Construction Worksite Accidents: How an Attorney Can Help
Key Takeaways:
- Construction site accident injuries can fall under personal injury or workers’ comp claims.
- A lawyer can help victims decide whether workers’ comp or a personal injury lawsuit is the best course of action.
- A lawyer can protect victims from being taken advantage of with low settlement offers from insurance companies and employers.
According to the Occupational Safety and Health Administration (OHSA), construction is one of the most dangerous industries in the United States. According to OSHA, the “fatal four” top causes of construction fatalities include falls, struck-by objects, caught-in/between injuries, and electrocution.
When a construction site has a poor track record for safety measures, they should be held accountable for the dangerous work environment. If you want to know more about your legal rights after a construction work injury, talk to a construction accident lawyer about your construction accident case.
What Are Examples of Construction Site Accidents?
Construction sites can be dangerous, with heavy machinery, ladders, falling objects, heavy equipment, and industrial chemicals. Injuries that can happen on a construction worksite include:
- Amputation
- Chemical inhalation
- Broken bones
- Burn injuries
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
Some types of injuries can be minor and may only take a few days or weeks to heal. Other types of construction accidents can cause more serious injuries, permanent disability, or fatalities.
Construction accidents can happen when the construction company, general contractor, or subcontractor doesn’t follow OSHA safety requirements. This could include lack of training, lack of fall protection, or not providing safety equipment.
How Can Injured Construction Workers Get Compensation?
When a construction worker is injured on the job, they may be able to get compensation from the construction company. Generally, construction site injuries fall under either:
- Workers’ compensation claims
- Personal injury claims
Workers’ Compensation for Worker Injury
Most workplace injuries are covered by workers’ compensation laws. Workers’ compensation insurance protects workers who are injured on the job from accidents or long-term exposure injuries. Workers’ compensation benefits include paying for medical expenses and wage replacement.
Workers’ comp claims are not based on who was at fault for the accident. Workers don’t have to show employer negligence, but as a trade-off, they have limited damages.
Personal Injury Claims for Accident Victims
A personal injury claim can help injury victims get money for their damages. Damages in a personal injury lawsuit can include:
- Medical bills
- Lost wages
- Future medical care
- Pain and suffering
Workers covered by workers’ comp insurance may not be able to file a personal injury claim. However, independent contractors, 3rd-party suppliers, or other people injured in a construction accident can file a personal injury claim. Workers injured by defective equipment may be able to file a claim against the equipment manufacturers for damages.
If you or a loved one suffered a construction accident injury, talk to a personal injury lawyer about your legal rights.
How Can a Construction Accident Attorney Help?
Many victims of construction accidents just let the construction company handle the injury. However, the construction and insurance companies may just be trying to limit their liability. If the construction company tries to get you to sign a settlement for your construction accident injuries, make sure you get legal advice before you sign away your rights.
A construction accident lawyer can help you understand your legal rights after a workplace accident. The construction company may try to offer a small settlement to get you to give up your rights. A lawyer can negotiate with the construction company to make sure you get the compensation you deserve or take your case to court if settlement talks break down.
A construction accident lawyer can also help you file a workers’ comp or personal injury claim. An employer may try to avoid paying a workers’ comp claim by claiming the accident didn’t happen on the job. An attorney can appeal the workers’ comp claim to put you in the strongest position possible to claim your benefits.
When Should I Contact a Construction Accident Lawyer?
The best time to contact a construction accident attorney is as soon as possible after your construction site injuries. A lawyer can make sure you take all the steps to maximize your claim. You should also make sure you get proper medical attention to reduce the risk of long-term damage.
There are time limits to filing a personal injury lawsuit. Your attorney can make sure your case is filed in time and include all responsible parties to make sure you can maximize your personal injury award.
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