Workers Compensation

Construction Accidents in Ohio

Construction accidents may cause catastrophic injuries to workmen and sometimes even lead to death. Injuries can occur at any workplace, but construction site accidents and injuries amount to a substantial number of workplace accidents in the United States. In 2019, approximately 5,333 workers died on the job according to the United States Bureau of Labor Statistics. As per the Occupational Safety and Health Administration (OSHA), about 20% of worker deaths in 2019 were in the construction industry.

Major Causes of Construction Accidents

There were roughly 150,000 construction injuries and accidents in 2018 as per the United States Bureau of Labor Statistics. According to the OSHA, there are four major causes of construction accidents, also known as the ‘fatal four’ or the ‘focus four’:

  • Falls- In 2018, falls amounted to nearly 33.5% of construction deaths. Some common factors leading to falls are unprotected sides and edges, improperly constructed working and walking surfaces, and improper use of a personal fall arrest system.
  • Struck-By –Struck by collapsing structures or objects caused roughly 11.5%of construction deaths in 2018.
  • Caught-In or -Between – This includes accidents that occur when a worker is caught or crushed in a piece of equipment. It amounted to approximately 5.5% construction deaths in 2018.
  • Electrocution- This caused roughly 8.5% of construction deaths in 2018.

Parties Involved in Construction Accident Claims

A worker injured at a construction site may be able to recover damages based on the liability of the parties involved including:

  • The construction company
  • Engineers and design professionals
  • Property owner
  • Contractors and subcontractors
  • Suppliers

The worker has an option to file a workers’ compensation claim against the employer. However, in case a third party is involved, the injured person may file a personal injury case as well.

Liability in Construction Accident Claims

Ohio’s workers’ compensation system allows employees to recover damages for medical costs and lost wages from the employer. By claiming workers’ compensation, the employee absolves the employer of any further liability and cannot file any other claim against him. Workers’ compensation is available only against the employer.

However, in addition to a workers’ compensation claim, the employee can also choose to file a personal injury claimif a third party’s negligence also played a part in the accident. The chances of succeeding may depend upon the amount of negligence attributed to the parties involved. A property owner may be held liable if the accident was caused by a hazard inherent to the premises, and not due to an element of the construction site. For example, if the property owner fails to inform the contractor about a rotten tree at a construction site, he may be held liable if that tree falls and injures a worker.

Limitation to File a Claim

In Ohio, the limitation to file a workers’ compensation claim is one year from the date of the injury. In the case of personal injury claims against a third party, the worker may file a claim within two years from the date of the injury.

Consult an Ohio Construction Accident Attorney

Construction accident injuries may cause enormous pain and financial strain on the victims and their families. Some victims may never recover fully from severe injuries. In such cases, one must be aware of his rights and legal remedies available against the employer or third parties. Our team of construction accident attorneys can help you in the evaluation of your claim and fight to get you the compensation you deserve. To learn more about your construction accident case, reach out to our team of construction accident attorneys at Ziccarelli & Martello for a free consultation.