Construction sites are busy environments filled with heavy machinery, materials and workers engaged in various tasks. Unfortunately, accidents happen frequently, including caught-in or caught-between incidents, where workers may find themselves trapped by equipment, materials or moving parts, leading to serious injuries or fatalities.
If you or a loved one was injured in a caught-in or caught-between accident, you may be wondering how to prove negligence in your claim. To establish negligence, it is essential to show that the employer did not uphold their duty of care, leading to unsafe conditions that resulted in the accident. Here are four key things to consider when proving negligence in caught-in construction site accidents:
1. Absence of safety guards on tools and machinery
Under OSHA standards, construction site employers must provide safety guards on tools and machinery with moving parts. The absence of these devices can create hazardous conditions, increasing the likelihood of injuries. If a lack of safety guards contributed to the accident, it indicates negligence by the equipment manufacturer.
2. Lack of training and safety protocols
Employers must take steps to better ensure all workers are adequately trained in safety protocols. A lack of training heightens the risk of accidents and can be a significant factor in proving negligence. If workers are unfamiliar with safe machinery operation or unaware of hazards, they are more prone to caught-in situations.
3. Inadequate supervision and safety oversight
Construction sites require diligent supervision to enforce safety practices. If contractors fail to provide sufficient oversight, unsafe conditions may go unaddressed, raising risks for workers. Documenting instances of ignored safety measures can support a claim of negligence.
4. Failure to conduct regular inspections and maintenance
Routine inspections and maintenance of construction site machinery and equipment are critical for safety. If these checks are neglected, it can lead to malfunctions or unsafe conditions resulting in caught-in accidents. Evidence of a lack of maintenance records can further establish negligence in your case.
If you suspect that your injury was a result of negligence, consider seeking legal guidance to help you through the process of pursuing a claim. You may have more than just workers’ compensation available, depending on your situation.