Construction workers face many hazards on the job. Some are inevitable, but too many dangers – and serious or fatal accidents – arise because someone (or some entity) failed to do what they were required to do. Because major construction projects typically involve a variety of entities, including general contractors, subcontractors, and more, the blame for your construction accident may fall on someone other than your employer. That means that, with the advice and counsel of an experienced Oregon industrial accident lawyer, you can potentially recover vital compensation through the civil justice system.
When it comes to construction dangers, four areas stand out: falls, electrocution, cave-ins during trenching or excavation, and “struck-by” accidents. According to the Occupational Safety and Health Administration, roughly ¾ of “struck-by” injuries involve heavy equipment like trucks and cranes. OSHA’s data also shows that approximately 25% of fatal “struck by vehicle” accidents involve construction workers, more than any other profession.
A local accident from late May was yet another example of those dangers. On May 30, a forklift rolled on top of S.D., an ironworker working on the massive “modernization” project at a century-old high school in Northeast Portland, pinning and crushing her. The worker died two days later.
The ironworker’s mother sued on the deceased woman’s behalf. The lawsuit accused the project’s general contractor of wrongdoing, including “failing to properly train the forklift operator, failing to have adequate staff on site to properly monitor the work that was underway, and failing to enforce policies and procedures to prevent struck-by incidents.”
As noted above, large construction projects like this one usually involve multiple contractors. This reality can aid construction workers injured in Oregon. Oregon law very rarely allows you to sue your employer for injuries you suffer on the job, limiting you to the benefits the workers’ compensation system provides.
Industrial Accident Lawsuits in Construction Injury Cases
Workers’ compensation benefits, however, often are not nearly enough, especially in construction, where injuries are often major. An industrial accident lawsuit may provide vital aid. In an industrial accident matter, the injured worker (or a legally permissible representative acting on behalf of a fatally injured worker) sues parties other than the employer for their roles in causing the accident. In a forklift accident, you potentially could hold responsible the forklift operator’s employer (as long as they were employed by someone other than your employer.) If your employer and the forklift operator’s employer both were subcontractors, the facts might allow you to hold both the operator’s employer and the project’s general contractor accountable for the harm you suffered.
If you are injured on a construction project while working for a subcontractor, taking legal action against the project’s general contractor may be wise, as general contractors have special responsibilities for ensuring safety across the entire job site, including the well-being of workers employed by the project’s various subcontractors.
The facts of your case may reveal that third-party entities other than the general contractor are responsible. For example, if another subcontractor brought a defective forklift to the site and an injury accident ensued, you might have options against that subcontractor, the forklift’s manufacturer, and possibly others. Alternately, if your accident occurred because the forklift operator never received the training they should have, you could hold that subcontractor accountable for negligently training its operator.
Workers hurt on the job should bear in mind that industrial accident litigation in Oregon often is a highly complex pursuit. To maximize your odds of getting justice, holding wrongdoers accountable, and obtaining essential compensation for your family, it is wise to look to an experienced Oregon industrial accident attorney. At Kaplan Law LLC, our team possesses the unique and in-depth knowledge of industrial accident law needed to guide injured workers and their families through this challenging legal landscape. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.