Construction accidents spring from a myriad of circumstances ranging from falls from or through roofs of buildings, being run over and crushed by construction equipment, falls from structures other than roofs, such as scaffoldings, ladders or windows even when workers are wearing safety harnesses and lanyards, collisions with motor vehicles, mechanical defects in lifting and operational equipment, fires and explosions involving severe burns, trench collapses that bury workers in soil, electrocution, exposure to hazardous chemicals, etc.

Accidents may result from inadequate safety inspections, someone else's negligence, poor equipment and OSHA violations. If a construction worker is injured, in many cases a claim can be brought against the owner or contractor as well as a workers' compensation claim.

Workers' compensation benefits may not be enough to cover the expenses that can result from the serious injuries that construction accidents can cause; it is important to hold all the negligent parties responsible.

The employer's liability is absolute and the employee's fault, if any, is normally not even considered when establishing responsibility for an accident unless he had refused to follow explicit directions, or had refused to use an appropriate safety device. The employer is absolutely liable even if the employee refused to use safety equipment, ignored company safety policies, or was impaired by drugs or alcohol during the time of the accident. New York State is the only state that imposes such a liability standard. In the latter case, the third party must prove beyond a reasonable doubt that the employee absolutely refused the use of a safety device offered despite the dangers involved. Damages may include money for pain and suffering, healthcare expenses, wage loss and loss of pension or other fringe benefits.

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