Do Worker Shortages Contribute to Construction Site Accidents?

Construction sites are inherently hazardous environments. Workers must navigate tripping hazards, fall risks, heavy machinery, dangerous equipment, and many other potentially harmful situations – often while exposed to snow, rain, or punishing heat. Yet construction is a crucial part of Michigan’s economy, employing over 316,000 individuals across the state.

Between 2011 and 2021, employment in Michigan’s construction industry grew by 50.6 percent (compared to a 7.4 percent overall employment growth). Despite this hiring surge, the construction industry is still severely shorthanded. Worker shortages have led to increased workloads, higher stress levels, and sometimes unqualified workers filling critical roles. These factors can contribute to construction site accidents, serious injuries, or fatalities.

You may have options if you have been injured on a construction site in Michigan. While workers’ compensation is the primary avenue for financial recovery, in some cases, you may have grounds for a lawsuit against your employer or a third party.

How Worker Shortages Lead to More Construction Site Accidents

Adequate staffing, proper training, and adherence to safety protocols are crucial aspects of protecting the safety of Michigan construction workers. The shortage of skilled construction workers directly erodes these elements of workplace safety in several ways, including:

• Overworked employees. When fewer workers are available, existing employees are often required, pressured, or incentivized to work longer hours, leading to fatigue. Tired workers are more likely to overlook safety precautions or make errors that result in accidents. Delayed reaction times can also reduce their ability to avoid hazards.

• Inexperienced or undertrained workers. Companies may hire less experienced workers to fill labor gaps or fail to provide adequate training. These shortcuts can increase the risk of injuries due to improper use of equipment, failure to follow protocols, or not recognizing hazardous conditions.

• Increased pressure to meet deadlines. Construction projects run on strict deadlines and careful coordination of interdependent tasks. A lack of skilled workers can hamstring a project, putting additional pressure on crews to complete tasks quickly and get back on schedule. Workers who rush to meet deadlines may take unsafe shortcuts, like bypassing safety measures or failing to secure equipment properly.

• Lack of supervision. A shortage of skilled supervisors and safety personnel can reduce site management and supervision. Unsafe practices can go unchecked without proper oversight, increasing the likelihood of accidents and injuries.

• Improper equipment use. Workers may be asked to operate machinery or perform tasks outside their expertise when there aren’t enough experienced hands. Workers using unfamiliar equipment without proper training, oversight, and safety protocols can lead to disastrous results.

Workers’ Compensation for Injured Construction Workers in Michigan

Workers’ compensation is typically your first avenue for financial recovery if you are injured on a construction site in Michigan. Nearly all employers must carry workers’ compensation insurance, which pays benefits if you are injured on the job. You do not have to prove that your employer was negligent to receive benefits, which may include:

• Medical expenses related to your injury.
• Wage replacement for time missed from work.
• Vocational rehabilitation if you are unable to return to your previous job.

Unfortunately, workers’ compensation benefits are limited and may not fully cover all your expenses. Further, they do not compensate you for non-economic damages like pain and suffering. In some situations, you may have the right to pursue a lawsuit for additional compensation.

When Can You Sue Your Employer for a Michigan Construction Site Injury?

Workers’ compensation is an “exclusive remedy” in most cases, which means employees who suffer on-the-job injuries usually can’t sue their employer. However, there are some exceptions. Examples of situations where an injured construction worker might be able to file a lawsuit against their employer include:

• Intentional misconduct. In rare cases, employees may sue if their employer deliberately injured them or put them in harm’s way. This category of claims includes employees who suffer physical or sexual violence at work since companies are usually liable for the actions of supervisors and managers in the workplace. Lack of supervision on understaffed job sites can increase opportunities for intentional misconduct.

• Gross negligence. If an employer’s negligence was extreme, such as failing to provide essential safety equipment or knowingly forcing workers into hazardous conditions, an injured employee may have grounds for a lawsuit. In cases where many workers were injured (such as by exposure to toxic chemicals), workers may be able to pursue class-action claims.

• Violation of safety regulations. If an employer or third party’s violation of OSHA (Occupational Safety and Health Administration) regulations or other safety laws resulted in your injury, you may be able to pursue additional legal claims.

Third-Party Liability for Construction Injuries

If someone other than your employer was fully or partially responsible for your injury, you may be able to pursue claims against them. Responsible “third parties” could be subcontractors, equipment manufacturers, property owners, or other workers. For example, if a defective piece of machinery or scaffolding caused your injuries, you may be able to sue its manufacturer or supplier. If your injuries were caused by a property owner negligently failing to maintain their premises, you may be able to file a lawsuit against the property owner or management company.

How an Experienced Michigan Construction Injury Attorney Can Help

Worker shortages can make construction sites more dangerous, increasing the risk of serious accidents. If you or a loved one has been injured on a construction site in Michigan, don’t assume workers’ compensation is your only option. You may be able to recover additional compensation through a third-party claim or lawsuit.

A skilled attorney can investigate the circumstances of your accident, determine whether a third party or employer’s gross negligence contributed to your injuries, pursue full compensation through a workers’ compensation claim or a lawsuit, and negotiate with insurance companies to maximize your financial recovery. To discuss your case and explore your legal options, contact the Sommers Schwartz construction accident team today. You deserve to be compensated for your injuries, lost wages, and suffering caused by unsafe work conditions. Don’t wait—protect your rights and get the justice you deserve