Construction Accidents

CHARITY FREEMAN

It seems like it is almost a weekly occurance on the news we hear of an industrial accident or construction related accident that result in serious injury or even death. Despite advances in workplace safety there is still significant risk to workers when they are on the job. Today we are here to talk about the legal liabilities that stem from workplace accidents with personal injury lawyer David Farnbauch from Fort Wayne, Indiana. Welcome David.

DAVID FARNBAUCH

Great to be here.

CHARITY FREEMAN

David correct me if I am wrong, aren't there government agencies and regulations that serve as a watchdog for workers who are involved in the construction trades in factories.

DAVID FARNBAUCH

In fact there are governmental entities that are charged with overseeing the safety of workplace accidents. Specifically OSHA, the Occupational Safety Health Administration. They are in charge of monitoring safety at work sites.

CHARITY FREEMAN

Can you give our viewers some examples of cases that arise due to injuries in the workplace.

DAVID FARNBAUCH

Well one of the most common examples of injury that occurs in the workplace is a fall from, for instance, a scaffold or a ladder or there is some kind of opening in a roof or a worker will fall through a roof to the ground and suffers severa injuries.

CHARITY FREEMAN

David I heard that if a worker is injured on the job he or she is limited to worker compensation benefit. Is that true? 

DAVID FARNBAUCH

No that's not true. In many instances if someone is injured at work. If the fault is as a result of a fellow employee one will be limited to workman's compensation benefits. However there are many instances where an injury on the worksite will give the injured worker the right to sue another party or another corporation as a result of those worksite injuries.

CHARITY FREEMAN

You have been handling workplace and construction related accidents for the last twenty-five years. It would seem to me those cases are more involved and more complex than a regular personal injury case like an auto accident is that true?

DAVID FARNBAUCH

That is the case. These types of injuries are complex because you are normally suing a number of contractors and subcontractors of different entities. So most lawyers do not handle workplace or construction accident cases.

CHARITY FREEMAN

What advice would you give someone who has been injured in a workplace or construction related accident?

DAVID FARNBAUCH

I actually have two pieces of advice to give an injured worker who was injured in a workplace accident. The first bit of advice that I would give is to not give a recorded statement to an investigator or insurance adjuster who's investigating an accident unitl you consult a lawyer. The other piece of advice that I would give is to hire a lawyer that has experience in handling workplace accidents. Because as I said these cases are difficult. They require some specialized knowledge and it makes sense to get someone who has handled these types of cases before.

CHARITY FREEMAN

Mr. Farnbauch thank you for taking time out of your busy schedule to help us and provide some information about these types of cases.

DAVID FARNBAUCH

You're welcome.