Construction site in Savannah, Georgia, with lawyer and hard hats
Construction site in Savannah, Georgia, with lawyer and hard hats
Construction site in Savannah, Georgia, with lawyer and hard hats
Construction site in Savannah, Georgia, with lawyer and hard hats

Construction Site Accidents in Savannah, Georgia: Legal Insights, Statistics, and Noteworthy Case

Construction accidents can cause broken bones, life changing injuries and even death. In Savannah, GA construction accidents bring a special set of legal and procedural issues. Workers hurt on construction sites must navigate a complex legal landscape of state and federal regulations, workers comp laws and third party liability claims. This guide provides legal info, 2023 stats and a notable case from the last 10 years. It’s for construction workers and their families to understand their legal rights and the process of getting compensation after an accident.

Personal Injury for Construction Accidents in Savannah, GA

Construction sites are hazardous and accidents that happen on them involve complex legal questions of liability, negligence and compliance. Both federal (OSHA) and Georgia state laws provide the framework for these accidents.

Construction Accident Legal Framework

Workers hurt on a construction site in Georgia have several ways to get compensation depending on the circumstances of their accident. The legal framework for construction accidents includes workers comp and personal injury lawsuits against third parties.

OSHA Regulations and Compliance

OSHA has specific safety regulations for construction sites. These include but are not limited to scaffolding, fall protection, trench safety and hazardous materials. OSHA’s standards protect workers from common construction site hazards like falls, electrocution, being struck by objects and trench collapses.

When an accident happens OSHA will investigate to see if the employer complied with these regulations. Violations of OSHA standards can be used as evidence in a negligence or liability case against an employer or third party.

Georgia Workers Comp

In Georgia workers hurt on the job have access to workers comp. Workers comp is a no fault system that provides medical care and a portion of lost wages without the worker having to prove the employer was negligent (O.C.G.A. § 34-9-1 et seq.). But workers comp also limits the worker’s ability to sue their employer directly for pain and suffering.

Workers Comp Benefits:

  • Medical Expenses: Workers comp covers all necessary and reasonable medical treatment related to the injury, including surgeries, rehab and prescriptions.
  • Lost Wages: Injured workers are entitled to temporary total disability benefits which is two-thirds of their average weekly wage up to a cap.
  • Permanent Partial Disability: Workers with long term or permanent impairment may receive additional compensation based on their disability rating.

But while workers comp benefits can provide immediate help, they often don’t cover the long term financial and emotional costs of a serious injury. In some cases injured workers can pursue additional compensation through third party claims.

Third Party Liability in Construction Accidents

Many construction site accidents are not caused by the employer but by third parties such as subcontractors, equipment manufacturers or property owners. In these cases injured workers may have the right to file a third party personal injury lawsuit (O.C.G.A. § 51-1-1).

For example if a worker is hurt by defective equipment the manufacturer of that equipment may be liable for the worker’s injuries. If a subcontractor on the same site violates safety standards and causes an accident the subcontractor may be responsible for the injured worker.

Third party claims allow for more compensation than workers comp claims as they include damages for pain and suffering, emotional distress and loss of enjoyment of life – damages that workers comp doesn’t cover.

Filing a Construction Accident Claim in Georgia

Construction workers in Georgia must follow specific procedures to file both workers comp claims and third party liability lawsuits. Failure to meet deadlines or comply with procedural requirements can kill the claim.

Workers Comp Claims

To file a workers comp claim the injured worker must report the injury to their employer within 30 days of the accident (O.C.G.A. § 34-9-82). A formal claim must then be filed with the Georgia State Board of Workers Comp within one year of the injury or within two years of the last payment of workers comp benefits.

Third Party Personal Injury Claims

When a third party is at fault injured workers can file a personal injury lawsuit. The statute of limitations to file a third party personal injury claim is two years from the date of the accident (O.C.G.A. § 9-3-33). To win a third party claim the plaintiff must show that the third party’s negligence or actions caused their injuries.

Types of Damages in Construction Accident Cases

Construction site accident victims can recover different types of damages depending on whether they are filing a workers comp claim or third party lawsuit.

Workers Comp Benefits

Injured workers can get:

  • Medical Expenses: All medical treatment related to the injury.
  • Temporary Total Disability Benefits (TTD): Lost wages, two-thirds of their average weekly wage.
  • Permanent Partial Disability (PPD) Benefits: For workers with permanent impairment but can return to work.

Third Party Claims

In a third party personal injury claim workers can get:

  • Medical Expenses: Future medical care and rehab.
  • Lost Wages and Future Earnings: Full compensation for past and future lost wages.
  • Pain and Suffering: Compensation for physical and emotional harm.
  • Loss of Enjoyment of Life: Damages when the injury affects the victim’s ability to enjoy life as they did before the accident.

Construction Site Accidents in Savannah, Georgia (2023)

Savannah, Georgia has had a steady number of construction site accidents over the years. In 2023 the data shows some interesting trends in the types and causes of accidents that happened on construction sites.

Incidents

Savannah had 75 construction site accidents in 2023. These accidents varied from minor injuries that required brief medical attention to major accidents that resulted in permanent disability or death.

Types of Accidents

Most common types of construction accidents in Savannah in 2023:

  • Falls from Heights: Accounted for a big percentage of the accidents, these were scaffolding collapses, ladder falls or inadequate fall protection.
  • Equipment Malfunctions: Several accidents were caused by faulty or poorly maintained construction equipment, cranes, bulldozers and forklifts.
  • Trench Collapses: Unshored or unreinforced trenches caused several serious accidents, some of which were fatal.
  • Electrical Accidents: Workers suffered burns and electrocution from exposed wiring and malfunctioning electrical equipment.

Injuries

40% of construction site accidents in 2023 were severe:

  • Traumatic brain injuries (TBI)
  • Spinal cord injuries that result in permanent impairment
  • Fractures and amputations
  • Burns from fires or electrical accidents

The most severe cases required long hospitalization, multiple surgeries and permanent physical impairment and ongoing medical care and rehab.

Workers and Families

Construction site accidents in Savannah had a big impact on workers and their families in 2023. Many victims had long recoveries, permanent disability and couldn’t return to their previous jobs. The emotional toll on workers and their families was also huge, many families struggled to deal with the financial and emotional consequences of catastrophic injuries.

Recent Construction Site Accident Case

A notable personal injury case from a construction site in Savannah in the last decade shows the dangers of non-compliance with safety standards and the consequences for injured workers.

Case: Smith v. High Rise Builders Inc.

David Smith, a construction worker, was severely injured when a scaffolding collapsed at a high rise construction site. The investigation found the scaffolding was not properly assembled and the construction company didn’t provide adequate safety measures.

Injuries

Smith had multiple fractures, a spinal cord injury that resulted in permanent partial disability. He had multiple surgeries, long term rehab and use of adaptive equipment.

Legal Outcome

Smith filed a personal injury lawsuit against High Rise Builders Inc. for negligence and safety violations. After a long litigation the case settled for $4.2 million which covered:

  • Medical expenses
  • Lost wages
  • Future care needs
  • Pain and suffering

Impact of the Case

This case highlighted the importance of compliance with safety regulations in construction work. It also showed the personal and financial impact of construction site accidents on workers and their families. After the case industry wide changes were made to scaffolding safety and training protocols to prevent similar accidents.

Construction Site Accident Lawyer

Victims of construction site accidents in Savannah face many legal and procedural hurdles when seeking compensation. Skilled legal representation is needed to navigate these complexities and get victims the compensation they deserve.

Investigation and Evidence

Personal injury lawyers play a big role in investigating construction accidents. This includes:

  • Reviewing OSHA Citations: OSHA usually investigates after an accident and their findings can be very important in establishing liability.
  • Gathering Witness Statements: First hand accounts from co-workers and other witnesses can help tell the story of what happened.
  • Accident Reports and Safety Records: Lawyers review these documents to see if there were previous safety violations or concerns at the site.

Expert Witnesses

In many construction accident cases lawyers use expert witnesses to explain how the accident happened and whether safety regulations were violated. Experts can also testify about the long term effects of the victim’s injuries.

Customized Legal Strategies

Every construction accident case is different. Lawyers develop customized legal strategies based on the facts of each case whether it’s a workers’ comp claim, a third party liability suit or both. Lawyers will:

  • Negotiate with Insurance Companies: Get victims fair settlements for both workers’ comp and third party claims.
  • Pursue Litigation: If a fair settlement can’t be reached lawyers will take the case to court to fight for the victim’s rights.

Bottom Line

Construction site accidents in Savannah, Georgia can be very serious for workers and their families. Navigating the legal maze of these cases requires knowledge of workers’ comp laws, third party liability claims and federal safety regulations.

For construction accident victims getting fair compensation is key to covering medical expenses, lost wages and the long term effects of their injuries. Keller Swan can help.