Construction Accidents in Columbia, SC

Workplace injuries can be devastating, resulting in significant physical, emotional, and financial hardship for injured workers and their families. While hazards exist in every occupation, the danger is amplified within the construction industry. 

Data consistently shows that a majority of severe workplace accidents occur on construction sites, making it one of the most hazardous professions nationwide. 

The inherent danger involved in construction, however, does not excuse employers, general contractors, and site managers from creating and maintaining a safe work environment for their employees. 

In fact, comprehensive state and federal regulations, particularly those enforced by the Occupational Safety and Health Administration (OSHA), mandate that employers ensure their workers have a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm.

When an injury occurs on a South Carolina construction site, the path to recovery and financial stability is often complex. Injured individuals typically rely on various sources of compensation to help themselves and their families manage medical bills, lost wages, and long-term care needs. Without proper legal representation to protect an injured worker’s rights, they may unknowingly forfeit their opportunity to pursue the full compensation necessary for a comprehensive recovery.

The attorneys at Peake & Fowler have a decades-long history of handling legal claims related to construction site injuries. 

We commit our legal knowledge and resources to protecting your rights and fighting diligently for the compensation you deserve. Our legal practice at Peake & Fowler focuses on providing robust representation to injured workers navigating the complexities of workers’ compensation and potential third-party liability claims.

Understanding Compensation Sources: Workers’ Compensation vs. Third-Party Claims

In South Carolina, nearly all employers are required to carry workers’ compensation insurance. This system is designed to provide benefits to injured workers regardless of who was at fault for the accident. Workers’ compensation covers medical treatment and replaces a portion of lost wages. While this is a critical safety net, it often provides insufficient relief, especially in cases of catastrophic injury.

Crucially, in most workers’ compensation claims, you cannot sue your direct employer for negligence. However, construction sites often involve multiple entities—general contractors, subcontractors, property owners, equipment manufacturers, and outside vendors. If a party other than your direct employer (a “third party”) caused or contributed to your injury through negligence, you may have grounds for a separate personal injury lawsuit. This third-party claim allows you to seek damages that are not available through workers’ compensation, such as compensation for pain and suffering, loss of enjoyment of life, and the full extent of future financial losses.

The comprehensive legal representation provided by a firm with a focus on construction injury cases can identify all potential negligent parties and pursue every avenue for compensation. This meticulous investigation is often the difference between a limited workers’ compensation settlement and securing the comprehensive financial support needed for a lifetime of care following a severe accident.

Common Causes of Catastrophic Construction Accidents

The construction environment is rife with potential hazards. Many serious injuries and fatalities stem from four primary categories, often referred to as the “Fatal Four,” but numerous other mechanical and environmental dangers exist.

1. Ladder Falls

Falls from ladders account for an estimated 81% of fall injuries among construction workers requiring emergency department treatment. Though common, these incidents are almost universally preventable. Employers have a clear responsibility under OSHA guidelines to protect workers from falls, and failure in this duty can lead to liability for injuries and wrongful deaths.

Workers performing tasks six feet or more above lower levels are at significant risk for serious injury or death in the event of a fall. To mitigate this risk, employers are required to provide appropriate fall protection systems and ensure workers utilize the correct equipment for the job, including the right type of ladder and personal safety gear. Furthermore, mandatory training must cover hazard recognition, proper care, and the safe use of ladders, fall protection systems, and all other related equipment.

The most frequent causes of ladder falls on construction sites include:

• Selecting the wrong type of ladder: Using a ladder that is too short, not rated for the load, or an A-frame ladder improperly utilized as a straight ladder.
• Using worn or damaged ladders: Ladders with broken or bent rungs, defective locking mechanisms, or compromised structural integrity.
• Incorrect use of ladders: Overreaching from the ladder, standing on the top cap or highest rungs, or failing to maintain three points of contact while ascending or descending.
• Incorrect placement of ladders: Placing a straight ladder on an unstable or uneven surface, or failing to secure it at the top and bottom to prevent shifting or sliding.

2. Scaffold Collapses and Related Failures

Scaffold failures are one of the leading causes of workplace injuries and deaths, often leading to devastating consequences not only for workers on the structure but also for pedestrians and property below. Scaffold accidents can result in severe trauma caused by:

• Scaffolds collapsing with workers on them: This often happens due to inadequate assembly, overloading, or using defective components.
• Scaffolds collapsing onto passing pedestrians or workers: Catastrophic structural failure leading to mass site damage and severe injury to anyone in the proximity.
• Workers falling from scaffolds: Resulting from missing guardrails, improper planking, or a lack of personal fall arrest systems.
• Objects falling from scaffolds onto passing pedestrians or workers: This negligence, often called “struck-by” incidents, typically occurs when tools or construction materials are not properly secured or when toe boards are missing.
• Electrocution to workers or passing pedestrians: This risk arises when scaffolds are erected too close to overhead power lines.

General contractors and subcontractors involved in scaffold erection and use have strict duties to ensure structural integrity and compliance with design specifications. Any deviation from these rules represents a failure to prioritize worker safety.

3. Forklift and Heavy Equipment Accidents

Forklifts are essential for hauling materials across a site, but these powerful machines pose a significant threat when safety protocols are disregarded. Accidents frequently stem from a failure to properly instruct workers according to OSHA standards or a lack of routine maintenance to ensure optimal performance.

Forklift incidents are highly preventable with rigorous training in operation and safety procedures. Moreover, if a job site’s layout is not meticulously maintained—for instance, if the machine is driven on uneven, obstructed, or unstable surfaces—it drastically increases the risk of a rollover or collision.

Common forklift accident scenarios include:

• Rollovers: Often caused by turning too sharply at speed, carrying unbalanced or excessive loads, or driving on an incline.
• Pedestrian Strikes: Occurring when spotters are not utilized, blind corners are unmarked, or the forklift’s warning lights and horns are defective.
• Load Falls: Materials sliding off the forks due to improper securing, resulting in a struck-by injury.
• Malfunction: Brake failures or hydraulic system leaks due to inadequate maintenance.

4. Crane Accidents

Crane accidents are nearly always the result of negligence or human error, given the sheer size and complexity of these lifting operations. The consequences of failure—whether a dropped load, a tip-over, or structural collapse—are catastrophic. Causes typically involve inadequate planning, training deficiencies, or mechanical failures:

• Inadequate Preplanning and Coordination: Failing to conduct a thorough site assessment, create detailed lift plans, or hold pre-lift meetings.
• Site Congestion and Clearance Issues: The area surrounding the crane operation is too congested, or a failure to ensure sufficient clearance to complete the lift without striking permanent structures.
• Improper Setup: Outriggers not being extended correctly, or the crane being set up on a soft, unstable, or non-level foundation.
• Overhead Electrical Hazards: Operating the crane amid overhead or electrical hazards often results in deadly electrocution if the boom contacts high-voltage power lines.
• Training Deficiencies: The crane operator, signal persons, or the site supervisor responsible for the operation is inadequately trained or has a lack of experience with similar lifts.
• Deviation from Manufacturer Parameters: Operating the crane outside the design parameters provided by the manufacturer (e.g., lifting beyond the rated load capacity).

5. Trenching and Excavation Accidents

Trenching and excavation work present one of the deadliest hazards in construction. When a trench collapses, a worker has only a matter of seconds to react and escape. If the trench is deep and protective systems are absent, the odds of survival are extremely low. It is also exceptionally difficult and dangerous for other workers to attempt rescue, as they often risk a secondary collapse.

Federal regulations are clear: contractors must incorporate various types of protective system options—such as shoring, sloping, or shielding—on trenches deeper than five feet. Despite these regulations, many contractors disregard safety guidelines to save time or money, placing workers in direct peril. Legal action in these cases often targets the contractor’s deliberate disregard for mandatory life-saving measures.

Other Significant Construction Hazards

Beyond the Fatal Four, other accidents frequently lead to severe injury and require legal intervention:

Struck-By and Caught-In/Between Accidents

These incidents are a major contributor to injuries. Struck-by hazards involve an object hitting a worker, such as a falling tool, misplaced equipment, or a vehicle. Caught-in/between accidents occur when a worker is crushed or compressed between two objects, such as a piece of heavy machinery and a wall, or caught in the moving parts of machinery. These incidents are generally traced back to missing machine guards, a failure to lock out equipment during maintenance (Lockout/Tagout failures), or insufficient barricades around active work zones.

Exposure to Hazardous Materials

Construction work frequently involves exposure to toxic or hazardous substances. While the immediate consequences may include chemical burns, long-term exposure to materials like asbestos, silica dust, and lead can lead to chronic diseases, respiratory illnesses, and cancer. Employers have a duty to identify these hazards, provide appropriate personal protective equipment (PPE), and implement controls to minimize exposure. Failure to provide proper safety gear or adequate ventilation can form the basis of a negligence claim.

Fire and Explosion Hazards

Construction sites contain many elements that pose a fire risk: flammable liquids, electrical wiring, and welding operations. Fires or explosions can result in severe burn injuries, internal organ damage, and inhalation injuries. These incidents are often the result of improper storage of volatile materials, faulty temporary wiring, or a lack of fire-prevention planning.

The Need for Focused Legal Representation

Pursuing a claim involving construction site negligence demands a thorough understanding of industrial safety standards, engineering principles, and the complex web of liability that exists between general contractors, property owners, and subcontractors. Simply navigating the workers’ compensation system is challenging enough; launching a successful third-party claim requires an entirely different level of legal action and dedication.

The attorneys at Peake & Fowler dedicate their practice to meticulously investigating every detail of a construction accident. This investigative process includes:

1. Scene Preservation and Inspection: Working quickly to secure evidence from the site before it is altered or destroyed.
2. OSHA Compliance Review: Scrutinizing all federal and state regulatory records to identify specific safety violations that caused or contributed to the injury.
3. Witness Testimony: Conducting interviews with all relevant witnesses, including co-workers, supervisors, and site managers.
4. Documentation Review: Analyzing maintenance logs, training records, inspection reports, and pre-lift plans.
5. Collaboration with Experts: Consulting with accident reconstruction specialists, forensic engineers, and vocational rehabilitation professionals to establish fault and determine the full extent of future losses.

If you or a loved one has suffered a severe injury on a Columbia, SC, construction site, your focus must be on physical recovery. Simultaneously, it is vital to secure your legal and financial future. By engaging legal representatives who have a history of successful outcomes in complex personal injury and workers’ compensation matters, you ensure that every responsible party is held accountable and that your rights to comprehensive financial support are vigorously protected. Peake & Fowler stands ready to apply their legal knowledge and history of client dedication to your case, helping you move forward with confidence and security.

Construction Industry Safety Requirements

The United States Department of Labor Occupational Safety & Health Administration (OSHA) requires that employers follow regulations designed to keep workers free from injury, such as keeping a workplace free from known dangers, keeping floors in a clean and dry condition, educating employees regarding job hazards, and providing protective gear at no cost to their workers.

According to OSHA, some of the most common violations of safety standards in the construction industry are fall protection requirements, scaffolding requirements, and ladder safety.

Fall Protection

Employers are required by law to protect their workers from falls. In the construction industry, employers are required to provide protection from falls at the elevation of six feet or at any elevation when working over dangerous machines or equipment. Some of these protections include: covering any holes in the floors; placing guard rails and toe-board around elevated areas; and placing guard rails and toe-board around areas where a person could fall into chemicals or machinery. Employers must also provide proper safety gear such as harnesses and safety nets when needed.

Scaffolding Accidents

According to OSHA, the four major hazards to employees working on scaffolds are falls from elevation, partial or complete scaffold collapse, being struck by falling objects, and electrocution. Employers are required to guard against these types of injuries by using guard rails and fall arrest systems, properly constructing scaffolding and not allowing them to be overloaded, inspecting the scaffolding and associated equipment, and providing personal protective gear. They are also required to protect others from falling objects by taking measures such as barricading the area below the scaffold, not allowing people to be below the scaffolding, and using equipment to catch falling objects. Employers are also required to protect against electrocution by making sure there is enough clearance between power lines, de-energizing lines, and using protective coverings.

Sources of Compensation

The primary source of compensation for injuries that occur at work is the South Carolina worker’s compensation program. This program was designed to protect workers and compensate them for lost wages and medical expenses. The process can be complicated and difficult; however, the attorneys at Peake & Fowler can help you with your worker’s compensation claim to ensure you get the compensation you deserve. We may also recommend a civil suit if your work related injury was caused by an employer’s intentional or reckless actions, or the negligence of a third party. For example, if the employer has failed to ensure a safe work environment by violating the laws set out to protect employees such as failing to provide proper fall protection, the employer may be liable for injuries caused by this unlawful behavior.

Columbia Construction Accident Attorney

Workplace injuries can be devastating to injured workers and their families. A majority of workplace accidents occur in the construction industry. 

The construction industry is a dangerous occupation; however, the inherent danger involved in the profession does not excuse employers from creating a safe work environment for their employees. In fact, employers are required by both state and federal laws to ensure their employees have a safe place to work.

If you are injured at work, there are many sources of compensation to help you and your family. Without the proper legal representation to protect your rights, you may unknowingly forfeit your rights to the compensation you need and deserve.

Common Construction Accident Injuries

Construction sites are dynamic environments with many potential hazards. Because of this, injuries can range from minor to life-altering. Some of the most common types of accidents include falls from heights, which can result from defective scaffolding, unstable ladders, or unguarded roof openings. 

These falls are a leading cause of severe injury and death in the industry. Electrocution is another significant risk, often caused by contact with overhead power lines or poorly maintained electrical equipment. Additionally, workers frequently sustain injuries from being struck by falling objects or heavy machinery. 

Crane accidents, forklift incidents, and trench collapses can cause catastrophic harm. Injuries from repetitive stress or overuse are also common, leading to conditions like carpal tunnel syndrome that can limit a worker’s ability to continue in their profession. Understanding these risks is the first step in seeking appropriate legal help if you are hurt on the job.

Navigating Compensation Claims

When a construction accident occurs, injured workers and their families face a complex journey toward financial recovery. The primary path for most injured employees is through the workers’ compensation system. 

This is a no-fault system, meaning that you can receive benefits regardless of who was at fault for the accident. Workers’ compensation benefits can provide for medical care and a portion of lost wages. 

However, the process is not always straightforward. Insurance companies may contest claims, or the offered benefits may not fully cover the extent of the harm. Beyond workers’ compensation, a separate claim might be pursued against a third party, such as a contractor, equipment manufacturer, or property owner, if their negligence contributed to the accident. 

This type of claim can help an injured person recover compensation for pain and suffering, as well as all lost wages and future medical expenses, which are not covered by workers’ compensation.

The Value of Legal Counsel

The legal process following a serious construction accident is often challenging to navigate alone. A law firm dedicated to helping injured workers can provide significant support. 

Legal professionals understand the complexities of state and federal regulations that govern construction site safety and can help identify all potential sources of compensation. 

They can meticulously investigate the incident, gather critical evidence, and interview witnesses to build a complete case. Handling negotiations with powerful insurance companies is another crucial role. 

Without legal counsel, you might be offered a settlement far below what you are owed, or your claim could be denied. Attorneys also ensure that all legal deadlines are met, a failure that could cause you to lose your right to pursue a claim. Having a dedicated legal advocate on your side allows you to focus on your recovery while someone else handles the legal and administrative burdens.

Steps to Take After an Injury

If you have been hurt in a construction accident, it is important to take certain steps to protect your health and your potential legal claim. First, seek immediate medical attention for your injuries, even if they seem minor. Your health is the top priority, and medical records will serve as vital evidence. 

Next, report the accident to your supervisor or employer as soon as possible. It is best to do this in writing. If you can, document the accident scene by taking photos or videos of the area, equipment, and any visible hazards. 

Get the names and contact information of any witnesses. Finally, before accepting any settlement or signing any documents from an insurance company, consult with a legal professional. A law firm can provide a comprehensive review of your situation and advise you on the best course of action.

Let the attorneys at Peake & Fowler bring their dedication to the law and fight for the compensation you deserve.

Contact our Knowledgeable and Experienced Attorneys who will Fight for Your Rights

If you have been injured at work, don’t wait to get help. We have the knowledge and experience to protect your rights and fight for the compensation you and your family deserve. In Columbia, South Carolina and surrounding communities, call Peake & Fowler at 803-788-4370, or contact us online to schedule a free consultation.