Construction Accidents
Construction is one of the riskiest occupations in the United States. Hundreds of thousands of workers are killed or injured in construction site accidents every year. When a construction worker is injured, the results can be devastating.
Serious injury to a construction worker can mean the loss of a career. Since tradesmen are typically well paid and have excellent benefits, it’s extremely difficult for an injured worker to find a comparable job. In addition, the long-term effects of a serious construction site injury can tear a family apart.
Who Is Responsible?
Owners, architects, insurance companies and equipment manufactures may be held responsible for inadequate safety provisions at a construction site. General contractors and all subcontractors are required by law to:
- Provide a reasonably safe site
- Warn of hazards inherent in the site and work
- Coordinate job safety and supervise compliance with safety specifications
Unfortunately, in spite of these requirements, construction site accidents happen every day. Efforts to cut costs and maximize profits sometimes result in situations where precautionary measures are ignored and speed takes precedent over safety.
Frequently Asked Questions About Construction Accident Claims
Nebraska construction injury cases involve layered rules and strict deadlines, making it easy to become confused and risk mistakes. To help you take wise steps, our lawyer has answered some of the most common questions that arise after a construction accident.
Other than my employer, who may be liable for a construction site injury?
Liability may extend to several third parties when unsafe conduct or defective conditions contribute to a construction accident injury. Examples of potentially liable parties include general contractors, subcontractors, property owners, equipment manufacturers and companies responsible for construction site safety. Each party has separate duties related to training, hazard control and equipment maintenance.
A third-party claim may be possible when a nonemployer’s negligence directly contributes to the incident. Successful claims often require a detailed investigation because each entity’s legal responsibilities may be different under Nebraska law.
If faulty equipment or defective tools caused my injury, can I file a lawsuit?
Perhaps. A lawsuit may be possible when a defective tool, machine or safety device causes harm. Defective product claims can involve design defects, manufacturing flaws or inadequate warnings. These cases often require prompt preservation of the equipment and a thorough evaluation.
Nebraska law allows injured workers to pursue compensation from manufacturers, distributors or maintenance companies when a defect or failure to warn leads to injury. An early evaluation by an experienced attorney can help you determine whether the defect existed before the incident or resulted from improper maintenance.
Can I file a personal injury lawsuit and still receive workers’ compensation?
Yes. Workers’ compensation benefits are available regardless of fault and do not prevent an injured worker from filing a third-party claim. A personal injury lawsuit may be appropriate when a nonemployer’s negligence contributes to the accident. A common example is a claim against a subcontractor that ignored fall protection rules and created an unsafe condition that directly caused the injury.
Nebraska permits both claims, but workers’ compensation insurers may assert a lien on part of your personal injury recovery. The process requires careful coordination to ensure compliance with state rules and protect your financial interests. An attorney can aid you in managing lien issues, negotiating any reductions and helping ensure that both claims proceed without jeopardizing your available benefits.
Let Us Build Your Legal Case
At Shefren Law Offices, we’re here to help. Have you been injured while working construction? Our attorney will fight to get you the compensation you deserve.
If you’ve been injured on a construction site, contact Shefren Law Offices at 402-378-9882 or fill out the form on our contact page.