When an individual is employed at a construction company doing construction work, this naturally exposes employees to a number of risks associated with their work. It is because of this associated risk that makes safety in the workplace an especially critical factor in the construction industry.

One article notes, “Whether it is building a downtown high-rise or putting an addition on a suburban home, various equipment can be used such as cranes, backhoes, forklifts, welding and mechanical cutting tools - but it also includes more standard items like ladders and safety harnesses. When equipment used in construction is defective, serious accidents can result and have disastrous effects on the health and livelihood of injured workers.”

Because construction often involves different types of heavy and mechanized equipment there is always a potential to cause a workplace injury. Whatever tool or apparatus that is used in the construction industry if improperly used or used without training can be a source of injury. As a result safety practices and regular employee training are essential parts of any company’s work environment and works at reducing some workplace accidents. That being said, no matter how much training and safety practices an employee has workers can still be injured as a result of the equipment itself being the cause of the injury.

It is not uncommon for equipment to be defective, this can include mechanized tools, vehicles or equipment that have an ‘inherent flaw or design error’ that causes or contributes to an accident. In other instances defective equipment can be incorrectly maintained equipment that a trained employee is using properly but results in the injury of the employee. With most equipment there is a recommended maintenance schedule that employers must comply with. In such cases where injuries are caused by equipment it may be as a result of the equipment being used beyond its recommended useful life; this in itself is considered improper maintenance. Therefore making it unsafe for use by the employee.

A Crowson Law Group attorney advised that, “The first action an injured employee must take should be that of getting all the necessary medical treatment and attention required as per his or her injury. Generally, thereafter an injured worker will also file a workers’ compensation claim. In the instances where the injury is as a result of a defective or improperly maintained workplace equipment that employee may need to seek other remedies in order to get the treatment and compensation that they are entitled to. This can be done by way of filing a personal injury claim.”

In cases where an individual is injured as a result of a defective or improperly maintained piece of workplace equipment, the employee is able to file a personal injury lawsuit against the manufacturer, retailer and distributor of the equipment. By filing a personal injury lawsuit against such persons the individual is filing a third-party claim. However, it is of the utmost importance to know the cause of the injury.

It must be noted that workers’ compensation benefits are limited in scope and length of time and in cases where severe long-term injuries or permanent disability requires extended care and lost wage replacement, such benefits may not cover the costs and treatment needed. As a result filing a third-party personal injury claim allows the injured employee the compensation he or she needs. For legal advice and representation by the best accident lawyers in Alaska contact a law firm of renowned professionals.