Industrial & Construction Accidents: How to Handle Complex Injury Claims

Construction and industrial workers face serious risks each day. While most accidents are completely preventable, when they do occur, they often leave workers with serious injuries. Working in a blue-collar industry can present unique challenges when filing a claim, including the decision between a workers’ compensation claim and a third-party claim. At Mark C. Tanenbaum in Charleston, SC, our industrial accidents lawyers are dedicated to pursuing just compensation against the wrongful party or parties.

Causes of Industrial & Construction Accidents

The following are the most common causes of industrial and construction accidents.

Defective Equipment

Employers are responsible for the regular inspection and maintenance of equipment and machinery. If an employer fails to inspect machinery and order repairs, you may hold the employer accountable for any injuries resulting from its use.

Unsafe Working Conditions

Given the dangers in factories and construction sites, employers must comply with OSHA safety standards. These standards dictate the precautions an employer must take to keep a worksite safe. Employers are responsible for routinely inspecting equipment, training workers, and posting job site safety information.

Lack of PPE

Personal protective equipment, or PPE, is required for employees in any industrial setting. PPE includes protective clothing, helmets, goggles, and restraints. PPE minimizes an employee’s exposure to fumes, chemicals, noise, and even the risk of falling from a high platform. If workers are not provided appropriate PPE, liability may lie with their supervisor or employer.

Lack of Fall Protection

In 2023, 47.8% of fatal workplace falls were construction-related. Those who survive experience serious and sometimes catastrophic injuries, preventing them from returning to work. Understandably, OSHA has strict fall protection requirements for employers, requiring them to install a guardrail or safety net on any surface at least 6 feet above the ground.

Investigating the Cause of Your Construction or Industrial Accident

While our legal team recommends taking pictures of what caused your injury and recording eyewitness statements, we will not rely solely on your word. Determining the cause of your construction or industrial accident will help pinpoint which parties should be held liable. If your injuries were due to your employer failing to maintain a safe environment for you and other co-workers, then you may file a workers’ compensation claim.

If your claim is approved, all reasonable and necessary medical expenses will be covered. Still, only a portion of lost wages will be replaced (most workers only recoup approximately 66 2/3% of lost wages). To collect benefits, you must notify your employer within 90 days of your accident. You have up to two years to file a claim with the South Carolina Workers’ Compensation Commission (SCWCC).

Many industrial injury claims are complex, often involving a subcontractor’s liability. If machinery has a defect, you might sue the manufacturer for product liability. In South Carolina, filing a third-party claim with your workers’ compensation claim requires notice within 30 days to your employer, insurance, and SCWCC. This can help recover damages like lost overtime, missed promotions, and pain and suffering.

Evidence Preservation & Expert Witness Preparation

Our Charleston industrial accident attorneys will review your case to determine what parties should be held responsible for your accident or injury. We will assist with gathering photographs, video footage, and eyewitness testimony to prove the link between the hazardous condition and your injuries. In these cases, we typically consult equipment specialists who can identify the source of the malfunction and determine what preventive measures should have been taken. While the process may seem overwhelming, our team of legal professionals is up for the challenge.

Speak with Our Charleston Industrial Accident Lawyers Today

If you have been injured in an industrial job or on a construction site, you likely have a stack of medical bills looming over you. For over 40 years, the legal professionals at Mark C. Tanenbaum have assisted injured workers in obtaining fair compensation. Although insurance companies have vast resources, they are usually unwilling to pay you what you deserve without a fight. To discuss your legal options, reach out to us online or by calling (843) 577-5100 at your earliest opportunity.