Were you or a loved one injured on a construction site?
Learn how workers’ comp applies to your construction accident.
Being a construction worker in Georgia is one of the most dangerous jobs in the state. All you have to do is scan the local news headlines to see proof of serious and often fatal work-related accidents in Midtown, Roswell, Buckhead and throughout the metro Atlanta area.
In fact, every year approximately one out of 10 construction workers will suffer injuries according to the Bureau of Labor Statistics. Many of these are catastrophic injuries, and as such, should be covered under the Georgia Workers’ Compensation Act.
Unfortunately, workman’s comp cases for gruesome construction accidents are complicated because the immediate employer doesn’t always carry the necessary insurance.
For instance, a subcontractor may not carry workers’ compensation insurance because it employs fewer than three people (the limit set by Georgia’s workers’ compensation law) or because the insurance is expensive. As such, if a construction worker is injured, he or she may not be able to recover workers’ compensation benefits from the subcontractor.
If this describes your situation, you’re not out of luck. Georgia has a statutory employer law just for situations like these. This law states that if a subcontractor has three or more employees but doesn’t carry workers’ compensation insurance, the injured employee may be able to obtain benefits from the general contractor.
Our Atlanta injury lawyers have been focused on helping clients recover workers’ compensation benefits for decades. We understand what it takes to recover the full benefits our clients are entitled to receive, and we have the experience to prove that your injury is directly related to your construction accident. If you or a family member is one of the injured workers, contact the Atlanta, Georgia workers’ compensation attorneys of Gerber & Elkins Workers’ Compensation Attorneys.
Contact us today for your free consultation.
Client reviews
“They were the most amazing team. They got me through my case quickly and handled everything with a quick response. Some of the nicest people, thank you for all your hard work, you made this effortless for me especially during this hard time.”
“I have the best experience with Natalie Elkins and her PA who was wonderful with the process I was going through. They lead me in the right direction and keep me from being overwhelmed. I’d give them more stars if it was allowed and would recommend her to anyone needing help.”
“Gerber and Elkins is, hands down, one of the best firms to work with. From a call and email from Ben Gerber to answer all my questions to Karen Lovell going above and beyond to handle my case. They did an amazing job and have the best level of communication I have ever come in contact with. While I hope I never need them again, I know if I by chance do, I will choose them again in a heartbeat.”
Construction accident & workplace death statistics
At a construction site, employers are required to obey all safety precautions and guidelines set forth by federal and state regulators. These requirements can include proper safety gear, provided training, mandatory equipment maintenance and more. Unfortunately, many employers try to cut costs by skipping out on their legal and moral duty to provide a safe work environment for workers, laborers and contractors. As a result, tens of thousands of vulnerable construction workers are injured and killed each year, making it one of the most deadly jobs in the U.S.
Here are some surprising statistics about workplace injury and fatality trends in the construction industry:
- One in ten constructions workers are injured each year. One in five worker deaths last year were in construction. Source
- There are roughly 150,000 construction site accident injuries each year. Source
- Workers between the ages of 25 and 34 are most likely to be injured in a construction site accident.
- Most construction site injuries involve workers’ backs, spines, and trunks.
- As much as 15 percent of workers’ compensation costs are spent on construction workers and contractors. Source
- In 2015, back injuries and hand injuries topped the list of nonfatal injuries in construction at 11,690 and 11,200 respectively. Source
- Over a 45-year career, a construction worker has a 75% chance of a disabling injury and a 1-in-200 chance of dying. Source
- Falls are the leading cause of fatal construction injuries. Source
- Ironwork, not roofing, is the job with the highest injury rates in the construction industry. Source
- Injury rates vary greatly by state. For instance, in 2012, Maine had less than 5 construction-related deaths, whereas Texas had 105. Source
- Sixty percent of construction worksite injuries occur within the employee’s first year of employment. Source
Source: https://www.ehstoday.com/construction/fatal-four-safety-construction-industry-infographic
The fatal four: Top causes of construction accidents
What are the most common causes of accidents and injury on a construction site? Though the underlying reasons behind why construction accidents happen so often are disputed, the data shows that these “Fatal Four” were responsible for more than half (63.7%) the construction worker deaths in 2016, according to the BLS:
Falls
38.7%
Falling from ladders and scaffolding accounts for over a third of “fatal four” deaths. Fall protection like guard rails, safety gear and clear floors are all essential to prevent these construction accidents.
Struck by object
9.4%
Fractures from falling materials, equipment and building materials can be prevented with proper training for vehicle and machine operators, as well as high visibility clothing and a smarter worksite layout.
Electrocutions
8.3%
Electrical shock and burns are a major threat construction workers face daily. Basic training, insulated gloves, warning labels and simple safety procedures can provide the necessary protection.
Caught-in/Between
7.3%
This category includes construction workers killed when caught-in or compressed by equipment or objects, and struck, caught, or crushed in collapsing structure, equipment, trenches or material.
Construction vehicle collisions and other transportation accidents involving tractors and forklifts are another common cause of injury, as is exposure to toxic substances and chemicals.
Fortunately, if you’re a construction worker who’s classified as an employee, you’re likely eligible for Georgia workers’ compensation benefits under state law. But with so many fatalities in construction, it’s also important to understand what happens to your workers’ comp case if you die.
In cases of fatal construction injuries, your dependents can receive weekly payments for death benefits, which are similar to the weekly income benefits you receive after an injury at work.
Hiring a workers’ compensation attorney to manage your claim can ensure you receive the maximum compensation possible while also protecting your legal rights.
A Georgia company is fined for misclassifying employees after a teen worker falls from a roof. Learn how to protect your rights if you’re misclassified as an independent contractor.
This tragic incident also highlights the critical importance of workplace safety, especially for young workers who may lack the experience and awareness to identify potential hazards.
Employers have a responsibility to provide comprehensive safety training and ensure that all employees, regardless of age, have the necessary equipment and knowledge to perform their jobs safely.
Inadequate training is a dangerous and costly oversight.
Types of injuries covered by Georgia workers’ compensation claims
If you’re injured on the job, you should know that you have certain rights, benefits and responsibilities.
Client success
Our record of winning construction accident cases in Georgia speaks for itself:
Why hire an Atlanta construction accident lawyer?
For starters, construction accidents tend to be more devastating and catastrophic than other on-the-job accidents. On top of that, construction accident injuries often involve multiple court filings — workers’ compensation, personal injury, even wrongful death claims — and more than one responsible third-party.
Adding to the complexity is the time limit injured workers have to file a workers’ compensation or personal injury claim. Your right to file a personal injury lawsuit in Georgia for a construction accident expires after two years. However, you must notify your supervisor of an injury within 30 days to receive workers’ comp benefits.
These and other factors mean that construction-related workers’ compensation cases can be complex and challenging to handle on your own. Our Atlanta forklift accident attorneys are experienced in heavy machinery accidents and other types of accidents that occur on construction sites.
We’ve been able to secure positive settlements for construction workers involved in:
- Crane accidents
- Scaffolding accidents
- Gas leaks or compressed gas explosions
- Dangerous machine accidents
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