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Decatur Construction Accident Lawyers
Bridge and Construction Accident Attorneys
The construction industry has consistently been one of the most treacherous jobs in Alabama. In 2021, the construction industry in Alabama saw 22 fatal workplace injuries, with construction trades workers accounting for 17 of these fatalities. Alabama construction accidents injure thousands of workers every year. Construction workers account for one in five workplace deaths in the United States. Construction workers often work at high elevations and on inclines and must use both hands and rely on their balance to work.
When companies cut corners on safety or fail to properly train workers, or when workers are injured from using dangerous or defective equipment, injured workers may be entitled to compensation for their injuries. Welders not issued with a suitable welding safety mask may be susceptible to serious injury so their safety should always be paramount in the workplace. Injuries from construction accidents may be very serious and cause permanent disability. Construction injuries are an all-too-common occurrence in Decatur, Huntsville, and the surrounding metro areas. We are experienced construction accident attorneys who understand the law governing construction site injuries and can help you with your claim.
Types of Huntsville and Decatur Construction Accidents
There are numerous different causes of construction site accidents, including:
- Asbestos exposure
- Asphalt fume exposures
- Burns
- Carbon monoxide poisoning
- Compressed gas injuries
- Crane accidents
- Electrocution accidents
- Explosions and fires
- Falls
- Fatal injuries
- Forklift accidents
- Industrial accidents
- Nail gun accidents
- Negligent maintenance
- Noise induced hearing loss
- Roofing accidents
- Scaffolding falls
- Stairway collapses
- Toxic chemical exposure
- Trench accidents
- Welding accidents
If you are hurt in a construction accident on a work site in Huntsville or Decatur, Alabama, you may be entitled to compensation from one or more parties including the owner of the site, contractors, manufacturers, architects, and others. If you were injured during your employment, you may be entitled to compensation above and in addition to any worker’s compensation benefits in a third-party claim. Thousands of construction workers are injured or killed on the job each year. Most construction workers know that if they are injured on the job, they have the right to file a claim for workers’ compensation benefits. The act provides benefits for workers who are injured on the job or suffer an occupational disease arising out of the course and scope of employment, regardless of who was at fault. Even if an employee is partially or totally at fault for his or her injury, the employee is still entitled to workers’ compensation benefits.
There are limitations on the employees’ rights. Except for very limited circumstances, employees may not sue their employers for an on-the-job injury, even if the employer was at fault. Also, workers’ compensation often does not provide enough benefits for the damages suffered by the worker. There are, however, circumstances under which the worker can pursue both a workers’ compensation claim and a case for damages against a liable party other than the employer. This is known as a third-party case.
Third Party Liability
Under certain circumstances, a third party could be responsible for job-site injuries. The architects, owners, contractors, equipment manufacturers, or their employees can all be held liable for accidents arising from insufficient safety measures or negligence. Manufacturers, distributors, and providers of rented construction equipment are responsible for designing, maintaining, and leasing safe equipment. Defective or dangerous equipment may be at fault in a construction accident. Some examples of equipment used on construction sites include the following:
- scaffolding
- power tools
- hoists
- derricks
- cranes
- conveyors
- woodworking tools
- ladders
- winches
- trucks
- graters
- boilers
- tractors
- bulldozers
- forklifts
- back hoes
- heavy equipment
- scrapers
- pressure vessels
- gas detectors
- other types of construction equipment
Alabama Bridge Accidents
There are approximately 607,000 bridges in the United States. In 2012, over 11% of those bridges were deemed structurally deficient by the Federal Highway Administration (FHA). While that is an alarming statistic in itself, the FHA also reported that the average age of a standard, often-used, and in-operation bridge is 42 years. Many bridges in Alabama that are structurally deficient or functionally obsolete are still in use and are a hazard to those who must travel over them as pedestrians or in motor vehicles. Many bridges contain structural failures and are due to engineering or architectural negligence, including the failure to ensure proper support. Improper support, which is common with bridges, can lead to catastrophe. A recent study reported that 60% of bridges and roadway failures are due to preventable erosion. When some or all of a bridge fails, collapses, or malfunctions, and/or when the bridge is poorly designed, travelers can be injured or killed.
As a result of the Federal-Aid Highway Act of 1968, the Secretary of Transportation is required to establish national bridge inspection standards for all highway bridges. Federal agencies are required by federal law to inspect bridges on all public roads under their jurisdictions and to annually report the data to the Federal Highway Administration’s National Bridge Inventory. States are responsible for the inspection of all highway bridges, except those that are federally owned, according to the National Bridge Inspection Standards.
Bridge Accident Causes
- Inadequate bridge maintenance
- Insufficient quality and/or scarce frequency of bridge inspections
- Unintended bridge opening/bridge opening by mistake
- Drawspan sections unexpectedly rise and are hit by cars
- Pontoon letdown / pontoon sinking
- Drawspan failure
- Corrosion of major support structures
- Bridge structures hit by vehicles
- Cracks in the bridge structures
- Under-engineered for local environmental conditions
- Poor structural support
- Oversized vehicles damaged bridge structures
- Overpass failure
- Lack of proper warning signs
- Human errors and poor decisions
If you have been injured or know someone who has been injured or died as a result of a bridge collapse or construction accident in Huntsville or Decatur, there could be various municipalities involved in determining the cause. Bridges generally connect one state with another, or one part of the country with another, and determining the boundaries of an accident is difficult when water is involved. The Huntsville law firm of Ferguson & Ferguson has been a leader in the area of bridge and structural collapse and defect litigation for over 35 years. We have represented victims in complex and serious personal injury and wrongful death cases arising from the negligence of others in designing, building, maintaining, and repairing bridges, porches, decks, buildings, and industrial sites.
Alabama Construction Accident Frequently Asked Questions
What should I do after a construction-site accident in Alabama?
Obtain medical care, report the accident to the employer or site supervisor, photograph the scene and equipment when possible, identify witnesses, preserve clothing and damaged equipment, retain medical and employment records, and seek advice before signing insurance documents.
What types of accidents commonly occur on construction sites?
Common incidents include falls, scaffolding failures, trench collapses, crane and forklift accidents, electrocutions, fires, explosions, falling objects, roofing accidents, nail-gun injuries, welding accidents, toxic exposure, and accidents involving defective heavy equipment.
Can I receive workers’ compensation after an Alabama construction accident?
An eligible employee injured in the course of employment may have a workers’ compensation claim for benefits such as authorized medical treatment and a portion of lost wages. Eligibility and available benefits depend on the facts and Alabama law.
Can I file a third-party claim in addition to workers’ compensation?
A separate third-party claim may be possible when someone other than the worker’s employer or coemployee is legally responsible. Potential defendants can include property owners, general contractors, subcontractors, equipment manufacturers, maintenance companies, architects, and engineers.
Who may be responsible for a construction accident?
Responsibility may involve a property owner, developer, general contractor, subcontractor, equipment manufacturer, rental company, maintenance contractor, engineer, architect, vehicle operator, or another party that caused or contributed to the dangerous condition.
Can I sue my employer after a construction accident?
Workers’ compensation laws generally limit an employee’s ability to sue an employer for an occupational injury, although exceptions may apply. Claims against legally responsible third parties may remain available.
Can I file a claim for injuries caused by defective construction equipment?
A claim may be possible when a defective crane, forklift, ladder, scaffold, power tool, hoist, vehicle, safety device, or other product causes an injury. Manufacturers, sellers, rental companies, maintenance providers, and other entities may need to be investigated.
What compensation may be available in a third-party construction claim?
Depending on the case, damages may include medical expenses, future care, lost income, diminished earning capacity, pain and suffering, mental anguish, permanent disability, disfigurement, and other losses allowed by Alabama law.
What evidence is important in a construction accident case?
Important evidence may include photographs, video, incident reports, witness statements, contracts, safety plans, training records, inspection reports, equipment manuals, maintenance records, electronic data, medical records, employment records, and applicable safety regulations.
What if an OSHA safety violation contributed to my injury?
Evidence of an applicable safety violation may be relevant to determining how the accident occurred and who was responsible. An OSHA citation does not automatically decide a civil claim, so all contracts, conduct, and evidence must be evaluated.
Can an independent contractor file a construction injury claim?
An independent contractor may have claims against a property owner, contractor, subcontractor, equipment company, manufacturer, or another negligent party. Worker classification and control over the worksite may affect the available claims.
Can I bring a claim after a bridge collapse or structural failure?
A claim may be possible when negligent design, construction, inspection, maintenance, repair, erosion control, traffic control, or another failure causes a bridge or structure to collapse or become dangerous.
How long do I have to pursue an Alabama construction accident claim?
Different deadlines apply to workers’ compensation, personal injury, product liability, and claims involving government entities. Special notice requirements or shorter periods may apply, so the accident should be investigated promptly.
How can Ferguson & Ferguson help with a construction accident claim?
Ferguson & Ferguson can investigate the accident, preserve site and equipment evidence, identify responsible parties, examine workers’ compensation and third-party claims, obtain relevant records, document damages, negotiate with insurers, and pursue litigation when necessary.
How much does it cost to hire Ferguson & Ferguson for a construction accident case?
Ferguson & Ferguson offers free initial consultations and handles construction and bridge injury cases on a contingency-fee basis. Clients do not owe an attorney fee unless the firm obtains compensation, subject to the written representation agreement.
What types of equipment-related incidents do construction accident lawyers in Huntsville handle
Lawyers in Huntsville handle incidents involving cranes, heavy equipment, backhoes, forklifts, and other machinery, addressing accidents and malfunctions related to these equipment.
How comprehensive is the legal coverage for construction site accidents in Huntsville
The legal coverage for construction site accidents in Huntsville is highly comprehensive, incorporating various scenarios like collapses of buildings, roofs, and scaffolding, as well as accidents involving cranes and other heavy machinery, and machinery malfunctions.
What range of physical injuries is covered by construction accident lawyers in Huntsville
The range of injuries covered includes amputations, electrical shocks, and exposure to asbestos, among others, highlighting the lawyers’ expertise in handling severe and specific types of injuries.
What types of workplace compliance and safety violations do Huntsville lawyers handle in construction accident claims?
Huntsville lawyers handle claims related to violations of OSHA standards, ensuring compliance with workplace safety and health regulations.
What specific legal issues related to construction accidents are addressed by lawyers in Huntsville?
Lawyers in Huntsville address a variety of legal issues, including neglect by builders, failure to supervise subcontractors, flaws in the design, lack of barricades, insufficient inspections, trenches not properly braced, the use of defective products, and violations of OSHA standards.
Why Hire Ferguson & Ferguson?
We take construction accident and bridge cases on a contingency fee basis. If you have been injured in a construction or bridge accident, or someone you love has been injured, you need to talk with an attorney who will help keep you and your family above water and get you the money you need for medical treatment, your lost earnings and other expenses, and for the pain and suffering you go through. If you have suffered a construction or bridge accident injury in Decatur, Scottsboro, Cullman or the surrounding North Alabama area, talk to the experienced construction accident lawyers at Ferguson & Ferguson. We can assist both with workers’ compensation claims and with identifying responsible third-parties to maximize recovery.We are available 24/7, and if necessary, we can visit you at Huntsville Hospital, Decatur General Hospital, Crestwood Medical Center or Parkway Medical Center. For over 30 years, Ferguson & Ferguson has worked with construction workers and their families in Huntsville, Alabama. Contact the Huntsville construction and bridge accident attorneys at Ferguson & Ferguson for a free consultation. Call now. Call 256-534-3535 to schedule a free initial consultation. We are here to help.
Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801
Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601