Injured in a Construction Accident? Why Legal Assistance is Crucial in Oklahoma
Construction site accident safety is crucial for both workers and pedestrians near active work zones. Scaffolding falls, slip-and-fall accidents caused by debris, and heavy machinery incidents are just a few hazards that can lead to serious injuries. In Oklahoma, various laws, including premises liability and negligence statues, determine who may be responsible for a construction accident injury.
If you’ve been injured on a construction site, you need a skilled personal injury attorney as soon as possible to handle your case. Knowing which party may be responsible for your accident, which legal theory to use, and how to navigate the legal process requires expert help. The talented personal injury lawyers at Aizenman Law Group are here to provide expert legal guidance and ensure you get the compensation you need to move forward from your construction accident injury.
Common Causes of Construction Accident for Workers
Construction workers are often subject to dangerous working conditions due to a lapse in safety protocols. Unfortunately, whether to save costs or meet deadlines, contractors usually opt to cut corners on Occupational Safety and Health Administration (OSHA) standards.
These safety violations can mean using outdated equipment, failing to provide harnesses, installing guardrails, or hiring unskilled laborers, violating Oklahoma law. For example, Okla. Stat. tit. 40, § 174 mandates that scaffolding protect passersby from falling objects and must have a safety rail if suspended or swung from an overhead support more than twenty feet above the ground.
Beyond the dangers of working above ground, construction sites are also rife with other hazards. Heavy machinery can cause crushing injuries. Slippery surfaces can lead to serious falls. The pressure to meet tight deadlines can amplify stress, increasing the likelihood of careless mistakes. Add in the strain of lifting and moving heavy materials—potentially causing head or spinal injuries—and you’ve got a high-risk environment where even a momentary lapse in judgment can have devastating consequences.
Construction Accident Risks for Pedestrians
Pedestrians face many risks when crossing paths with active construction sites. They may be struck by debris falling from an unprotected sidewalk shed, potentially causing head or neck injuries. Another risk is debris, such as gravel or loose materials, that can cause a devastating slip-and-fall. Even if the area is debris-free, holes or uneven pavement can cause pedestrians to lose footing.
One particularly hazardous practice is employing unskilled laborers to direct traffic around active work zones. Without proper training, these “flaggers” may inadvertently guide vehicles into unsafe areas or overlook oncoming hazards. Activities like jackhammering can also send concrete shards and other debris flying. When corners are cut, and warnings are not posted clearly, pedestrians may bear the consequences.
Common Injuries in Construction Accidents
Construction accidents often lead to devastating injuries that impact a victim’s life forever. That’s why construction accident victims must seek help from a personal injury lawyer as soon as possible to get the compensation they need to focus on recovery. Common construction accident injuries include:
- Traumatic Brain Injuries (TBIs) – Caused by falling debris, slip-and-falls, or blunt force trauma to the head.
- Spine cord injuries and paralysis – A severe fall or machinery accident can lead to permanent disabilities.
- Broken bones and fractures – Often require multiple surgeries and extensive rehabilitation.
- Neck and back injuries – Lifting heavy materials or sudden impacts can result in chronic pain.
- Post Traumatic Stress Disorder (PTSD) – Psychological trauma is common among workers who experience serious accidents.
What Should You Do After a Construction Accident?
If you’ve been injured in a construction accident, the steps you take next are critical. Your action in the hours and days following the accident could determine whether you receive full and fair compensation or struggle to cover your medical bills.
- Seek medical attention immediately. Even if your injuries don’t seem serious, see a doctor. Some injuries—like concussions or internal bleeding—may not be immediately obvious.
- Report the accident. If you’re a worker, inform your supervisor. If you’re a pedestrian, notify the property owner or site manager.
- Document everything. Take photos of the accident scene, your injuries, and any hazardous conditions that contributed to the accident. Keep copies of medical records and any communication with the construction company or insurance adjusters.
- Speak with a lawyer before talking to insurance companies. Insurers will often try to get a recorded statement or pressure you into accepting a low settlement before you understand the full extent of your damages.
Who Is Liable for a Construction Accident?
Construction accident liability can be tricky. Usually, determining who is liable requires a thorough examination of contractual relationships. Often, a general contractor is responsible for the overall project. The general contractor may hire multiple subcontractors to handle specialized tasks.
Both can be held liable if a worker or pedestrian is injured in a construction accident. However, general contractors typically include indemnity provisions that assign the subcontractor to indemnify and defend all suits caused by the subcontractor’s work. Additionally, the owner of the property must keep the premises reasonably safe. If the owner controls or heavily influences how work is carried out, they could also bear liability.
Slip-and-fall accidents illustrate the complexity of determining fault. If a pedestrian is hurt by debris directly related to construction (e.g., loose gravel or materials on the sidewalk), the contractor or subcontractor could be liable. However, liability might rest squarely on the landowner or local municipality if the injury stems from an ordinary sidewalk defect. Sorting out which duty belongs to whom often requires a nuanced legal analysis by a slip-and-fall lawyer.
For workers, the inquiry is more straightforward. The worker’s employer is responsible for maintaining a safe working environment, and failure to do so creates legal liability. However, construction workers are sometimes told they work for one entity but are paid by a different company. Construction companies may create multiple legal entities to serve as shields in legal actions. If a construction company uses deceptive tactics, a personal injury attorney must cut through the confusion to get justice.
What Compensation is Available After a Construction Accident?
Construction accident victims often face extensive financial burdens, from medical expenses to lost wages. A successful personal injury attorney can help recover:
- Medical bills, including hospital stays, surgeries, and physical therapy
- Lost income if your injuries prevent you from working
- Future earnings if your injury leads to long-term disability
- Pain and suffering, including emotional distress
- Punitive damages in cases of gross negligence
Sometimes, construction accident victims are killed by the accident. In that case, a victim’s loved one may be able to file a wrongful death lawsuit. A wrongful death attorney can help hold negligent parties accountable and maximize compensation to help step in for the loss of a loved one’s earnings and the devastating toll it’s had on their family.
How a Personal Injury Attorney Can Help After a Construction Accident?
Contacting a personal injury attorney can significantly impact your chance of legal success following a construction accident. They know which steps to take in the legal process. Beyond legalities, they can help get you in touch with the right doctors for your injuries, streamlining the recovery process and taking guesswork out of the occasion. A personal injury attorney at Aizenman Law Group will:
- Investigate the cause of your accident
- Negotiate with stubborn insurance companies on your behalf
- File a lawsuit against responsible parties
- Handle all legal paperwork and court filings
- Represent you in settlement negotiations or trial
Our wrongful insurance denial attorneys know the tricks insurance companies use to wrongfully deny claims. We won’t let it happen to you. In construction, many insurance companies refuse coverage by alleging that certain accident types are out of scope, even if they are contractually obligated to provide coverage. The insurance attorneys at Aizenman Law Group will fight tirelessly to hold insurance companies accountable for bad faith wrongful denials.
Contact the Personal Injury Attorneys at Aizenman Law Group
You must act fast if you’ve been injured in a construction accident. Chances are you’re unable to work and dealing with steep medical bills. Legal deadlines creep up fast, and evidence fades with time. Luckily, the personal injury attorneys at Aizenman Law Group are available to help.
With experience as former insurance defense attorneys, we won’t let insurance companies lowball or wrongfully deny your claim. We’ll never back down from a legal battle or trial when push comes to shove. We are committed to helping our clients achieve maximum compensation so they can focus on recovery.
Call Aizenman Law Group at 918-215-8856 any time day or night for a no-cost consultation. Let’s work together to get you the compensation you need to move forward.