At Dickerson Oxton, LLC, our Kansas City construction accident attorneys understand the foundation for the country we live in was created through the arduous work and determination of our nation’s construction workers. However, mistakes happen and construction sites are dangerous areas for pedestrians. If you have been injured in a construction mishap, get in touch with our injury lawyers today for a free consultation.
- How Do Construction Accidents Happen?
- What is Construction’s “Fatal Four”?
- Who is Responsible for a Construction Accident?
- What are Some Common Construction Accidents?
- What Is the Statute of Limitations for a Construction Accident?
Seek Justice for Construction Accident Injuries in Kansas City, MO
Day in and day out, construction workers help to create structures and roadways that will last for generations. Their line of work is one of the most dangerous in the nation. With a higher than national average private industry recordable rate of injury, Kansas City workers experience more injuries. If you or someone close to you has been the victim of a construction injury, contact an experienced Kansas City construction injury attorney at Dickerson Oxton, LLC today.
Our Kansas City personal injury attorneys offer client-specific strategies to help make your case a success. You can contact one of our experienced Kansas City personal injury lawyers at (913) 428-8220. Alternatively, you can fill out our free case evaluation form on our website and we will get back to you promptly.
Consult a Kansas City Construction Accident Attorney Today
Being a smaller personal injury law firm, we are directly available to our clients and handle all cases with the utmost compassion. Unlike our larger competitors, who route calls through paralegals and assistants, our construction injury lawyers are always directly available for any questions or concerns our clients may have. Adopting this client-first mentality allows us to personally connect with each victim and understand how they are suffering in order to assess their case. The legal team at Dickerson Oxton, LLC is dedicated to a personal approach to compassionate representation.
Your initial consultation is always free of charge at our Kansas City, MO law firm. When we do accept cases, we operate on a contingent fee basis. We choose to operate this way for the sole benefit of our clients; if we don’t win your case, you won’t pay anything.
With over a decade of combined litigation experience, the Kansas City construction injury lawyers at Dickerson Oxton, LLC have the knowledge needed to help you with your case. For personal injury legal aid throughout the states of Kansas and Missouri, contact us today.
How Do Construction Accidents Happen?
Most construction accidents are the product of negligence. An employer’s neglect to properly train construction workers or equip them with personal protection gear, for example, could increase the odds of serious accidents and injuries in the workplace. Negligent coworkers can also cause accidents, such as by failing to properly construct scaffolds or warn other workers of known hazards, such as a grease spill in a warehouse. Human error is the number one cause of preventable construction industry accidents.
Many accidents on construction sites are also linked to defective and dangerous products. A crane defect, for example, could lead to a crane collapse disaster. A crane collapse could be deadly for workers involved. A power tool or piece of heavy machinery that contains a defect, such as one missing its machine guard, could also cause serious worker injuries. In these situations, the manufacturer or distributor of the product could be liable for the injured worker’s losses. Another possible cause is a dangerous premises. In this case, the property owner or construction site manager could be liable for a related accident.
What Is Construction’s “Fatal Four?”
The average construction site can contain many different personal injury risks. According to the Occupational Safety and Health Administration (OSHA), however, four main types of construction accidents cause the greatest number of worker deaths consistently each year. OSHA calls them construction’s “Fatal Four.”
- In 2018 alone, 338 deaths in construction (33.5% of total fatalities) were due to falls. Lack of fall protection was the number one most frequently cited OSHA standard violated, while incorrect scaffolding construction was the third.
- Struck-by object. The second most common cause of fatal accidents was being struck by objects. Objects, tools or materials falling and striking workers down below can cause fatal head and brain injuries. Proper material securement and equipping workers with helmets can help prevent these injuries.
- Eighty-six construction workers died due to electrocutions in the workplace in 2018. This represented 8.5% of all construction worker fatalities. Employers can help prevent electrical accidents through proper worker training, electrical hazard awareness and protective gear.
- Caught-in/between. Being caught in or between objects and equipment was the fourth most common cause of construction worker deaths, accounting for 5.5% of all fatalities. This includes construction workers suffering fatal injuries when crushed in collapsing structures.
The Fatal Four accounted for 1,008 total deaths in construction in calendar year 2018. OSHA estimates that eliminating the Fatal Four would save 591 construction worker lives in the US each year. Employers often have the ability to prevent these four main types of accidents. The negligent failure to do so can lead to liability placed with the construction company.
Who is Responsible For a Construction Accident?
Faulty or defective equipment, improperly installed barricades, lack of safety railing, lack of proper warning signs, and inappropriate equipment operation are all examples of negligence in the construction industry. Employers, managers, foremen, other workers, bosses, suppliers, and vendors all owe a duty of care to those around them ensuring their safety. When this duty is breached, workers can be injured or killed and those responsible are said to be negligent. It is typically this negligent party that is brought to court, and compensation sought from, due to the injuries or deaths that their conduct has caused.
In most cases, the benefits that an injured construction worker receives from Workers’ Compensation doesn’t even come close to meeting their needs as a victim, which is why hiring a Kansas City personal injury lawyer who has experience in handling job-related injury cases is of the utmost importance. Nonetheless, a victim should apply for these benefits as soon as the injury happens as they do provide a very small amount of compensation albeit fairly quickly. Taking this first step will also serve as initial documentation for the injury. Pursuing a personal injury claim against a negligent party is the only way to receive proper, full compensation benefits for injuries. It is best to contact a Kansas City construction injury attorney trained and proficient in the laws and regulations governing construction-related injuries. These types of cases can have many different, complicated legislative stipulations that not all attorneys can handle or take on properly. The construction injury lawyers at Dickerson Oxton, LLC have extensive experience in this field and are prepared to fight for the rights of their clients.
Most of the time, construction site accidents involve the failure of the landowner, contractor or sub-contractor to maintain the area in a safe matter. Consulting with a Kansas City premise liability attorney can help you determine fault and if you have a case.
What are Some Common Construction Accidents?
The Bureau of Labor Statistics (BLS) compiles annual reports of occupational related injuries and fatalities each year. Some of the information they provide is eye-opening and provides deep insight into the nature of the injuries that construction workers experience. Workers privately employed in Missouri suffered a non-fatal on the job injury at a rate of 4.9 per every 100 full-time workers in that field. This number is statistically greater than the national average, which is about 3.6 per 100. Additional data shows that:
- 25% of all fatal work-related injuries were in the construction industry alone.
- ⅔ of all fatal fall incidents involved roofs and ladders, both common in construction work.
- There were approximately 325,900 reported construction injuries and incidents.
Construction injuries can arise from a number of different sources. Many common areas, frequently used tools, chemicals, and building conditions all have the potential to cause these types of accidents. Some sources of injury and types of construction injuries in Kansas City, MO are:
- Falls from scaffolding, ladders, incomplete structures and rooftops
- Electrocution from exposed wiring, causing burns, organ damage, and death
- Chemical burns
- Eye injuries and burns from welding
- Being struck by or against machinery including cranes, lifts, and vehicles
- Falls into trenching
- Excessive noise, resulting in a hearing loss (failing to offer/provide ear protection)
- Struck by falling objects, tools, or equipment
According to OSHA, falls from heights remain the single greatest type of accident resulting in injury in the construction industry. Construction workers face many dangers on the job, the aforementioned types of injury and incidents are but a small sampling of such accidents.
What Is the Statute of Limitations for a Construction Accident?
If you believe you have grounds for a construction accident claim in Kansas City, you must bring your cause of action within your state’s statute of limitations. The statute of limitations is a deadline for filing. In general, the courts in Kansas City will refuse to hear a case brought after the statute of limitations has expired. Your precise statute of limitations for an accident injury claim will depend on whether you are filing in Kansas or Missouri.
The statute of limitations for an accident case in Missouri is five years, according to Missouri Civil Procedure and Limitations 516.120. This could mean five years from the date of the accident or five years from the date of injury diagnosis, depending on the case.
In Kansas, however, the statute of limitations is just two years under Kansas Statutes Annotated 60-513. If you are filing a wrongful death claim for the passing of a loved one in Kansas City, you will have three years from the date of death in Missouri and two years in Kansas.
Contact Our Construction Accident Lawyers in Kansas City
These men and women help create everything from playgrounds to skyscrapers in their day to day activities. With 7.2 million salary and wage paid workers accounted for in 2008, along with 1.8 million self-employed or family workers, this field of employment is one of the most populous in the United States. Working in this field does carry a degree of risk as employees are often around potentially dangerous equipment, working on scaffolding, working on active freeways, and using hazardous materials on a daily basis. Even though there are organizations in place to help ensure the safety of construction workers, such as the Occupational Health and Safety Administration (OSHA), these employees still suffer on the job construction injuries each year. Sadly, a number of worker’s lives are lost each year as a result of construction injuries and accidents. Contact an experienced Kansas City construction accident attorney if you feel you have been injured on the job as the result of negligence. Our law firm strives to help victims of accidents during this difficult time.