in Kentucky. Our Kentucky Courage lawyers can investigate the construction accident to identify all liable parties, calculate the value of your claim, and pursue a personal injury claim if you qualify. We represent construction workers, not insurance companies. We will negotiate with insurers for a fair compensation package. If the insurance company does not offer you a fair settlement, an attorney can represent your interests at hearings or in court.
The experienced legal team at Morgan, Collins, Yeast & Salyer serves injured construction workers across the Commonwealth. Our firm has recovered over $400 million for our injured clients. We e are ready to extend our excellent track record with you. Call us today at (877) 809-5352 or fill out our online form for a free case evaluation to learn more about how we can help you determine construction accident liability.
