Construction sites are dangerous environments for working people, with a great possibility of accidents which can cause serious injuries. These accidents are life-threatening situations and can have life-changing impacts on the victim.
If you have been injured on a construction site, it is important to seek legal help for a better understanding and guidance to prove negligence. Negligence, which means necessary care was not provided, must be proved so that the parties responsible can be held accountable.
There are many factors to help you understand how to build a strong case and how to get the deserved compensation through a legal process.
Establishing Duty of Care
The first step to prove negligence is to show that the defendant owed a duty of care to the plaintiff. There is a need for employers to keep a safe work environment. Also, the contractors and subcontractors must follow the safety rules. The machinery provided by the equipment manufacturers should be in a safe and proper working condition.
The first step towards your case is to establish who owed the duty of care. This depends on the relationships and contractual duty at the construction site. For example, a subcontractor may be responsible for some safety measures. It is important to know the correct party so that it can be held accountable for the accident.
Proving Breach of Duty
Once a duty of care is proved, you need to show that the defendant failed to perform this duty. Breaches in construction accident cases happen when the safety protocols are ignored, equipment used is defective or harmful, and the dangerous work environment is not addressed if present.
Evidence of Breach
Collecting evidence to prove the breach can be a smart option. This may include statements by co-workers or supervisors who have witnessed it with their own eyes. Filing of accident reports immediately after the accident. Checking of faulty tools or unsafe conditions by the experts.
This evidence can prove that a breach occurred due to the defendant’s actions or ignorance, proving the negligence and holding the defendant accountable for the accident that happened at the construction site.
Establishing Causation
To prove causation means to show that the injury happened because there was a break of duty. In legal terms, this means there is a need to show both “cause in fact” and “proximate cause.” “Cause in fact” contains proof to show that the injury was directly related to the breach, while “proximate cause” shows that the injury was a predictable result of the breach.
If you need to prove the cause, in fact, medical bills, pictures of the accident scene, and statements by the expert can be placed before the law. They show that if a breach did not happen, there was no chance of an accident.
For proximate cause, the injury could have happened due to the breach. For example, if a worker fell because of the broken machinery, a serious injury could have taken place, such as a broken leg or back injury.
Showing the Damages
The final step to prove negligence is to show that the breach led to much harm and damages. These damages in a construction accident case include immediate and long-term medical bills, loss of wages because the victim is unable to work, and pain and suffering, which includes emotional trauma.
Workplace safety is important on construction sites. To recover, it is necessary to ask for compensation if you are injured due to a breach.
Non-Economic Damages
If you are injured, there is much more than financial and physical harm, which includes non-economic damages like loss of enjoyment of life. For example, if you are not able to return to your normal life because of the injury, this loss can also be mentioned in the claim.
Take Action Today!
If you or a loved one has been injured at a construction site, now is the time to consult with experts who will guide you with the case and help you to gather proof, which is important to get the compensation you deserve. Know your rights and fight for them!
