Construction Accident Investigation: Securing Evidence After an Incident

Were you injured in a workplace accident? If so, there will be a construction accident investigation to determine who is responsible for your injuries, how to prove fault, and the cause.

While the accident is investigated, a professional and experienced attorney can protect your legal interests and ensure you receive all the benefits and compensation you deserve.

The personal injury attorneys at Rosenfeld Injury Lawyers, LLC represent victims injured in construction accidents.

Contact our construction accident lawyers today at (888) 424-5757 (toll-free phone call) or use the contact form to schedule a free consultation to discuss your accident investigation case's legal requirements and options.

Construction Companies and Accident Investigations

Accident investigations are a critical part of the legal process. The investigation will determine the cause of the accident and identify whether the at-fault party was a negligent worker, defective equipment, or the company itself.

As per occupational safety regulations, a company or the Occupational Safety and Health Administration (OSHA) representative is required to conduct an accident investigation into construction site accidents.

The investigation will result in a construction incident report that is compiled, including -

• How the event occurred
• Information on the fatality or medical treatment of the injured person
• Details of the construction projects and construction sites
• Any hazards or unsafe conditions
• Victims' employment and training history
• Safety protocols of the company and OSHA compliance

The injured person should confirm whether the details in the construction incident report are accurate, even if it is just a minor accident.

Serious Construction Accident Investigation

While conducting a construction accident investigation, an OSHA or the National Transportation Safety Board (NTSB) team will identify the cause and describe the accident, damage, injury, or fatality.

This accident investigation team will compile a construction incident report to identify relevant factual data and will include the following:

• Property damage or accident cost to work site incidents
• Workers involved in the incidents or near misses
• Fatalities or injuries suffered by workers
• Medical treatment information
• Description of the site building and layout
• Assessed risk included in the company's health and safety protocols
• Effectiveness of company compliance report or safety program in the prevention of future accidents

When a construction accident occurs, an accident investigation team not only determines who is accountable for the accident but helps to prevent similar accidents in the future. After an investigation, employers are required to evaluate their safety program.

The implementation of factors for the prevention of accidents, such as stricter compliance with a safety program, better-maintained equipment, or more thorough training of workers, should be considered by employers.

What to Do After a Construction Accident Occurs

What you do after a construction accident or near miss can influence the construction accident investigation, and victims in the investigation process should ensure the following -

• A record of each injury
• A statement of the accident events and photos of the accident scene
• While the investigating engineer is interviewing witnesses, have no discussion of the accident with others
• Review the safety risk and OSHA safety compliance with management
• Identify potential hazards
• Retain a construction site accident lawyer to investigate the construction site accident scene

During the investigations in the initial process, any evidence or testimony, along with the professional opinions of trained specialists in an accident or near-miss reconstruction, will be documented by your lawyer.

The specialists will determine the root cause and fault and could make safety recommendations to prevent similar accidents in the future.

Establishing Fault Of the Responsible Parties

The legal requirements of establishing fault rest on several types of liability examined during a serious construction accident investigation -

• Negligence— Any act or failure to act that breaches a person's duty of care or conduct is considered negligence. The duty of care is simply what an accountable individual in the same position would do or refrain from doing under similar circumstances.
• Vicarious liability— Construction companies and businesses can be held accountable for the actions of their employees, primarily if those actions reflect the company's safety policy.
• Product liability— Defective tools, machinery, or equipment may be the cause of an accident or a contributing factor in causing an employee to commit a negligent action. The manufacturer can bear some or all liability for the accident that ensues.
• Adherence to laws and standards— Many accidents are simply symptoms of a company's failure to follow safety laws or enact safety and health administration standards mandated by OSHA. Employers should investigate these violations to establish root causes, fault, and preventative safety measures.

Our Construction Lawyers Can Help with Accident Investigations

The Rosenfeld Injury Lawyers, LLC is an established and reputable law firm representing victims in accident investigations who sustained injuries on unsafe job sites.

While the accident is investigated, we can answer your questions about the legal requirements of your case during a free consultation. We can pursue compensation on your behalf for any medical bills, pain, suffering, and property damage.

Contingency Fee Agreement

Our trained personal injury attorneys accept all personal injury claims and wrongful death cases on a contingency fee agreement and ensure our clients have legal representation without paying any upfront out-of-pocket expenses.

Contact us at (888) 424-5757 to schedule a free case evaluation.

Resources:

• Construction Accidents Investigation | OSHA
• Construction Incidents Data | CDC