Construction is among the most hazardous industries, with workers facing some of the highest injury rates nationwide. While workers, subcontractors, and general contractors recognize these risks, mitigating them remains difficult due to constantly shifting job site conditions. Construction accidents are frequent, often resulting from a combination of dangerous environments, heavy machinery, and high-risk tasks. Despite safety regulations, incidents still happen due to insufficient training, poor site management, or defective equipment. These accidents can lead to severe injuries, such as fractures, traumatic brain injuries, spinal cord injuries, or even fatalities, imposing significant physical, emotional, and financial hardships on victims and their families.

Facing the aftermath of a construction accident can be extremely stressful, particularly when handling complex legal and insurance matters. This is where the expertise of a personal injury lawyer at Brandon J. Broderick, Attorney at Law, becomes essential. Our dedicated attorneys understand the specifics of Ohio construction accident laws and are committed to defending the rights of injured workers. We thoroughly investigate each accident, collect critical evidence, and identify all liable parties, including employers, subcontractors, and equipment manufacturers, to build a strong case on your behalf.

At Brandon J. Broderick, Attorney at Law, we are committed to securing the full compensation you deserve for your injuries and losses, covering medical expenses, lost wages, pain and suffering, and any long-term care needs. We provide compassionate, personalized legal support, guiding you through every step of the legal process with care and expertise. By managing the legal complexities, we allow you to focus on your recovery, family, and well-being, giving you the peace of mind that your case is handled by experienced personal injury attorneys. If you or a loved one has suffered injuries in a construction accident in Ohio, reach out to us today for a complimentary consultation. We’ll review your legal options and provide the support you need to move forward.

The information below aims to answer common questions about legal claims related to construction accidents:

Understanding Negligence in Ohio Construction and Worksite Accidents

Negligence is a critical concept in personal injury law, including construction and worksite accident cases in Ohio. For a plaintiff (an injured party) to establish negligence, they must show that the defendant (a responsible party) failed to exercise reasonable care, which directly led to the injury.

Elements of Negligence:

  • Duty of Care: The defendant had a legal duty to ensure the safety of the plaintiff. In construction settings, various parties, including employers, contractors, and equipment manufacturers, are obligated to maintain safe working conditions.
  • Breach of Duty: The defendant failed to meet this duty by not acting as a reasonably prudent person would under similar circumstances. This could involve violating safety regulations, neglecting equipment maintenance, or failing to provide necessary safety training.
  • Causation: There must be a direct link between the breach of duty and the injury. This requires demonstrating that the injury would not have happened “but for” the defendant’s actions (actual causation) and that the injury was a foreseeable outcome of their actions or inaction (proximate causation).
  • Damages: The plaintiff must have experienced actual harm or damages due to the breach. These damages could include medical expenses, lost income, pain and suffering, and other relevant losses.

Examples of Negligence in Construction Accidents:

  • Inadequate Safety Measures: Failing to enforce essential safety protocols, like fall protection systems or personal protective equipment, can result in preventable accidents and injuries.
  • Defective Equipment: Using or supplying malfunctioning machinery or tools can be highly dangerous. Injuries may occur if the equipment fails due to design flaws, lack of maintenance, or manufacturing defects.
  • Insufficient Training: When workers aren’t properly trained to operate equipment or perform tasks safely, they face increased risks of injury. Employers are responsible for providing adequate training to ensure safe operations.
  • Site Hazards: Leaving hazardous conditions unaddressed, such as unmarked holes, exposed live wires, or unstable scaffolding, can lead to severe accidents. Worksites should be regularly inspected, and any hazards promptly mitigated to ensure a safe environment.

Establishing Liability

In construction accidents, liability determines which parties are legally accountable for the injuries sustained by a worker. Depending on the specific circumstances of the incident, several parties may share responsibility, including contractors, subcontractors, equipment manufacturers, or property owners. Establishing negligence and liability in Ohio construction and worksite accidents requires a solid understanding of legal principles and a careful examination of each detail surrounding the accident.

Victims of construction accidents are encouraged to seek experienced legal counsel to navigate these complex cases and work toward fair compensation. Accepting early settlement offers from insurance companies is often unwise, as these proposals may undervalue your claim. At Brandon J. Broderick, Attorney at Law, we are dedicated to advocating for injured construction workers and helping them secure the compensation they deserve. Contact us today for a free consultation to discuss your legal options.

What Are the Most Common Types of Construction Accidents in Ohio?

Construction sites pose significant risks, and even with strict safety regulations, accidents happen all too often. In Ohio, certain types of construction accidents occur frequently due to the demanding nature of the work and hazardous site conditions. Recognizing these common accident types—such as falls from heights, equipment malfunctions, and injuries from falling objects—can support efforts to implement more effective safety protocols and reduce future incidents. Each year, many construction injuries are preventable with better oversight, training, and adherence to safety guidelines.

Slips, Trips, and Falls

Falls are the most frequent cause of fatal injuries in the construction industry. These incidents often involve workers falling from heights like scaffolding, ladders, roofs, or other elevated surfaces due to insufficient fall protection, unsteady working surfaces, or lack of safety harnesses.

  • An example is a worker slipping off a roof without guardrails in place.
  • Falls can also occur if a scaffold is improperly assembled or lacks adequate fall protection.

Struck-by Accidents

Struck-by incidents occur when workers are hit by moving objects, vehicles, falling tools, or malfunctioning equipment.

  • For instance, a worker could be struck by a moving forklift or construction vehicle.
  • Falling tools or materials from above also pose a serious risk, potentially leading to severe injuries.

Electrocutions

Electrical hazards on construction sites are substantial, often stemming from exposed wires, faulty installations, or misuse of electrical equipment.

  • Contact with live wires is a common cause of electrocution.
  • Additionally, improperly grounded equipment can lead to electric shocks, posing a threat to workers’ safety.

Caught-in/between Accidents

These accidents involve workers being caught, crushed, or pinned between objects or parts of machinery.

  • A common scenario is a worker caught in machinery that lacks proper safety guards.
  • Workers may also be crushed between a construction vehicle and a wall or another immovable object, resulting in serious injuries.

Scaffold and Ladder Accidents

Improper use and construction of scaffolds and ladders frequently lead to construction site injuries. Accidents here can involve falls, collapses, and equipment malfunctions.

  • A scaffold may collapse if it’s overloaded or poorly constructed.
  • Falls from ladders often occur due to incorrect positioning or unsafe usage.

Trench Collapses

Trench collapses are particularly hazardous for workers performing excavation tasks. If trenches are not properly shored or protected, they can cave in, burying workers and creating life-threatening situations.

  • Inadequate shoring can lead to a trench wall collapse, trapping workers inside.
  • Workers may suffer from suffocation or injuries when trench walls suddenly give way.

Equipment-Related Accidents

Heavy machinery and construction equipment are necessary tools on a construction site but can be hazardous if not correctly maintained or operated.

  • Accidents involving cranes, including tipping over or dropped loads, can cause significant harm.
  • Lack of maintenance can result in injuries from malfunctioning tools or machinery.

Exposure to Hazardous Materials

Construction workers often encounter hazardous substances like asbestos, lead, silica dust, and various chemicals, all of which pose serious health risks.

  • Workers may inhale asbestos fibers during demolition work.
  • Skin contact with corrosive substances or inhalation of toxic fumes can lead to health complications.

Fires and Explosions

The presence of flammable materials, gas leaks, and mishandling of combustible substances heightens the risk of fires and explosions on construction sites.

  • A gas leak can ignite, causing a potentially devastating explosion.
  • Fires may start from electrical faults or improper storage of flammable materials, putting everyone on-site at risk.

Identifying the most prevalent construction accidents in Ohio underscores the critical need for strict adherence to safety protocols and regulations. Both employers and workers should emphasize safety training, proper equipment usage, and compliance with OSHA guidelines to reduce the risk of these incidents. By recognizing these common hazards, the construction industry can actively work towards creating safer environments, protecting the well-being of everyone on site.

Steps to Take If You Are Injured in an Ohio Construction Accident

If you are injured in a construction accident in Ohio, taking specific steps can help ensure your safety, protect your rights, and maximize your potential compensation. Here are essential actions to take following a construction accident:

Seek Immediate Medical Attention

Prioritize your health and safety by seeking immediate medical care, even if your injuries seem minor. Prompt treatment ensures that your injuries are addressed and provides a documented medical record, which is essential if you decide to file a workers' compensation claim or a personal injury lawsuit.

Report the Accident

Notify your supervisor or employer about the incident as soon as possible. Ohio law requires timely reporting of work-related injuries to initiate the workers' compensation process. Provide a detailed description of the accident, including the time, location, and circumstances, and ensure that an official accident report is filed.

Document the Scene

If possible, thoroughly document the accident scene. Take photos or videos of the area, any equipment involved, visible hazards, and your injuries. Gather contact information from any witnesses, as their statements may be invaluable in supporting your claim.

Keep Detailed Records

Maintain thorough records of all medical treatments, prescriptions, and expenses related to your injury. Document your symptoms, pain levels, and how the injury affects your daily life and ability to work in a journal. These records provided vital evidence of the injury’s impact on your life and are essential for supporting your compensation claim.

File a Workers' Compensation Claim

In Ohio, most employers must carry workers' compensation insurance, which covers medical expenses, lost wages, and disability benefits. Follow your employer’s procedures to file a claim and submit all necessary documentation promptly. If you face any issues, consult with a workers' compensation attorney to ensure you receive the benefits you’re entitled to.

Consult with an Experienced Attorney at Brandon J. Broderick

Consulting a construction accident attorney is vital to understanding your legal rights and navigating the complexities of workers' compensation. An attorney can also help identify additional legal avenues for compensation, such as filing a personal injury claim if a third party—like a subcontractor, equipment manufacturer, or property owner—was partially responsible for the accident.

Avoid Discussing Your Case or Posting on Social Media

Avoid discussing your accident, injuries, or any related legal matters on social media or with anyone except your attorney. Insurance companies and other parties may attempt to use your statements against you to minimize or deny your claim.

Taking these steps after a construction accident in Ohio will help protect your health, legal rights, and financial security. Seeking immediate medical attention, reporting the accident, documenting the scene, and consulting with an experienced attorney like Brandon J. Broderick, Attorney at Law, are essential steps to ensure you receive the necessary care and compensation to recover and move forward from a construction accident.

Who Is Liable for Construction Accidents in Ohio?

Understanding liability in Ohio construction accidents requires a close examination of the responsibilities and actions of various parties involved on the site. Depending on the accident circumstances, multiple entities may be held accountable. Here is an overview of potential liable parties:

Employers

Employers in Ohio are responsible for providing a safe work environment and must comply with both state and federal safety regulations. Ohio mandates most employers to carry workers' compensation insurance, which covers injured employees regardless of fault. This system generally protects employers from direct lawsuits by employees for work-related injuries, but exceptions may apply if the employer acted with intentional misconduct or gross negligence, opening the door to potential liability outside workers' compensation.

General Contractors and Subcontractors

General contractors oversee the safety and compliance of the construction site and must ensure all safety protocols are strictly followed. If a general contractor fails to address hazards or uphold safety standards, they can be held liable for accidents. Subcontractors may also bear responsibility if their negligence or actions directly cause an incident. Both general contractors and subcontractors must provide proper training, equipment, and safety measures to safeguard against accidents.

Property Owners

Property owners may be liable if unsafe conditions on their premises contribute to a construction accident, especially if they retain control over the site or are aware of potential hazards but do not rectify them. The extent of liability often hinges on the property owner's level of control and knowledge regarding the construction activities and site conditions.

Equipment Manufacturers

If defective machinery or tools cause an accident, the manufacturer or distributor of that equipment could be held liable under product liability laws. This includes issues stemming from design defects, manufacturing flaws, or inadequate instructions or warnings. When it is demonstrated that an equipment defect directly caused the injury, the injured party may seek compensation from the manufacturer.

Other Third Parties

Other professionals involved in the construction project, such as architects, engineers, or project managers, may also be held liable if their professional negligence or errors contribute to an accident. For example, if an architect’s design oversight leads to structural instability, they may bear responsibility. Likewise, engineers or project managers could be held accountable if their mistakes result in unsafe practices or compromised site safety.

Construction accident liability in Ohio often involves multiple parties, each with distinct duties and legal responsibilities. Identifying who is liable demands a thorough investigation of the incident, an understanding of applicable safety standards, and expert legal analysis. Injured workers should seek legal representation to navigate the complexities of construction accident claims and to ensure accountability for all negligent parties. Knowledge of these liability factors is essential to help victims obtain the compensation needed for their recovery and future stability.

How Does Workers' Compensation Work for Construction Accidents in Ohio?

Workers' compensation in Ohio serves as a critical no-fault insurance system, providing financial and medical benefits to employees who sustain work-related injuries or illnesses. Designed to ensure that injured workers, particularly those in high-risk fields like construction, receive necessary medical treatment and financial support without proving employer fault, this system is mandated by state law. It allows for a streamlined compensation process while protecting employers from costly lawsuits. In Ohio, most construction workers—whether full-time, part-time, or seasonal—are eligible for workers' compensation benefits, though independent contractors are generally excluded unless specific qualifications are met.

Workers' compensation benefits in Ohio are vital in supporting construction workers and other employees who suffer work-related injuries or illnesses. Key benefits typically include:

1. Medical Benefits: Coverage for necessary medical treatments related to the injury, including hospital stays, surgeries, medications, physical therapy, and any other essential medical expenses.

2. Temporary Total Disability (TTD) Benefits: For workers unable to return to work temporarily, these benefits provide wage replacement. Typically, workers receive a portion of their average weekly wage until they can resume work.

3. Temporary Partial Disability (TPD) Benefits: For those able to work in a limited capacity and earning less than their pre-injury wages, TPD benefits cover a percentage of the difference between pre-injury and current wages.

4. Permanent Total Disability (PTD) Benefits: If the injury prevents the worker from ever returning to work, PTD benefits provide two-thirds of the worker’s average weekly wage for the duration of the disability.

5. Permanent Partial Disability (PPD) Benefits: For workers who suffer permanent partial disabilities but can still work, PPD benefits offer compensation based on the severity and impact of the disability.

6. Lump Sum Settlements for Disfigurement or Loss of Function: Additional compensation may be awarded for significant disfigurement or the permanent loss of function in specific body parts.

7. Survivor Benefits: If a worker dies as a result of a workplace accident, surviving dependents may be eligible for death benefits and funeral expense coverage.

Navigating Ohio’s workers' compensation system can be complex, and injured workers are encouraged to seek legal representation to ensure they receive the full range of benefits they are entitled to. A knowledgeable workers' compensation attorney can assist with filing claims, gathering necessary documentation, and representing the worker in disputes or appeals.

In Ohio, workers' compensation laws largely determine the legal environment surrounding construction accidents and employer liability. The system is designed to provide injured workers with prompt compensation while typically limiting their ability to sue their employer. However, there are specific exceptions that may allow an employee to pursue a lawsuit. Below is an overview of when an injured construction worker in Ohio might be able to sue their employer directly.

Can I Sue My Employer for a Construction Accident in Ohio?

Under the exclusivity rule of Ohio’s workers' compensation system, injured employees are generally barred from suing their employers for negligence. Instead, they must rely on workers' compensation benefits, which aim to provide a no-fault method of compensation. This system protects both employees, by ensuring a consistent source of benefits, and employers, by preventing most lawsuits from injured workers.

While the workers' compensation system is the primary remedy for injured employees, some exceptions allow workers to sue their employers in certain situations:

  1. Intentional Torts: If an employer intentionally causes a worker’s injury, the exclusivity rule may not apply. For example, if an employer knowingly places an employee in a situation with an unreasonable risk of harm or acts with malicious intent, the injured worker may have grounds for a lawsuit.
  2. Willful Misconduct or Extreme Negligence: In Ohio, proving willful or extreme negligence on the part of the employer is difficult, but it can sometimes allow for a direct lawsuit. An employee may need to demonstrate that the employer’s behavior was exceptionally reckless, violating basic safety standards with disregard for worker safety.
  3. Third-Party Claims: Although not a direct lawsuit against the employer, injured employees can also pursue claims against third parties whose actions contributed to their injuries. These may include equipment manufacturers, contractors, or other parties on-site. Workers can still receive workers' compensation benefits while pursuing damages from third parties.

For construction workers injured on the job, understanding the nuances of Ohio’s workers' compensation laws and the exceptions that allow for employer liability is important. Consulting with an experienced Ohio construction accident attorney can clarify your legal options and ensure you pursue any compensation available to you.

Suing for Retaliation

In Ohio, employees are protected from retaliation if they file a workers' compensation claim. Ohio law prohibits employers from penalizing or discriminating against employees who exercise their rights within the workers' compensation system. Retaliation might involve termination, demotion, pay reduction, or other negative employment actions aimed at the employee as a response to their claim. If an employee can provide evidence of retaliation, they may be entitled to additional compensation and other legal remedies to address the adverse impact on their employment.

Filing a Lawsuit in Ohio After a Construction Accident: What You Need to Know

When considering a lawsuit following a construction accident in Ohio, start by seeking immediate medical attention and thoroughly documenting your injuries and the accident scene. Promptly report the incident to your employer to ensure it’s officially recorded. Gather evidence, such as photographs, witness statements, and safety records, to support your case. Consult with an experienced construction accident attorney, who can evaluate your situation and determine the best legal approach. This includes assessing whether to pursue a personal injury lawsuit if a third party, such as a subcontractor, equipment manufacturer, or property owner, may share liability.

If you decide to move forward with a lawsuit, your attorney will prepare and file a formal complaint with the appropriate Ohio court, detailing the accident and naming the responsible parties. The complaint will be served to the defendants, who will have the opportunity to respond. In the discovery phase, both sides will exchange information and gather additional evidence. Often, settlement negotiations will take place in an attempt to resolve the case before trial. If a settlement is not reached, the case proceeds to trial, where your attorney will present evidence and advocate on your behalf. Throughout this process, your attorney will manage the legal complexities, fighting for the compensation you deserve to cover your injuries and losses.

What Compensation Can I Receive in Ohio for a Construction Accident Injury?

In Ohio, construction accident injuries can result in compensation from several sources, such as workers' compensation and personal injury lawsuits. Workers' compensation benefits generally cover medical expenses, lost wages, and disability support. In cases where a third party's negligence caused your injury, you may be able to file a personal injury lawsuit in addition to receiving workers' compensation benefits.

Compensation available through a personal injury lawsuit may include:

  1. Medical Expenses: You can seek reimbursement for all medical costs related to your injury, including future medical care needs.
  2. Lost Wages and Future Earnings: You can claim compensation for wages lost due to your injury and any future income lost if your ability to work is permanently impacted.
  3. Pain and Suffering: Unlike workers' compensation, personal injury claims allow for compensation for physical pain and emotional distress resulting from your injuries.
  4. Loss of Consortium: If your injury negatively impacts your relationship with your spouse or family, you may be entitled to compensation for loss of companionship and support.
  5. Punitive Damages: In cases involving gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar actions in the future.

Consulting with an experienced attorney is the first step to understanding these options and securing the full compensation you deserve. An attorney can help you assess which claims are applicable to your case and guide you through each step of the legal process.

What Are the Safety Regulations for Construction Sites in Ohio?

Safety regulations for construction sites in Ohio aim to protect workers from the high risks involved in construction work. These regulations are primarily enforced by the Occupational Safety and Health Administration (OSHA) on a federal level and are supported by the Ohio Bureau of Workers' Compensation (BWC), which offers programs to enhance job site safety. OSHA standards cover a range of hazards, including fall protection, scaffolding, ladder safety, handling hazardous materials, and the use of personal protective equipment (PPE). For example, OSHA mandates fall protection for workers at heights over six feet, correct scaffold assembly and use, safe ladder practices, and the provision of PPE, such as helmets and eye protection, to reduce workplace injury risks.

In Ohio, the BWC complements OSHA's guidelines by offering specific safety programs aimed at injury prevention and compliance. The BWC provides safety training, consultations, and resources for both private and public sector construction projects. Through programs like the BWC's Safety Intervention Grant, Ohio employers can access funds to invest in safety equipment and training initiatives. Ohio also imposes strict regulations for asbestos abatement and other hazardous materials to prevent exposure-related illnesses, mandating proper handling and disposal to protect workers and surrounding communities.

Ohio employers have a legal obligation to uphold safe working environments by adhering to OSHA standards and participating in state-supported safety programs. This includes providing comprehensive safety training for employees, conducting regular site inspections to identify and rectify potential hazards, and developing emergency response plans. Employers must also maintain accurate records of workplace injuries and safety protocols to ensure compliance. By prioritizing these safety measures, employers can significantly reduce the likelihood of accidents and protect the health and well-being of their workers on construction sites.

How Much Time Do I Have to File a Claim in Ohio After a Construction Accident?

If you've been involved in a construction accident in Ohio, understanding the time limits for filing claims is essential to protecting your right to seek compensation. The deadlines, known as statutes of limitations, differ based on the type of claim you're filing. Here’s an overview of these time limits and steps to take after a construction accident in Ohio.

Workers' Compensation Claims

For most construction injuries, workers' compensation will be the main source of benefits. In Ohio, you must report your injury to your employer promptly to initiate your claim. Key steps include:

  • Notifying Your Employer: Ohio law requires that you report the injury as soon as possible. Timely reporting avoids delays and potential disputes with the claim.
  • Filing a Claim: If your claim is denied, you can file a claim with the Ohio Bureau of Workers' Compensation (BWC). Generally, you have up to one year from the date of the injury to file a workers' compensation claim or up to two years for occupational diseases.

Personal Injury Lawsuits

In cases where a third party (like a subcontractor, equipment manufacturer, or property owner) contributed to your accident, you might have grounds for a personal injury lawsuit in addition to a workers' compensation claim. The statute of limitations for personal injury claims in Ohio is generally:

  • Two Years from the Date of the Accident: You have two years from the accident date to file a personal injury lawsuit. Failing to file within this period may forfeit your right to seek compensation in court.

Wrongful Death Claims

If a construction accident leads to the death of a worker, the surviving family members may file a wrongful death claim. The Ohio statute of limitations for wrongful death claims is:

  • Two Years from the Date of Death: The family has two years from the date of the worker’s death to file a wrongful death claim, allowing them time to seek justice and compensation for their loss.

Special Circumstances

While these general statutes are standard, specific situations may impact these time limits:

  • Discovery Rule: For certain injuries, like those from toxic exposure, the statute of limitations might be extended. In such cases, the deadline may begin from the date the injury was discovered or reasonably should have been discovered.

Meeting these deadlines is essential to ensuring that your case is heard. Filing after the deadline may result in your case’s dismissal, leaving you without options for recovery.

Understanding the time limits for construction accident claims in Ohio is key to protecting your rights. Whether you’re filing a workers' compensation claim, personal injury lawsuit, or wrongful death claim, meeting these deadlines is imperative. Consulting with an experienced construction accident attorney ensures your claim is timely and thorough. By taking prompt action, you can focus on recovery, knowing your legal rights are secure.

Brandon J. Broderick Represents Injured Ohio Workers in All Types of Construction Accidents

Our experienced attorneys have handled a wide range of construction accident claims, including:

  • Building collapses
  • Burns from cement and concrete
  • Chemical exposure incidents
  • Accidents during commercial cleaning
  • Construction-related vehicle accidents
  • Trip-and-fall incidents on construction sites
  • Crane-related accidents
  • Accidents caused by defective or unsafe equipment
  • Demolition-related injuries
  • Electrocution incidents
  • Elevator accidents on construction sites
  • Eye injuries specific to construction environments
  • Falls from scaffolds and other elevated areas
  • Incidents involving faulty safety equipment
  • Forklift-related accidents
  • Fires and explosions
  • Hoist-related injuries
  • Ladder falls
  • Machinery-related accidents
  • Painting work accidents
  • Scaffolding incidents
  • Accidents caused by site debris
  • Being struck by falling objects
  • Toxic exposure cases
  • Trench collapse injuries
  • Weather-related construction incidents
  • Welding accidents
  • Window washing accidents

If you’ve been injured in a construction accident, reach out to us for a thorough and compassionate approach to your claim.

Brandon J. Broderick, Attorney at Law: Here to Help After Your Ohio Construction Accident

An injury from a construction accident can be incredibly stressful, impacting both your life and your family in profound ways. At Brandon J. Broderick, Attorney at Law, we understand the physical pain, emotional turmoil, and financial challenges you are confronting during this difficult time. Our compassionate and skilled team is here to support you, providing both legal guidance and personal care to help you navigate this journey. You don’t have to face this hardship alone; we are committed to advocating for your rights and pursuing the full compensation you deserve.

Contact us today for a free legal consultation.

Still have questions?

Call now and be done