Hawai‘i Construction Accident Lawyer

If you look for a list online of the most dangerous occupations, you’ll typically find construction and related roles, like demolition work, roofing, sewer workers or pipefitters, and heavy equipment operators, near the top of the list.

However, building contractors aren’t the only ones who have to worry about getting hurt on or around these worksites. A Hawai‘i construction accident lawyer helps hurt workers and other injured parties, and we want to help you, too.

Schedule a free case review with an attorney in our office to discuss what led to your injuries, and we’ll advise you of your rights.

How Common Are Building Contractor Injuries?

According to the U.S. Bureau of Labor Statistics, private-sector employers reported at least 11,000 nonfatal worker injuries and illnesses in 2021. This number equates to 3.3 injuries per 100 full-time employees (FTE), a rate that’s greater than the national average of 2.7 per 100 FTE.

BLS compiles statistics for industries with the highest number of total recordable cases of nonfatal occupational illnesses and injuries, in addition to how many days those workers affected were forced to miss from work, and if their condition was so severe that it led them to their role being restricted or them needing to be transferred.

Those statistics show in the construction sector; there was a 2.8 per 100 nonfatal injury or illness rate with the following breakdown:

• 8 per 100 cases resulting in workers missing time from work
• 4 per 100 being subjected to a job restriction or transfer

What Types of Injuries Do Construction Workers Suffer Most Often?

Data compiled by the Centers for Disease Control and Prevention (CDC) in 2019 shows that of the fatal injuries contractors suffer, the most common causes and their respective percentages are:

• Falls: 36.4%
• Struck-by incidents: 15.4%
• Electrocutions: 7.2%

Why Workers and Others Get Hurt on Building Sites

According to the Occupational Health & Safety Administration (OSHA), the following are the most commonly violated standards on construction sites that result in workers and others getting hurt:

• Fall protection and training
• Hazard communication and control of hazardous energy (lockout/tagout)
• Ladders and scaffolding
• Respiratory protection
• Powered industrial trucks
• Eye and face protection
• Machinery and machine guarding

Where Construction Accidents Occur

With all the tourism and commerce that Hawai‘i sees, the people who live here, and the constant influx of people moving to our islands, there is always quite a bit of road re-design and building projects going on.

Thus, construction-related injuries can happen almost anywhere, including at, in, or on:

• Residential properties: This can include college dorms, apartments, condos, and private homes
• Commercial properties: Included in this category are office buildings, stores, hospitals and other medical facilities, nursing homes, schools or colleges, and hotels
• Industrial facilities: This may include water treatment or manufacturing plants, warehouses, logistics operations headquarters, military installations, harbors, and utility depots where computer servers may be housed
• Roadways: This can include highways and bridges

Who Is Most Vulnerable to Injuries on Worksites

Building contractors, such as the following, tend to be particularly at risk for getting hurt on worksites:

• Pipelayers and plumbers
• Heavy equipment operators
• Roofers
• High-rise workers
• Electricians
• Road construction crews

It’s easy to assume that construction-related injuries only affect workers, but they’re not the only ones vulnerable to getting hurt around or near building sites. Instead, the following parties are also at risk of harm:

• Passersby or bystanders
• Delivery truck drivers
• Those in nearby residences or office buildings
• Other motorists attempting to navigate around construction sites

Construction Equipment That Causes the Most Injuries

Some heavy equipment, machinery, or tools are more dangerous than others.

Top on that list are:

• Cranes: These may become unsteady, especially if it’s windy outside, causing it to tip over, and an inexperienced user may prematurely release its load.
• Saws: Tools like these are already dangerous enough when planted safely on a table on the ground. They pose an even more significant risk of harm when carried up on scaffolding for use on higher levels of a building. Unless properly tethered and equipped with an emergency shut-off switch, they can potentially fall and strike someone, cutting them.
• Electric nail guns: You’ve likely heard of situations where contractors get distracted and penetrate their fingers with a nail gun, which is definitely a risk in using this tool. However, another risk this device poses is the potential for being misused or a defective device misfiring and making contact with other body parts like eyes, resulting in severe injury and potential long-term visual impairments.
• Jackhammers: These are effective for boring into concrete or cement; however, they often cause repetitive stress injuries and hearing loss.
• Forklifts and bulldozers: These are often used to lift building materials up to higher ground on a job site, but if their weight is improperly balanced or the ground on which the work vehicle is traveling is not level, it can become unsteady and flip over on its side, injuring the worker inside as well as anyone standing by the equipment. Additionally, if someone isn’t as well-versed in operating the forklift, they may inadvertently put it in reverse, crushing someone between it and an inanimate object, like a wall.

While many of these passersby or workers’ injuries or fatalities are caused by safety standard violations and dangerous tools or equipment, as described above, others commonly result from third-party negligence, such as:

• Tools or machinery with manufacturing defects
• Auto accidents
• Scaffolding that cannot withstand the advertised weights as advertised
• The poor work product of other subcontractor tradespeople like electricians, plumbers, or delivery truck drivers

The factors leading to construction site accidents are far too numerous to highlight them all here.

Contact our firm, Wayne Parsons Law Office, for a complimentary consultation to discuss how you got hurt and learn what rights you may have to workers’ compensation benefits or a personal injury settlement.

Claims Building Contractors and Non-Workers May Be Eligible to File

If you speak with an attorney from our office and they deem you to have a valid claim, it’s likely that they will advise you that you have one of two options. You can file a:

• Workers’ compensation claim: Our state’s Department of Labor and Industrial Relations outlines how all employers who have one or more temporary, permanent, part-time, or full-time employees must have workers’ compensation coverage that covers them all unless excluded per section 386-1. Workers’ comp coverage generally applies to any injuries or occupational illnesses, regardless of who was at fault for them (with some restrictions), so long as the injuring event occurred during the course of their employment. It allows for those workers, at the very least, to receive compensated medical care and reimbursement of lost wages until they’re able to return to work and even lump sum payouts when the employee is permanently impaired.
• Personal injury lawsuit: These legal actions can be filed against negligent parties, like drivers, property owners, and manufacturers. You can demand compensation for medical bills, lost wages, and noneconomic losses like pain and suffering. The responsibility belongs to you as the victim to prove another party’s fault, meaning that you must demonstrate that you wouldn’t have suffered harm had it not been for their negligence to be eligible to recover damages. Unlike workers’ comp cases, anyone who was hurt by someone else’s wrongdoing may be eligible to file a personal injury claim.

How Our Hawai‘i Construction Accident Attorneys Can Help You

Injuries or illnesses related to building sites tend to be particularly serious. We know this for a fact because our firm has a long track record of representing clients who’ve suffered life-threatening injuries or died prematurely on construction sites in preventable incidents.

We also know how construction companies sometimes cut corners, endangering their workers, just to save time and money. And, we’re not afraid to go up against big-name developers, manufacturers, and others who make harmful choices.

We know how to build strong cases and negotiate aggressively to ensure that our clients get the best possible settlement offer in their cases.

An initial consultation with a Hawai‘i construction accident lawyer from our office comes with no risk and is completely free. Contact our law firm to discuss what happened to you and your rights.