People who work in construction regularly perform dangerous work for the good of their communities. Unfortunately, accidents and injuries are not uncommon, considering the field is inherently risky.
Many construction accidents are caused because employers or third parties create unsafe work environments. Accidents are often caused by falls, being caught between heavy objects, faulty equipment, or a lack of safety gear. You can sue your employer after an accident, but only under certain circumstances. The Worker’s Compensation system shields employers from liability, but it might not cover your case. Even if you are barred from suing your boss, you can still sue negligent third parties that might have played a role in the accident. To prove your claims and get compensation, we need evidence.
Being injured in a construction accident is bad enough, but the situation is often worse when workers cannot return to work. Our Mississippi construction accident and injury lawyers can help you get compensation to make up for your lost income and medical bills. For a free case review, call Howe Law at (844) 876-4357.
How Many Construction Accidents Are Caused in Mississippi
The construction field is a risky place to work, and employers must make sure that the construction site is as safe as possible for workers. Our Mississippi construction accident and injury attorneys can help injured workers get compensation for the harm they suffered because of someone else’s negligence.
Falls are one of the most common reasons behind construction accidents. Workers frequently work from great heights. Rooftops, high scaffolding, and tall ladders need to be secured, so workers do not fall and become injured. A fall might happen because the equipment (e.g., ladders, scaffolding, harnesses) is not secured, equipment is not dried off after rain, or stray tools create tripping hazards.
A very serious and unfortunately common accident on construction sites is sometimes called a “caught-between.” This accident occurs when a worker is crushed between heavy objects. For example, a worker might be pinned to a wall by a runaway forklift. Caught-betweens can be extremely dangerous, and injuries may be catastrophic or even lethal.
Faulty equipment is very dangerous on a construction site. Workers rely on tools and machinery being in working order to do their jobs safely. Workers can be seriously hurt when tools malfunction, arrive damaged, or are poorly designed. For example, if a circular saw malfunctions or a nail gun misfires, it could cause severe injuries.
Workers rely on adequate safety gear to keep the construction site as safe as possible. Hard hats, protective clothing, gloves, and more help keep construction workers safe. An accident becomes much more likely if this important safety gear is not present, damaged, or otherwise insufficient.
Can I Sue My Employer After a Construction Accident in Mississippi?
Employers are responsible for ensuring that a construction site is safe for workers. When employers fail to do their jobs, their employees might be badly hurt. While many injured workers want to sue their bosses after a bad accident, this is only sometimes possible. Whether you can sue your employer largely depends on whether you are considered an employee covered by Workers’ Compensation. Our Mississippi construction accident and injury lawyers can help determine whether you can sue.
Your ability to sue your boss depends on whether you are an “employee.” Employees are covered by Workers’ Compensation, while independent contractors are not. According to Miss. Code Ann. § 71-3-9(1), employers cannot be held liable in a lawsuit if Workers’ Compensation covers the accident. Instead, filing for Workers’ Compensation is the sole remedy available to injured employees.
You might be able to sue your employer under specific circumstances. First, you can sue your boss if they fail to carry the requisite Workers’ Compensation insurance. All employers with 5 or more employees must carry Workers’ Compensation insurance in Mississippi. If they do not have it, filing a lawsuit might be the only legal option for injured employees.
Second, you can sue your employer if they caused the accident deliberately. For example, suppose your boss becomes angry and pushes over your ladder, causing you to fall and become injured. In that case, they cannot use the Workers’ Compensation system to shield them from liability.
Third, you can sue your employer if you are legally not considered an employee. The construction field is full of independent contractors who are specifically excluded from the definition of employee under Miss. Code Ann. § 71-3-3(d). In such cases, the liable party might not qualify as an employer but rather a client who hired you for your services.
Liability of Third Parties for Mississippi Construction Accidents and Injuries
Employers and clients are not the only people who might be liable for a construction accident. Our Mississippi construction accident and injury attorneys can also help you sue third parties who might have played a role in your accident.
You can file a lawsuit against responsible third parties even if Workers’ Compensation covers your case. While employers are shielded from liability – at least to a certain extent – third parties are not.
Often, a liable third party is a manufacturer of defective tools. If your accident and injuries were caused by faulty equipment, you can sue the equipment manufacturer in a product liability lawsuit. Additionally, you can sue various other third parties involved in the chain of sale. Manufacturers, distributors, and retailers might all be liable for a defective product.
Another possibility is that trespassers caused the accident. For example, if someone took a shortcut through the construction site and knocked over or damaged equipment, they can be held liable for the resulting accident. Often, trespassers must be identified through security camera footage or information from witnesses.
Speak to Our Mississippi Construction Accident and Injury Lawyers About Your Case
Construction workers deserve the right to work under safe conditions. If you were injured while on a construction site, our Mississippi construction accident and injury lawyers can help you take legal action for compensation. For a free case review with our team, call Howe Law at (844) 876-4357.