Construction incidents can occur for many different reasons. Perhaps employers did not properly train workers on the use of heavy machinery, resulting in an incident that injured someone. Maybe there were issues with the scaffolding or a defective tool that malfunctioned on the job site. In some cases, workers make mistakes that cause their injuries.
Typically, those seeking compensation after a construction injury face a relatively straightforward process. Workers’ compensation claims typically do not require proof of fault. However, injured construction workers may need to look into litigation in some cases. They may have grounds for a personal injury lawsuit against another person or a business.
They may have the option of pursuing a third-party lawsuit against a driver who went off the road and struck scaffolding or a manufacturer that released defective products. Perhaps the worker suffered a gravity-related injury, which could make the property owner liable under state statutes. In cases involving complex construction incidents, a forensic investigation could help an injured worker pursue justice.
Forensic analyses can determine cause and fault
Reviewing the circumstances surrounding a construction incident can provide valuable insight. The injured worker and even the lawyer representing them may not have the technical knowledge to truly break down the situation and professionally analyze it.
Frequently, the help of forensic specialists is necessary when reviewing what caused a construction site incident and therefore who is at fault. Occasionally, the Occupational Safety and Health Administration (OSHA) conducts forensic reviews after particularly severe incidents occur. The reports that OSHA generates can provide insight for other employers and safety professionals.
When injured construction professionals may need to take legal action, they might require a report authored by an outside forensic specialist. Their lawyer may help them retain the services of specialists who can provide insight into the incident.
Professionals can analyze the circumstances surrounding the incident and can put together a comprehensive report. The insight that these professionals provide can make it clear that a particular business or person directly caused the incident. Their conclusions could help injured construction workers hold outside businesses or individuals accountable through civil litigation.
Proving who was at fault for a construction incident is the first step toward helping workers optimize their financial compensation. When outside parties have a degree of fault, forensic review may be necessary to develop a viable legal claim for compensation.
