Construction Site Injuries in Tulsa: Understanding the Risks and Your Legal Rights

Construction workers in Tulsa face some of the most dangerous job conditions in Oklahoma. From towering scaffolds to heavy machinery, the risks are everywhere. Even when workers follow safety rules, serious accidents can happen—sometimes with tragic consequences.

When a construction site injury or death occurs, it’s essential to understand your legal options. This guide explains the most common hazards, identifies who may be responsible, and outlines the steps that injured workers or grieving families can take under Oklahoma law.

Common Hazards on Construction Sites

Construction sites are filled with moving equipment, unstable surfaces, power tools, and live wires. OSHA refers to the leading causes of construction worker deaths as the “Fatal Four”:

The most common deadly hazards on construction sites are known as OSHA’s “Fatal Four.”

These include:

• Falls: Often from ladders, scaffolding, or rooftops. A lack of harnesses or poorly constructed walkways can lead to deadly falls.
• Struck-by-object incidents: Falling tools or collapsing materials can strike workers unexpectedly.
• Electrocution: Unsafe wiring, uncovered power sources, and accidental contact with electrical systems are common on job sites.
• Caught-in/between accidents: These occur when a worker is crushed between heavy machinery or trapped by a collapsing trench.

There are also other dangers, such as scaffold failures, equipment malfunctions, and accidents involving large vehicles. Even if you’re careful, a split-second mistake by someone else can lead to life-changing injuries.

Real Example: Tulsa Dump Truck Fatality and Its Legal Aftermath

One tragic example occurred right here in Tulsa. A woman named Eri Hernandez was working on a construction project when a dump truck backed over her in the work zone. She died at the scene.

According to OSHA, 806 of the 4,175 workplace fatalities in 2012 occurred in the construction industry.

Her family filed a wrongful death lawsuit in Tulsa County. The lawsuit named several defendants: the truck driver, the company that employed him, Eri’s employer, and the general contractor responsible for the site.

Accidents involving heavy machinery and multi-party projects require detailed investigation and strong legal strategy to recover fair compensation. — National Safety Council

This case illustrates the complexity of claims related to construction site injuries. There’s rarely one clear answer when it comes to who is responsible.

When Is a Construction Site Injury Grounds for a Lawsuit?

Not every construction injury leads to a personal injury lawsuit. Many injured workers receive benefits through workers’ compensation. But if someone other than your employer—like a subcontractor, delivery driver, or equipment manufacturer—caused the accident, you may have the right to file a separate claim.

In many construction injury cases, workers’ compensation alone does not fully cover the losses, especially when third-party negligence is involved.

For example, if faulty machinery caused your injury, the manufacturer might be liable. If a general contractor failed to enforce safety protocols, they might share responsibility. These types of claims can help cover medical bills, missed income, and long-term care costs that workers’ compensation may not fully pay.

Oklahoma follows a comparative negligence rule, which can reduce a worker’s compensation if they’re found partially at fault.

Even if you were partially responsible, Oklahoma law still allows you to recover damages—unless you were more than 50% at fault.

Who Can Be Held Liable?

Construction projects usually involve multiple companies. That means liability can be shared among several parties. Common examples include:

• Third-party drivers operating trucks, forklifts, or other heavy equipment on-site.
• Contractors or subcontractors who fail to follow safety rules.
• Equipment manufacturers who produce unsafe tools or machines.
• Site supervisors who overlook hazards or skip safety inspections.

Each situation is unique, but identifying all responsible parties is a crucial step in securing fair compensation.

Types of Damages Available in a Construction Injury or Wrongful Death Claim

Injury and wrongful death claims can help victims and their families recover damages related to:

• Emergency and ongoing medical care
• Physical therapy and rehabilitation
• Lost wages and loss of future earnings
• Pain and suffering
• Funeral and burial expenses
• Loss of companionship and support

These damages can be significant in cases where a family’s primary income earner has been injured or killed.

Why Experience Matters in Complex Construction Accident Cases

These cases often involve detailed investigation, insurance negotiations, and legal strategy. You’ll need to gather safety records, OSHA reports, witness statements, and expert testimony. That’s why working with an experienced legal team matters.

At Graves McLain Injury Lawyers, we’ve represented victims in complex workplace injury cases involving:

• Collapsed scaffolding
• Crane and dump truck accidents
• Improper safety enforcement by contractors
• Equipment failures leading to traumatic injuries

Our team understands how to hold multiple parties accountable and guide families through the legal process with compassion and clarity.

Common Construction Hazards and Their Legal Implications

Frequently Asked Questions

What should I do if I’m injured on a Tulsa construction site?

Seek medical care right away, report the incident to your supervisor, and document the scene if you can. Then, talk to a lawyer to understand if you have a legal claim beyond workers’ comp.

Can I file a lawsuit even if I’m receiving workers’ compensation?

Yes, you can file a third-party lawsuit if someone outside your employer, such as a contractor or driver, was involved in the accident.

How is fault determined in Oklahoma construction accident cases?

Oklahoma uses comparative negligence. If you’re found less than 51% at fault, you can still recover damages, though your compensation may be reduced based on your share of fault.

What compensation can be recovered in a wrongful death construction case?

Families may recover for funeral costs, lost income, emotional suffering, and loss of companionship. Each case depends on the situation and relationships involved.

What makes construction injury cases more complex than other types of claims?

These cases typically involve multiple companies, necessitate the use of technical evidence, and must adhere to strict legal guidelines. Numerous insurance policies may also be involved.

How long do I have to file a claim in Oklahoma after being involved in a construction accident?

The statute of limitations is generally two years from the date of injury. But starting sooner helps preserve evidence and improve your legal position.

Conclusion: Know Your Rights After a Construction Site Injury

Construction workers in Tulsa face real risks every day. When something goes wrong on a job site, the impact can be life-changing. Whether it’s a serious injury or the loss of a loved one, you deserve answers—and a path forward.

If you believe a third party’s negligence caused a construction accident, legal action may be an option. A personal injury or wrongful death claim can help you hold the responsible parties accountable and recover the support your family needs.

Graves McLain Injury Lawyers has experience handling complex construction injury claims across Oklahoma. Our team can help you understand your legal rights and explore your options with care and clarity.