Injury from Falling - Workers Compensation

Nashville Construction Accident Lawyers Representing Fall Victims

Fighting for injured workers in Nashville, Hendersonville, and Clarksville

Construction work is dangerous work. Most construction involves working in cramped spaces, on foundations that are constantly shifting, at high heights, and on unstable equipment such as scaffolds and ladders. Falls from level ground can cause severe and catastrophic injuries. Falls from one level to another can be deadly.

At Rocky McElhaney Law Firm, our experienced Nashville work injury lawyers fight to get injured workers in Tennessee all the compensation they deserve – including wage loss compensation and payment for all necessary medical bills. When a loved one is killed due to a fall, we fight aggressively to obtain fair settlements, awards, and verdicts for families. We have 20 years of experience with these types of cases. We understand which case require workers to prove fault and those where employees are entitled to benefits just because they were doing their job. When you need an experienced fighter, it’s time to call Rocky.

Cases We Handle

Injury Attorney Rocky McElhaney

Answers to Your Questions

"When I was a teenager, Dad got hurt. Insurance company wouldn't pay. We lost our house. But, Dad got a lawyer and we got justice. That's the moment I decided to become an attorney. As a lawyer, I have dedicated my life to helping injury victims."

~ Rocky

What are the most common types of construction site falls?

Construction site falls include:

  • Falling from scaffolding
  • Falling from overhead platforms
  • Tripping over objects such as debris and hand-tools
  • Falling due to unlevel surfaces
  • Falling into holes in floors
  • Falling from ladders

What type of injuries do Nashville construction fall victims suffer?

Nearly 40% of all construction deaths are due to falls according to the Occupational Safety Health Administration (OSHA). Falls also cause numerous injuries. Common injuries from falls include:

In construction fall cases, it is critical that the worker gets immediate help – often at a local emergency room. Fall injuries can last months, years, or a lifetime.

Workers who fall often treat with orthopedists, pain management doctors, neurosurgeons, physical therapists, and vocational therapists. Employers often try to rush injured fall workers back to the job before the employee is physically able. Experienced Nashville construction injury lawyers fight for workers by demanding payment for all medical bills and for the worker’s right to get the best healthcare possible.

What are the safety procedures to reduce the risk of falls?

OSHA has developed safety rules and regulations that employers are obligated to follow. If employers fail to do so and a worker suffers an injury caused by a violation, employers can face steep fines. OSHA requires employers to provide fall protection for construction workers who are working on a surface that has an unprotected edge that is six feet or more above the level beneath. Examples of fall protection protocols that meet OSHA standards include:

  • Examining if the walking surfaces have enough strength and structural integrity to support their workers.
  • Installing guardrail systems, safety net systems, and other devices for employees who work above ground and in hoist areas.
  • Covering all holes. (The workers should also be protected from objects falling through the holes and hitting them when they are working below ground.)
  • Installing toe-boards, handrails, and stair rails around all construction sites and areas of work.
  • Providing harnesses for all employees working at heights.
  • Providing hardhats for ALL employees and requiring safety glasses and high-vis vests and/or shirts.

There are rules and regulations that govern the use of fall protection systems. OSHA offers a free, downloadable guide called Fall Protection in Construction.

OSHA further requires that employers, including construction site employers, keep floors and work areas clean and dry. Personal protection equipment such as helmets should be provided free of charge to the worker.

Can Nashville construction employees get workers’ compensation?

Employees can file a Tennessee workers’ compensation claim against their employer if they are injured while working for the employer.

In construction cases, it can be difficult to know whether a worker is an employee or an independent contractor. Construction site work usually involves a main general contractor and often, many additional subcontractors and even, sub-subcontractors. Generally, employers control the work tasks, schedule, and method of performance of an employee. Independent contractors are usually brought in to handle a specific problem for a short amount of time. Workers who are employees file workers’ compensation claims with their employers. Contractors who suffer a fall must file a personal injury claim.

Workers’ compensation claims do not require that the employee prove the employer was negligent.

Work injury benefits in Tennessee include 2/3 of the average lost wages until the employee can return to work. Additional pay and pay adjustments are made for workers with permanent injuries, workers who can return to work with medical restrictions, and workers who cannot work due to an authorized permanent disability.

What death benefits are available through workers’ compensation in Nashville?

If your loved one dies as a result of a fall on a construction site, workers’ compensation provides death benefits for the family. There is a weekly wage loss benefit that varies depending on how many children you have, but you are also entitled to $10,000 in burial expenses.

Can injured construction workers in Nashville file personal injury lawsuits?

Workers who are not employees can file a personal injury claim against the construction site owner if they fall due to the owner’s negligence. Negligence can often be shown if the employer failed to follow standard OSHA or standard construction safety procedures.

Defendants in negligence cases can include general contractors, subcontractors, engineers, and architects. Defendants who are liable should pay for the fall victim’s pain and suffering, medical bills, lost wages, and any scarring or disfigurement.

All workers, whether they are employees or independent contractors, can hold manufacturers liable if the manufacturers made a defective product that caused a worker to fall and suffer harm or death. In product liability cases, there is no need to show negligence. A manufacturer (or anyone who sold a product that caused the fall) can be held liable if the product was defective and the defect was the cause of the accident and injuries or death.

Products such as scaffolding or ladders can be defective if:

  • They weren’t properly designed.
  • They were made improperly or with faulty or substandard parts.
  • The instructions on how to use the product were inaccurate, unclear, or failed to address key issues. Key issues include limitations on use and safety instructions.
  • Necessary warnings were not included.

Do you have a construction fall lawyer near me?

We can meet you at one of our offices, via online video conference, or by phone. Rocky McElhaney Law Firm meets has two locations Nashville: one in East Nashville, at 615 Main St., B21 and one at 545 Mainstream Dr., #105.

We have more offices located in:

  • Hendersonville: 475 Saundersville Rd.
  • Clarksville: 2197 Madison Street, Suite 103

We understand some construction fall victims are immobile. We meet clients at their homes or a healthcare facility whenever necessary. We handle workers’ compensation claims on a contingency fee basis meaning we don’t get paid until you get paid. There is no charge to meet with us.

Need a fighter on your side? Contact our Nashville construction injury lawyers today

Construction work is dangerous work. One slip, one trip, or one malfunction can cause a worker to fall and suffer life-altering injuries. To speak with one of our Gladiators in Suits about your claim, call Rocky McElhaney Law Firm at  615-425-2500 or fill out our contact form to schedule a free initial consultation at our Nashville, Hendersonville, or Clarksville offices.