Suing for Damages in a Construction Site Injury

The current influx of residents and new businesses into Omaha, Nebraska, has made the state among the fastest-growing construction job market in the country. Unfortunately, mishaps happen frequently on construction sites.

According to data from the U.S. Bureau of Labor Statistics, private industry employers reported about 2.7 million nonfatal workplace injuries and illnesses in 2020. Of these, there were about 174,000 total recordable cases in the construction industry. Construction site incidents – including falls, electrocution, or being struck by an object – can lead to minor and severe injuries or even death. If you're a construction worker who has been injured on the worksite, you are within your rights to pursue fair compensation.

At Harris & Associates, P.C., L.L.O., we are dedicated to offering experienced legal guidance, support, and compassionate representation to construction site injury victims in their injury claims. We will explore your available legal options to recover damages, fight vigorously to protect your legal rights, and help you hold those responsible for your injuries accountable. Harris & Associates, P.C., L.L.O. proudly represents clients in Omaha, Nebraska, as well as Douglas County, Sarpy County, Dodge County, and Lancaster County.

Common Causes of Construction Site Injuries

Construction site mishaps are quite prevalent in Nebraska and account for a significant amount of workplace-related injuries across the state. Some of the most common causes of construction site injuries include:

  • OSHA's Fatal Four hazards: falls, struck-by an object, electrical exposure (electrocution), and caught-in/between situations
  • Tripping hazards from debris and other construction materials
  • Defective or unsafe equipment
  • Poorly constructed scaffolding
  • Inadequate protection for site workers on elevated structures
  • Inadequate protection for site workers in trenches
  • Collisions with support beams
  • Unsafe conditions of the property or construction site
  • Inadequate safety precautions when working beside power lines

An experienced attorney can investigate the surrounding circumstances of your construction site injury and enlighten you about the available options to file injury claims.

Filing a Third-Party Claim

Among the possible options to recover damages is filing a third-party claim against the insurance carrier of the responsible party. If you have been injured on a job site, you may file a third-party claim against:

  • Employer – Your employer if they failed to follow safety requirements
  • Coworker – A coworker if you were injured by the negligent or careless actions of your coworker
  • Product Manufacturer – A product manufacturer or seller if you were injured by a defective, unsafe, or faulty product

Depending on the type of incident and the parties involved, liability for a construction site injury could also fall on:

  • Contractor or subcontractor
  • Property owner
  • Architect
  • City or government agency
  • Engineer

A knowledgeable attorney can help determine the responsible party, guide you through the process of filing third-party claims, and help prove negligence.

Proving Negligence

To recover damages in your construction site injury claims, the claimant must prove negligence by showing the following elements:

  • Duty – The at-fault party owed you a legal duty of care.
  • Breach – The at-fault party breached that legal duty of care by acting carelessly or negligently.
  • Causation – The negligent actions of the at-fault party caused your injuries.
  • Damages – You suffered actual harm, bodily injuries, or damages due to the at-fault party's negligent actions.

A skilled attorney can help prove negligence, establish liability, and determine whether you can pursue damages from both the at-fault third party and workers' compensation benefits. 

Subrogation

Subrogation can be described as the legal right of the workers' compensation insurance provider to pursue legal action against a third party for reimbursement of insurance loss. This is done to recover the amount of damages paid by the workers’ compensation insurer to the injured employee. Through subrogation, both the injured worker and workers’ compensation insurance company can possibly recover compensation that the responsible party is deemed liable for.

In Nebraska, the workers' compensation insurance company may use subrogation to recoup the costs of the injured worker's claim when:

  • The third party's direct action or inaction causes the worker's injuries.  
  • Defective or faulty equipment, machinery, or products owned or maintained by a third party caused the worker's injuries.  
  • The employee was injured on a property owned by a third party due to the unsafe or defective condition of the premises.

An experienced personal injury attorney can fight diligently to protect your rights and help recover the maximum possible compensation for your construction site injury.

Get the Guidance You Need from an Experienced Attorney

Being injured on a worksite can be overwhelming and affect your mental, physical, and financial health. Fortunately, you don't have to suffer the financial liability and challenges all alone. When involved in a construction site incident, you need to act quickly and retain an experienced personal injury attorney to advocate for your legal rights and help you seek your deserved compensation.

At Harris & Associates, P.C., L.L.O., we understand how difficult such an unfortunate experience can be for you and your loved ones. We are poised and ready to offer you the support, assistance, and compassionate representation you need during such an emotional period. As your legal counsel, we will evaluate and investigate all of the surrounding facts of your personal situation and help you understand your possible options to pursue damages.

Contact Harris & Associates, P.C., L.L.O. today to schedule a simple case evaluation with an experienced personal injury attorney. Our dedicated team will offer you the comprehensive legal guidance, assistance, and vigorous representation you need in your construction site injury case. We're proud to represent clients across Omaha, Nebraska, as well as Douglas County, Sarpy County, Dodge County, and Lancaster County.


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