Construction sites involve heavy equipment, scaffolding, electric tools, and many vehicles coming and going. When you put these together, it’s no surprise that worker injuries are common.
At The Vance Law Firm, our Montgomery construction accident lawyers represent injured workers and the families of those who have lost a loved one in a job site accident.
Construction-Related Injuries Are Common
In 2023, there were 1,075 construction deaths in the U.S., accounting for around 20% of all occupational deaths, and the most of any industry sector. Falls, struck-by incidents, electrocutions, and caught-in-between accidents account for the majority of deaths in the construction industry, which is why they are often referred to as the “Fatal Four”.
Who Can Be Held Liable in Montgomery Construction Accident Cases?
Construction sites bring together multiple parties working in close coordination. When an accident occurs, any combination of these parties could potentially be held legally responsible. Skilled Montgomery construction accident lawyers will focus on identifying every liable party to maximize your financial recovery.
Responsible parties might include:
- General Contractors: As the party responsible for overall site management, general contractors carry significant legal obligations for worker safety. Under federal Occupational Safety and Health Administration (OSHA) regulations, general contractors are required to ensure that health and safety standards are enforced across the entire job site, and they can be held liable when those standards are not met.
- Equipment Manufacturers: When a defective machine, tool, or electrical device causes an injury, the manufacturer may be held liable under Alabama product liability law. Common examples include defectively designed scaffolding, malfunctioning heavy equipment, faulty electrical tools, and substandard personal protective equipment (PPE).
- Subcontractors: Subcontractors and independent third parties can be held accountable if they violate safety regulations, use defective or improper equipment, or fail to adequately train the workers under their supervision.
- Engineering and Architectural Firms: Negligent building design or engineering errors can create dangerous conditions for workers on a job site. When poor design contributes to an accident, responsible engineering or architectural firms might be held liable.
- Property Owners: Landowners and site owners have a legal duty to maintain reasonably safe conditions on their property. If an owner knew, or should have known, about a hazardous condition and failed to correct it, a premises liability claim may be available.
- Trucking Companies: Trucking companies and their drivers may share liability when improperly secured loads shift and fall on workers, or when a vehicle is involved in a crush or caught-in-between accident on the job site.
What To Do Immediately After a Construction Accident in Montgomery
If you’ve been injured in a construction site accident, there are several steps you should take immediately afterward to protect your health and preserve your legal rights.
These are some of the most important steps to take:
- Seek emergency medical care. Call 911 or go directly to the nearest emergency facility, even if your injuries appear minor. Conditions such as internal bleeding, traumatic brain injury, and spinal damage often present no immediate symptoms, but symptoms can arise days or weeks later. Delayed treatment not only jeopardizes your health, but it can also be exploited by insurers to minimize your claim.
- Report the accident in writing. Alabama law requires prompt notification by employers to preserve your workers’ compensation rights. Notify a supervisor or site manager immediately and confirm that a written incident report is generated.
- Document everything you can. Photograph the accident scene, involved equipment, visible hazards, and your injuries. Obtain accident witness names and contact information. Construction sites are active environments, and evidence can be removed or altered within hours.
- Preserve all records. Retain copies of medical records, bills, pay stubs, and any accident-related correspondence. These documents are important in establishing the full scope of your financial damages.
- Do not give a recorded statement. Insurance companies often contact injured workers quickly and without warning. Any statement you make can be weaponized to reduce or deny your legal claim. Hire a construction injury lawyer in Montgomery before speaking with any insurer.
- Consult a construction accident attorney. Workers’ compensation benefits may not account for the full extent of your losses. An experienced job-site injury lawyer can assess whether a third-party personal injury claim is available alongside your workers’ comp filing. An attorney can protect you from accepting a premature settlement that undervalues your injuries.
Compensation Available for Injured Workers in Montgomery
Worksite accidents can leave workers unable to return to work and support themselves and their families for weeks, months, or years. In some cases, workers may become permanently disabled, or unable to return to the same type of work they did before. This can often be financially devastating and emotionally demoralizing. No worker deserves to lose their livelihood over someone else’s negligence.
At The Vance Law Firm Injury Lawyers, we understand what you are going through, and that is why we fight hard to get you the compensation and support you deserve.
This may include:
- Medical expenses
- Lost wages
- Lost future earning capacity and anticipated bonuses and benefits
- Vocational rehabilitation
- And more
Statute of Limitations for Filing a Construction Site-Related Personal Injury Claim in Alabama
Under Alabama Code § 6-2-38, injured construction workers, or surviving family members in the event of death, have two years from the date of the accident to file a personal injury, catastrophic injury, or wrongful death claim. Workers’ compensation claims are governed by separate deadlines. An Alabama workers’ compensation attorney can help you determine which apply to your circumstances.
Beyond the stress of filing your claim in time, Alabama adheres to a strict contributory negligence doctrine – one of the most plaintiff-restrictive in the nation. If a worker is found even minimally at fault for an accident, they could be barred from recovering financial compensation, regardless of other parties’ negligence.
This is why early consultation with a knowledgeable work injury lawyer is essential for protecting your rights before critical deadlines pass or evidence is lost.
Montgomery-Area Construction Site Accidents in the News
From housing developments to office buildings and retail projects, Montgomery construction sites have seen serious and even fatal accidents in the recent past. Examples include:
- Worker Dies at Vaughn Road Construction Site: A construction worker was fatally injured at a site near the intersection of Vaughn Road and Marler Road. The Montgomery County Sheriff’s Office said a crew was pulling a cable across the roadway when a vehicle ran over the cable, snagging it. The worker was subsequently pinned between the cable and a work truck. Tragically, he died in the hospital due to the severity of his injuries.
- Double Fatality at Montgomery Outer Loop Bridge Construction: Two bridge workers were killed when the lift they were in failed and detached from the side of the bridge they were working on. The defective equipment tumbled more than 90 feet to the ground. OSHA opened an investigation into the construction deaths at the multi-million-dollar project.
Places to Seek Medical Treatment for a Construction Injury in Montgomery
Workers injured in construction site accidents can seek emergency treatment and follow-up care at several hospitals and emergency rooms in the Montgomery area.
However, it is important to keep in mind that while pursuing third-party liability claims, injury victims may see their choice of doctor, but those pursuing workers’ comp benefits may be restricted to seeing a provider approved by their employer.
Local medical centers include:
- Baptist Medical Center South – Located at 2105 East South Boulevard, Montgomery, AL 36116. Baptist Medical Center South is the only Level II Trauma Center between Mobile and Birmingham, making it the region’s most critical trauma resource. The ER handles approximately 50,000 visits per year.
- Jackson Hospital – Located at 1725 Pine Street, Montgomery, AL 36106. Jackson Hospital participates in Alabama’s Trauma System and is designated as a Level III Trauma Center.
- Encompass Health Rehabilitation Center – Located at 4465 Narrow Lane Road, Montgomery, AL 36116. An inpatient rehabilitation facility, Encompass Health provides physical, occupational, and speech therapists as well as doctors and nurses to help regain mobility and functioning after a severe workplace injury.
- UAB Hospital – Located in Birmingham, UAB is the only hospital in Alabama currently designated as a Level I adult trauma center, and it serves as a regional referral center for traumatic brain injuries, spinal cord trauma, burns, and other serious conditions.
Injured while Working on a Construction Site? Contact The Vance Law Firm
When you’ve been seriously injured on a construction site, having an experienced legal team on your side can make all the difference. The Vance Law Firm Injury Lawyers knows how to protect you and your family’s legal rights.
Our skilled and compassionate workers’ compensation team fights aggressively on behalf of our clients. To find out more about how we can help, contact us for a free initial consultation.