Your Legal Rights
Construction workers build our homes, offices, schools, and infrastructure—often at significant personal risk. Despite safety regulations and precautions, Kentucky construction sites remain among the most dangerous workplaces in the Commonwealth.
When accidents occur, injured workers face physical recovery and complex legal and financial challenges that can overwhelm them and their families.
At Sam Aguiar Injury Lawyers, our attorneys have helped injured workers navigate these difficult circumstances. We understand the unique aspects of construction injury claims and fight tirelessly to secure the full compensation our clients deserve.
Hazardous Jobs
Construction consistently ranks among Kentucky’s most hazardous industries, with accident rates significantly higher than most other occupations.
According to reports from the Kentucky Labor Cabinet and the Occupational Safety and Health Administration (OSHA):
Construction accidents account for a significant percentage of all workplace fatalities in Kentucky
Falls remain the leading cause of construction fatalities.
Louisville and Lexington construction sites report the highest number of serious injuries.
Many Kentucky construction workers will experience a job-related injury during their careers.
Construction injuries result in more extended recovery periods than most other workplace injuries.
Common Injury Case Types
Our attorneys have extensive experience representing workers injured in various types of construction accidents, including:
Falls From Heights
Falls from scaffolding, ladders, roofs, and other elevated work areas account for many of the serious construction injuries in Kentucky.
Common scenarios include:
Scaffold collapses due to improper assembly or overloading
Ladder failures resulting from manufacturing defects or improper placement
Roof falls caused by inadequate fall protection systems
Falls through unprotected floor openings or skylights
Stairwell accidents due to missing guardrails or improper temporary stairs
These accidents frequently result in traumatic brain injuries, spinal cord damage, multiple fractures, and fatalities.
Kentucky regulations require specific fall protection measures for various heights and situations, but these safeguards are often inadequately implemented.
Struck-By Accidents
Being struck by moving, falling, or swinging objects represents one of the leading causes of construction fatalities.
These accidents typically involve:
Heavy equipment with limited operator visibility
Materials dropped from heights
Swinging loads from cranes or hoists
Flying debris from power tools or explosions
Vehicle accidents within work zones
The injuries from struck-by accidents range from concussions and fractures to fatal crushing injuries.
Our attorneys investigate whether proper safety protocols were followed, including the use of spotters, warning systems, and protective zones.
Caught-In/Between Incidents
These devastating accidents occur when workers become caught, crushed, or compressed between objects or equipment:
Trench or excavation collapses
Equipment rollovers
Workers pulled into unguarded machinery
Compression between heavy materials
Structural collapses during demolition
Caught-in/between accidents often result in amputation, crush injuries, internal organ damage, and asphyxiation.
Kentucky’s construction regulations include specific requirements for trench protection, machine guarding, and demolition procedures that must be carefully evaluated in these cases.
Electrical Accidents
Construction workers face significant electrical hazards, particularly on renovation projects and sites with temporary power systems:
Contact with overhead or underground power lines
Exposure to energized equipment or wiring
Arc flash/blast events
Defective power tools or extension cords
Improper lockout/tagout procedures
Electrical accidents can cause burns, nerve damage, cardiac arrest, and electrocution fatalities.
Our attorneys work with electrical engineering experts to determine whether Kentucky’s electrical safety standards were implemented correctly.
Toxic Exposure
Construction workers frequently encounter hazardous substances that can cause immediate injuries or long-term health conditions:
Asbestos in renovation or demolition projects
Silica dust from concrete cutting and grinding
Chemical exposures from paints, solvents, and adhesives
Carbon monoxide from generators or heaters
Lead exposure in older building renovations
These exposures may result in respiratory conditions, chemical burns, neurological damage, or occupational cancers that develop years after exposure.
Our firm has experience handling these complex cases that often involve extensive medical documentation and expert testimony.
Understanding Your Legal Options
Construction injury cases typically involve more complex liability issues than other workplace accidents. Unlike most occupations where workers’ compensation is the exclusive remedy, construction workers often have additional legal options due to the multi-employer nature of construction sites.
Workers’ Compensation Benefits
Kentucky workers’ compensation provides basic benefits regardless of fault, including:
Medical treatment coverage for work-related injuries
Temporary total disability payments (66⅔% of average weekly wage)
Permanent partial disability benefits based on impairment ratings
Vocational rehabilitation services
Death benefits for surviving family members
However, these benefits rarely cover the full financial impact of serious construction injuries.
Maximum weekly benefit caps and limitations on pain and suffering compensation often leave injured workers significantly undercompensated.
Third-Party Liability Claims
What distinguishes construction accident cases is the potential for claims against parties other than your direct employer.
These “third-party” claims can provide substantial compensation beyond workers’ compensation, including full lost wages and pain and suffering damages.
Potential third parties in Kentucky construction accidents include:
General contractors: Responsible for overall site safety and coordination
Subcontractors: Other companies working on the same project
Property owners: May be liable for unsafe premises conditions
Equipment manufacturers: Can be held responsible for defective tools or machinery
Rental companies: May be liable for improperly maintained equipment
Architects/engineers: Potentially accountable for design defects that create hazards
Material suppliers: Can be liable for defective or wrongly labeled materials
Our attorneys analyze Kentucky construction accident cases to identify all potentially liable parties and available insurance coverage.
Determining the Right Legal Approach
The optimal strategy for your construction injury case depends on several factors:
Employment relationship: Different rules apply for employees, independent contractors, and day laborers
Project type: Residential, commercial, industrial, and infrastructure projects involve different regulations and potential defendants
Injury severity: More serious injuries justify more intensive legal approaches
Accident cause: Who controlled the hazardous condition or activity that caused your injury
Available insurance: The types and amounts of coverage that may apply to your situation
We conduct thorough investigations to determine which legal pathways will maximize your recovery.
How Attorneys Build Strong Cases
Successful construction accident cases require knowledge and investigative approaches. Our attorneys employ proven strategies:
Immediate Investigation and Evidence Preservation
Construction sites change rapidly, with critical evidence often altered or removed within days or even hours after an accident.
Our team takes prompt action to:
Dispatch investigators to document the accident scene
Obtain photographs before conditions are altered
Identify and interview witnesses while memories are fresh
Secure relevant equipment before it’s repaired or replaced
Collect project documentation such as safety plans and inspection reports
Preserve electronic records including equipment logs and communications
This rapid response often captures crucial evidence that would otherwise be lost forever.
Comprehensive Regulatory Analysis
Multiple overlapping regulatory frameworks govern construction activities in Kentucky:
Kentucky Occupational Safety and Health (KOSH) standards
Federal OSHA regulations
Kentucky Building Code requirements
Industry-specific standards (electrical, scaffolding, crane operation, etc.)
Project-specific safety plans and specifications
Our attorneys thoroughly analyze these requirements to identify safety violations demonstrating negligence and strengthen your claim.
Expert Consultation and Testimony
We collaborate with leading construction safety experts to build compelling cases:
Safety engineers: Analyze regulatory compliance and identify violations
Construction managers: Explain industry standards and proper practices
Medical specialists: Document the full extent and long-term impact of injuries
Life care planners: Calculate future medical and assistance needs
Economists: Quantify lifetime financial losses from injuries
These experts help us clearly and persuasively articulate complex construction concepts to insurance adjusters, mediators, and juries.
Comprehensive Damages Calculation
Construction injuries often have financial impacts that extend decades into the future.
We ensure your compensation claim accounts for all current and future damages:
Immediate and long-term medical expenses
Lost wages and diminished earning capacity
Physical pain and emotional suffering
Permanent disability and disfigurement
Home modifications and adaptive equipment
Rehabilitation and therapy costs
Lost quality of life and relationship impacts
We document the full financial impact of your construction injury through detailed economic analysis and medical projections.
Types of Construction Accidents
Our attorneys represent workers injured in all types of incidents, including:
Fall Protection Failures
Falls remain the leading cause of construction fatalities in Kentucky. We handle cases involving:
Scaffold collapses and failures
Ladder accidents and defects
Roof falls without proper guardrails or safety equipment
Falls through floor openings or skylight openings
Stairwell and ramp accidents
Falls from aerial lifts and cherry pickers
Window installation and cleaning accidents
Heavy Equipment Accidents
Construction equipment creates significant hazards on Kentucky job sites. We represent workers injured by:
Crane collapses and dropped loads
Forklift turnovers and collisions
Excavator and backhoe accidents
Bulldozer and grader incidents
Dump truck accidents
Concrete pump malfunctions
Aerial lift tip-overs
Electrical Injuries
Electrical hazards cause some of the most severe construction injuries. Our cases include:
Power line contacts
Arc flash/blast events
Improper lockout/tagout accidents
Electrocutions from temporary wiring
Underground cable strikes
Defective electrical equipment
Inadequate grounding accidents
Structural Failures
Building collapses and structural failures often cause catastrophic injuries.
We handle cases involving:
Trench cave-ins and inadequate shoring
Building collapses during construction or renovation
Concrete form failures
Shoring and bracing inadequacies
Wall collapses during demolition
Bridge and infrastructure failures
Parking garage collapses
Site Hazard Incidents
Unsafe site conditions create numerous injury risks.
Our experience includes:
Slip and falls on poorly maintained surfaces
Trip hazards from construction debris
Inadequate lighting accidents
Unmarked hazards and openings
Toxic material exposure
Fire and explosion incidents
Struck-by flying or falling objects
Why Choose Sam Aguiar Injury Lawyers?
Construction injury cases demand attorneys with knowledge and resources. Our firm offers distinct advantages:
Industry Knowledge: Our attorneys understand the technical aspects of construction projects and safety requirements
Proven Results Record: We’ve secured significant settlements and verdicts for Kentucky construction workers
Medical Network: We collaborate with leading medical specialists to fully document construction injuries
Expert Relationships: We work with respected construction safety experts who strengthen your case
Resources for Complex Litigation: We have the financial strength to investigate and litigate against large construction companies and insurers thoroughly
Exclusive Bigger Share Guarantee®: Our clients keep more of their compensation
No Win, No Fee: You pay nothing unless we recover for you
If you or a loved one has been injured in a construction accident in Kentucky, don’t face the complex legal system alone. The experienced accident attorneys at Sam Aguiar Injury Lawyers understand your physical, emotional, and financial challenges.
We offer free, no-obligation consultations to discuss your case and explain your legal options.
Call (502) 888-8888 for Louisville or (859) 888-8000 for Lexington to schedule your free consultation today.
