Construction Accidents Law

Construction Accident Damages

Key Takeaways:

  • Injured workers can get medical bills and partial wage payment for on-the-job construction accidents. 
  • A personal injury lawsuit can help construction accident injury victims get financial compensation for their losses. 
  • Damages in a construction accident claim can include medical expenses, lost wages, and pain and suffering.

Construction work can be dangerous. Thousands of construction workers are injured every year in worksite accidents. When a construction worker is injured on the job, they can get their medical expenses covered by workers’ compensation benefits. Independent contractors and others injured in a construction accident can get damages with a personal injury lawsuit.

The construction company may not want to pay for your injuries but a construction accident lawyer can help make sure the construction and insurance companies respect you. Wrongful death and personal injury laws are different in every state. If you were injured in a construction site accident talk to a construction accident lawyer for legal advice.

Types of Construction Site Accidents

With heavy machinery, industrial chemicals, and working on scaffolding, there are many dangers on a typical construction site.

Common construction site injuries include back injuries, traumatic brain injury (TBI), spinal cord injuries, head injuries, and amputation. Even minor injuries can leave you out of work for days or weeks to recover. During that time, you need to make sure you have your medical care covered and receive a source of income.

Personal Injury Claims for Construction Accidents

Depending on the type of construction injury accident, the at-fault party could include the:

  • Construction company
  • Property owner
  • General contractor
  • Subcontractor
  • Equipment manufacturer

When a construction accident is caused by negligence, you can recover damages with a personal injury lawsuit. To prove negligence, you have to show the responsible party owed you a duty of care, breached their duty of care, and that breach caused your injuries.

Some construction accident claims can involve product liability for injuries caused by a defective product. If machinery or building materials had a design defect, manufacturing defect, or lacked property warnings, the manufacturer can be legally responsible for any injuries.

Property owners can also be held responsible in premises liability claims for injuries caused by safety hazards on the property. Property owners have a duty to workers on their property to make sure it is safe or to warn workers about any hidden dangers.

What Damages Are Available in a Construction Accident Lawsuit?

Damages refer to the losses associated with a civil lawsuit. In a personal injury claim, losses can include economic and non-economic damages. Economic damages can include:

  • Medical bills
  • Future medical costs for additional surgeries, physical therapy, mental health counseling, and more
  • Lost income for missing work while you recover
  • Loss of earning capacity if your injuries affect what you will be able to earn in the future.

Non-economic damages can include pain and suffering, emotional distress, and the loss of enjoyment in life.

Workers’ Compensation Benefits

Most employees are covered by workers’ compensation insurance for any job-related injuries. Workers’ comp covers medical expenses and provides partial wage replacement.

For example, if a construction worker was struck by a falling object on a job site, workers’ comp should cover the injured construction workers’ medical bills. However, if a worker got into a car accident on their way to work, that generally isn’t considered a work-related injury.

Damages in a Wrongful Death Claim?

If you lost a loved one in a fatal worksite accident, you can file a wrongful death claim. Wrongful death lawsuit damages can include burial costs, funeral expenses, loss of financial support for your family, and loss of their benefits.

How Can a Personal Injury Lawyer Help?

The construction company may try to deny a workers’ compensation claim by claiming you were not injured on the job or that you were drunk or on drugs at the time of the accident. In a personal injury lawsuit, the construction company may try to blame the accident on someone else to avoid paying damages in construction accident cases.

A personal injury attorney can help you fight for damages after a construction accident. Your attorney can negotiate to get you a fair settlement to pay for your losses. If the construction company doesn’t want to pay, your attorney can take them to court. Talk to an experienced construction accident attorney about your construction accident damages as soon as possible.

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