As buildings become taller during construction, the risk of suffering an injury increases. Workers know the hazards of falling from heights and protect themselves with safety gear, but what about the risk of falling objects? Falling debris, including tools, loose equipment, and trash, causes more than 14,000 injuries and 150 deaths on construction sites each year. Objects falling from height can result in injuries ranging from minor bumps and bruises to severe lacerations, skull fractures, and worse.
Liability for site debris accidents in Baton Rouge depends on many factors. Failure to enforce proper safety measures by site supervisors or employers often leads to carelessness and negligence by construction workers. If you have suffered a serious injury due to falling debris, a workplace accident attorney at Tomeny | Best could help you collect evidence to determine responsibility and seek the compensation you need to recover.
How Is Liability Determined in a Site Debris Accident?
In Baton Rouge, construction site debris accidents can have many causes, but they all involve unrestrained items falling from height to the ground below. To assess liability, an attorney could review your case to determine whether:
- Safety protocols were in place at the site
- Site supervisors actively enforced protocols
- Equipment was in good condition and well-maintained
- Safety audits were carried out as required
The injured worker and/or the site supervisor could be liable for an accident. For instance, state and federal laws require all construction site workers and visitors to wear hard hats on site to protect against falling objects. A worker or visitor who does not wear a hard hat violates the law, but if the on-site manager does not insist they do so, the company or contractor could be liable if that person suffers an injury.
Who Is Liable in a Site Debris Accident?
To establish liability, a court must determine whether the defendant owed a duty of care to the injured party and whether their negligence caused the injury. For instance, if the victim knows they should wear a hard hat and do not, they are responsible for any injury sustained as a result. However, if the site supervisor tells them it is okay to work without one, they will be in breach of their duty of care and may be liable if the worker suffers an injury.
Workers’ compensation insurance covers a worker’s injuries but requires them to waive their right to file legal action against their employer. If you suffered an injury due to a falling object on a construction site, a Baton Rouge workplace accident attorney could help you collate evidence to prove liability.
Contact a Baton Rouge Attorney for Help After an Accident Caused by Construction Site Debris
Even if you follow your job site’s rules, construction debris can cause serious injuries if it hits you from a great height. Determining liability for site debris accidents in Baton Rouge may require you to seek legal help from an experienced personal injury attorney.
At Tomeny | Best, our dedicated legal team can help you gather the evidence you need to file your claim and pursue compensation for your injuries. Contact our office to schedule a free consultation today.
