Wichita Construction Accident Lawyer

On any given day, new homes are being built in Wichita, roads are being repaired, and office buildings are going up. All of that ongoing construction is good for the economy, but there are not without risks.

How dangerous are construction sites? According to data collected by the Bureau of Labor Statistics, there were 1,075 deaths in construction and 173,200 recorded injuries that occurred in 2023 (the most recent information).

Those accidents can happen if you’re working on, visiting, or just walking by a construction site.

Anyone who works or passes by a construction site has an expectation of being safe. When the managers of that site fail to provide safe working conditions, it can be considered an act of negligence.

If you or someone you love was injured because of those unsafe conditions, you need to speak with a qualified Wichita construction accident lawyer. The attorneys at Prochaska, Howell & Prochaska LLC can provide you with the guidance you need to understand how to pursue a personal injury claim against a construction company.

What Are the Most Commonly Cited Safety Concerns?

A construction project can have a crew of just a few workers or several dozen. Each of those workers has assigned tasks, but they might not all be working on the same tasks.

Translation: There are a lot of moving parts happening on a construction site, and that kind of activity can increase the risk of accidents. This is why construction work always tops the list of the most dangerous jobs in the country.

Accidents can happen for a variety of reasons. Which of the following accidents is the reason for your claim?

Falls

Scaffolding, ladders, and other elevated surfaces are common on construction sites. If these elevations aren’t secured or the workers aren’t trained in how to navigate them, there can be a fall that causes injury.

Struck-By Accidents

A construction site with multiple levels can create a situation where objects can fall and strike someone on the job or while walking by. Those falling objects can be tools, equipment, or building materials and can lead to devastating brain injuries.

Electrical Accidents

When electric wires are “live” and exposed, they can cause shocks, burns, or severe electrocution to passersby. These wires need to be properly secured or have hazard signs or tape posted around them.

Collapse of Structures

A construction site that is in progress means that structures aren’t fully finished. That can lead to the collapse of walls or floors. There could also be issues with improper demolition.

Trips and Slips

A work crew should arrive at a clean job site to start the day. Before leaving at the end of the shift, they should clean up the site. In between, debris, wet conditions, and uneven surfaces can lead to trips and falls.

Machinery Accidents

A construction site can include heavy machinery, including forklifts, cranes, bulldozers, and excavators, that can all lead to injury if they are improperly maintained or operated.

Exposure to Hazardous Materials

There are many hazardous materials that go into construction. Some of those materials are used in the building, and others are exposed during the demolition phase.

The manager of those sites is obligated to institute safety protocols.

What Causes Construction Injuries?

As you can see from the previous data listed, thousands of violations are given for failing to comply with the expected safety standards set forth by OSHA.

Typically, these violations lead to construction injuries when companies cut corners to save time and money. And the data shows us that when these companies make the decision to forgo industry safety standards, the workers pay the price.

Common causes of workplace injuries are:

• Failing to provide workers with proper safety harnesses
• Improperly secured ladders or scaffolding
• Poor safety training
• Cluttered walkways
• Heavy loads
• Lack of supervision
• Building collapses
• Fires or explosions
• Chemical leaks
• Construction equipment (forklifts, cranes, work trucks, etc.)

With heavy equipment, toxic chemicals, multitudes of dangerous tools, and often tall scaffolding or ladders, often mixed with workers who are being pushed to work faster, it’s no wonder that these accidents are sadly commonplace.

Reach out to a Wichita construction accident lawyer in our office to discuss what happened to you so we can begin addressing your rights.

Types of Injuries That Occur on a Worksite

Falls, trips, or slips are the most common injuries that occur on a construction site, causing 423 fatalities of construction and extraction workers in 2022. These incidents are, of course, not the only source of injuries. Most of these construction accidents lead to one or more of the following:

• Broken or fractured bones
• Amputations
• Crush injuries
• Internal injuries
• Spinal cord injuries
• Electrocution
• Traumatic brain injuries

If you have suffered an injury while at or near a construction site, you should seek medical attention, even if you think your injury is not that serious. You should also report every incident to your employer because you may be able to seek workers’ compensation benefits.

What You Can Do After a Construction Accident

The first thing you want to do after an injury, in the workplace or otherwise, is to seek medical attention.

Even the smallest injury can lead to major health issues if not properly cared for by a medical professional. If an accident or injury was caused by a third party (i.e., not your employer or coworker), you may be able to pursue compensation from them for any lost wages, medical bills, disability, mental anguish, etc.

If you’re an injured worker, you can pursue a workers’ compensation claim through your employer.

You must report your accident to your employer and seek treatment from doctors who are approved by your employer. Under normal circumstances, workers’ compensation will cover all treatment, prescriptions, medical devices, and even travel expenses as long as you are seeing the approved doctors.

Workers’ compensation will also cover lost wages due to the injury you suffered. Generally, two-thirds of your wages will be paid to you until you are deemed fit to return to work or after maximum medical improvement. There are many complex details about filing a workers’ compensation claim in the state of Kansas, which your attorney will gladly assist you with if your case applies.

Frequently Asked Questions

If you’ve been injured on a construction site, you’ll have a lot of questions about how your medical bills are going to be paid and if you can make up for lost wages.

The attorneys at Prochaska, Howell & Prochaska LLC understand what it takes to prevail in these types of claims. We have helped many clients in similar situations. Our support begins with answering these frequently asked questions:

How long do I have to file a construction accident claim?

In Kansas, you have two years from the date of the accident to file a claim. If you file outside of that deadline, you might be denied the opportunity to receive any compensation.

Who can be held liable for this type of accident?

Depending on the situation, there could be various parties named as defendants in your construction accident claim. A thorough investigation can reveal that the property owner, contractor, or subcontractor could be partially responsible for your injuries. Equipment manufacturers and engineers can also be liable.

It’s important to hold accountable all those who are responsible.

Can I file a lawsuit if I file a workers’ compensation claim?

If you are injured on a construction site and you’re an employee of the company that operates the site, you may be entitled to file a workers’ compensation claim for compensation reimbursement. If you accept benefits from workers’ compensation, you can’t get paid again through a personal injury lawsuit. However, there might be circumstances where your workers’ compensation claim might be denied. In that case, you’ll want to speak to an attorney to help with an appeal. There might also be a situation where you can file without workers’ compensation.

What if the construction accident resulted in a death?

If a death occurred as the result of a construction accident, it could be classified as a wrongful death. In that scenario, the surviving family members are entitled to seek damages from the responsible parties.

Can I settle my claim without going to court?

When we agree to take on a claim, we conduct an investigation and calculate what our client’s damages will be. At that point, we enter into negotiations to achieve that settlement. Most of these types of cases do settle out of court. However, if the insurance companies deny a claim or don’t offer a fair settlement, we might recommend filing a civil complaint. That is the best approach to demonstrate our resolve. It also motivates action towards a settlement.

Let a Wichita Construction Accident Lawyer Fight for You

Whether you are a passerby near a construction area and want to pursue a premises liability claim or you are a laborer seeking workers’ compensation, our Wichita construction accident lawyers have the necessary skills to handle your case.

These injuries can be traumatic and financially draining, and our attorneys at Prochaska, Howell & Prochaska LLC are here to help with your case.

We will ensure that all the necessary evidence is gathered to support your claim, such as photos or videos, witness statements, etc.

And if your loved one died as a result of a construction accident, we would help you and your family recover death benefits and hold accountable anyone whose negligence may be responsible for their untimely passing.

Contact our office today by phone or online for your free consultation and see how we can help you receive the maximum compensation you are owed for your injuries.

No matter what the cause of your injury, we are here to help you.