Construction Site ACCIDENTS AND INJURY CLAIMS
Your Legal Rights
Construction workers build our homes, offices, schools, and infrastructure.
This is 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.
Hazardous Jobs
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.
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.
Struck-By Accidents
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 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.
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
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.
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
Loss of consortium/relationship impacts
We document the full financial impact of your construction injury through detailed economic analysis and medical projections.
Why Choose Sam Aguiar Injury Lawyers?
Construction injury cases demand attorneys with knowledge and resources. Our firm offers distinct advantages:
Proven Results Record
We’ve secured significant settlements and verdicts.
Expert Relationships
We work with respected safety experts who strengthen your case.
Resources for Complex Litigation
We have the financial strength to investigate and litigate against large companies and insurers.
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.
