Delaware Construction Accident Lawyers

Construction sites are among the most dangerous workplaces in Delaware. Construction workers face daily exposure to heavy machinery, high elevations, electrical systems, hazardous chemicals, and fast-paced job sites where proper safety measures are critical. When an accident occurs, the resulting injuries can be life-altering and may require extensive medical treatment, time away from work, and long-term rehabilitation.

Construction accidents affect not only workers but also subcontractors, delivery personnel, bystanders, and others present on or near a job site. Rhoades & Morrow represents injured workers and others harmed in Delaware construction site accidents and helps them understand their rights under both the workers’ compensation system and Delaware’s personal injury laws.

Common Causes of Construction Accidents in Delaware

Construction sites pose many hazards, and accidents can occur in many ways. Common causes include:

• Falls from heights, including ladders, scaffolding, roofs, and elevated platforms
• Struck-by accidents occur from falling tools, loose materials, or equipment
• Electrical injuries, including electrocution from live wires or defective power tools
• Caught-in or caught-between accidents, involving trenches, machinery, or collapsing structures
• Slip and fall hazards, such as uneven surfaces, debris, or inadequate lighting
• Cave-ins during excavation, particularly when the soil is not adequately supported
• Heavy machinery incidents, including forklifts, cranes, and construction vehicles
• Defective or poorly maintained equipment
• Hazardous chemical exposure, including fumes, solvents, and corrosive materials
• Building or structural collapses caused by design issues, overloading, or improper construction

These hazards reflect why construction work is consistently ranked among the most dangerous jobs in the country.

Types of Construction Accidents

Construction accidents occur in many different scenarios. Rhoades & Morrow represents clients in cases involving:

Falls and Scaffolding Accidents

Falls remain the leading cause of serious injuries and construction worker deaths on job sites. Scaffolding failures, unstable ladders, unprotected edges, and improper fall protection contribute to many incidents.

Excavation and Trenching Accidents

Cave-ins can occur within seconds if proper trench shoring and safety procedures are not followed. These accidents often result in suffocation, crush injuries, and workplace deaths.

Electrical Construction Accidents

Workers may be exposed to energized lines, faulty wiring, damaged power tools, or improperly grounded equipment. Electrocution can cause severe burns, cardiac complications, and long-term nerve damage.

Construction Vehicle Collisions

Forklifts, dump trucks, cranes, and other construction vehicles cause serious injuries when they strike workers or overturn.

Building and Structural Collapses

Failures involving roofs, walls, temporary supports, or entire structures often cause traumatic injuries and may involve third-party negligence.

Equipment-Related Accidents

Malfunctioning machinery, defective tools, and inadequate maintenance may lead to amputations, crush injuries, and other severe harm.

These categories reflect the wide range of construction accident injury cases that typically occur on Delaware job sites.

Common Injuries in Construction Workplace Accidents

Construction workers and others on job sites may suffer injuries such as:

• Broken bones and fractures
• Traumatic brain injuries and head injuries
• Spinal cord injuries
• Amputations or crush injuries
• Severe burns from electrical or chemical exposure
• Back and neck injuries
• Soft tissue injuries
• Respiratory injuries caused by hazardous chemicals
• Long-term disability or chronic pain

These construction site injuries often require long-term care, physical therapy, or permanent work restrictions.

Workers’ Compensation Benefits in Delaware

Most Delaware construction workers are covered under the state’s workers’ compensation system, which provides:

• Medical expenses for accident-related treatment
• Lost wage benefits during periods of disability
• Permanent impairment benefits, where applicable
• Death benefits for surviving family members

Workers’ compensation is a no-fault system, meaning injured workers do not need to prove negligence to receive benefits. However, workers’ compensation does not cover all damages. It does not provide compensation for pain and suffering or full lost earning potential, gaps that may be addressed through a third-party liability lawsuit.

Third-Party Liability in Delaware Construction Accidents

In many construction site accidents, someone other than the employer may be responsible for the injuries. Third parties who may be liable include:

• General contractors and subcontractors
• Property owners
• Equipment manufacturers
• Architects or engineers
• Construction vehicle operators
• Companies responsible for site safety or maintenance

If a third party’s negligence contributed to the construction accident, an injured worker may file a third-party liability lawsuit in addition to a workers’ compensation claim. These claims can provide compensation for:

• Pain and suffering
• Full lost wages and diminished earning capacity
• Long-term disability
• Property damage
• Other losses not covered by workers’ compensation

Rhoades & Morrow will evaluate each case to determine whether one or more third parties may be held responsible to ensure you receive maximum compensation for your construction site injuries.

Understanding Liability in a Construction Accident Case in Delaware

Determining liability often requires reviewing:

• Safety records and OSHA violations
• Site inspection reports
• Maintenance and equipment logs
• Contractor agreements and job-site responsibilities
• Witness statements
• Photographs and videos of the job site
• Medical documentation

Construction accidents often involve multiple companies working on the same site. Establishing who was responsible for safety and whether state or federal safety regulations were violated is crucial.

Delaware follows a modified comparative negligence rule 10 DE Code § 8132 (2024), allowing injured individuals to recover compensation if they are less than 50% at fault.

What to Do After a Construction Accident in Delaware

Taking the proper steps after a construction accident can help preserve your rights:

1. Seek medical attention immediately, even for minor construction injuries
2. Report the accident to your employer or site supervisor
3. Document the job site, including photos or videos of hazards
4. Collect witness names and contact information
5. Keep records of medical expenses, lost wages, and related costs to help establish the damages you have suffered
6. Avoid giving detailed statements to an insurance company before seeking legal advice
7. Contact a Delaware construction accident attorney for a free consultation to understand your legal options

Documentation is critical in construction-related cases because conditions on job sites change quickly.

How Delaware Construction Accident Lawyers Can Help

A construction accident lawyer can help by:

• Investigating how the construction site accident occurred
• Reviewing OSHA violations, safety practices, and job-site protocols
• Gathering evidence such as witness statements, maintenance logs, and incident reports
• Identifying all liable parties
• Explaining workers’ compensation benefits and helping file a claim
• Evaluating whether a third-party liability lawsuit is available
• Preparing and presenting a construction accident case
• Negotiating with insurance companies and defense counsel

Rhoades & Morrow has decades of experience representing injured construction workers and others harmed on job sites across Delaware.

Compensation Available in Delaware Construction Accident Cases

Depending on the circumstances, compensation may include:

• Medical expenses and ongoing treatment
• Lost wages and reduced earning capacity
• Pain and suffering (in third-party claims)
• Rehabilitation and long-term care
• Compensation for permanent disability
• Wrongful death claims in fatal construction accidents

The amount depends on the severity of the injuries, the degree of negligence involved, and the impact on the worker’s ability to return to their career in the construction industry. Having an experienced personal injury attorney in Delaware represent you can help you recover more than twice the compensation of those who do not.

Frequently Asked Questions