Accidents at construction sites are very common. As per data one in five
accidents happen at construction sites. The results of construction accident
are devastating. These injuries could be life altering and, in most cases, it
results in missed day at work. If you or one of your friends has got injured at
a construction site and suffering the losses then there is a hope for you.
There are adequate laws to provide compensation to construction workers. Here a
construction accident lawyer can help you get adequate compensation. But before
we proceed further, let us understand what a construction accident lawyer is.
Defining Construction Accident Lawyer
A construction accident lawyer is a lawyer or attorney who helps workers injured at construction sites get the right kind of compensation using the various provisions in law. He knows how to collect evidence, negotiate to insurance companies and if necessary, file a claim. They leverage their expertise over the US and state laws for the benefits of victims.
In other words, you can define a construction accident lawyer as a legal professional who specializes in construction accident law, workers compensation law and personal injury law among the others. Such a lawyer has experience in dealing with the legal aspects of construction site accidents or injuries and representing client in the court of law.
There are times when a construction worker gets injured at a construction site due to negligence from the employers. In such a case, a construction accident lawyer help worker get appropriate compensation.
Why Hire a Construction Accident Lawyer
It is always beneficial to hire a construction accident lawyer following an accident at the construction site at these lawyers have expert knowledge of construction accident and personal injury laws. Here we give convincing reasons why such a lawyer could benefit victims.
Expertise Over Law
There are several federal and state laws regarding the accident at construction site that may affect your chances of getting the right kind of compensation. An experience attorney knows well how to use it to get appropriate level of compensation.
Proper Understanding
The US federal and state laws regarding the construction accident are complex and peculiar. And if an accident happens, the victim doesn’t know dos and don’ts. Here a lawyer is needed to interpret the law for you. So even if you don’t hire a lawyer to represent you in the court, you should consult one to have a basic understanding of the law.
Helps You with the Document Collection
Your legal options can be best exercised with collection of documents. A construction accident lawyer knows it what are the essential documents to make a strong case. Through years of experience, they have developed a resource base that help get collect these documents without much effort. These documents are as follows.
- Medical records
- Police reports
- Witness testimonials
- Video and sound recording
- Forensic reports
- Insurance documents
Different Types of Construction Accidents
It would be relevant to know different types of construction accidents. These are as follows.
Falls
It is one of the most common types of accidents. A workers can fall from roof, ladders, scaffold and other high places that result in injury. An injury caused due to fall comes under the ambit of construction accident law.
Struck by Accident
If a worker comes into the sudden contact of object or instrument and get injured then it is called struck by accident. A lawyer can also safeguard your rights in such a situation.
Faulty Equipment
Faulty equipment does more harm than good and might hurt a worker. It is one of the major causes of accidents at work. Ill fit hammers, digging tools and knife may injure you.
Lifting Injuring
A worker may get injured while lifting a heavy load. Some accident sites may require you to do heavy lifting.
Chemical Exposure
An array of chemicals is used at the construction sites. Most of them are dangerous. If you or one of your friends has got hurt due to exposure to these chemicals, then you are entitled to get compensated as per the US labor law. Your attorney will tell you more in this regard.
Collapsing Surface
There are times when surfaces shift or collapse, posing a serious threat to workers. If a worker gets injured in such a situation, he is entitled to get compensation. Hire a construction accident lawyer who will help you in this regard.
Work Vehicle Accidents
Constructions sites have several vehicles. Some of them are carrying raw materials while others are preparing and mixing material for construction. If a worker gets hurt by any of these vehicles, then the US law allow him to get properly compensated.
Loading and Unloading
Accidents also occur due to loading or unloading. There are times when workers get injured while loading or loading heavy materials at the construction site. There are adequate provisions to get compensated if an accident happens.
Falling Objects
Construction workers work at different heights on a construction site. If a tool or object falls from above and hurts a worker, then he is liable for compensation. A construction accident lawyer can handle the legal aspect of it.
Electric Accidents
You can’t imagine construction work without the use of electricity. But the use of electricity is not without its dangers. A damaged wire might lead to shock or severe electrocution that may put workers life on danger.
Types of Compensations an Injured Worker Can Get
When you file a lawsuit or your lawyer files it, there are certain types of compensations you are entitled to get. The lawsuit filed for compensation are called damages. The major damages you can get are as follows.
- You get paid for sufferings due to physical and emotional pain
- You will also be paid for loss of wages
- Your medical expenses- both future and past - will be met out
- In some extreme cases, punitive damages can also be given.
Types of Construction Accident Claims
When it comes to filing for construction accident claims in the US, different states have different laws. Here we turn spotlight on some of the major construction accidents filed by workers and law firms.
Personal Injury Lawsuit
A personal injury lawsuit is filed when the worker or victim gets injured due to the negligence of employer or third party. In other words, this lawsuit is filed against the person or body responsible for accident. The lawsuit is meant to provide compensation to the injured for financial losses, medical expenses and losses due to pain and suffering.
To get the compensation you are required to prove that the party against whom you have filed the lawsuit is responsible for your injury.
Also read
Personal Injury Lawyer - Attorney to
Deal with Personal Injury
Product Liability Lawsuit
A victim or his attorney can file a product liability lawsuit against the manufacturer, retailer or distributor of the product that has resulted in accident at construction site. For example, if a helmet or safety belt breaks, a victim can file a complaint against its manufacturer.
In other words, the product liability can be filed against any or all parties involved with the production, if the faulty product has done a damage.
Workers’ Compensation Claim
In this claim, an injured person files a claim from workers compensation insurance. In this claim they don’t have to file a lawsuit against the employer.
The US law has enough provisions to provide workers injured at construction sites. The workers injured at work are eligible for workers compensation benefits. Such workers can be compensated for lost wages and medical expenses. If their injury also needs rehabilitation, this too is covered under this claim.
Also Read
Choosing A Workers Compensation Attorney – A Complete Guide
Wrongful Death Claim
If a worker dies at the construction site, the family of the victim, can file a wrongful death claim against those whose negligence has resulted in death.
Every state in the US, has a law for wrongful death claim that clearly defines who can sue who under what condition. Your construction accident lawyer can better guide on this.
How To Hire a Construction Accident Lawyer
Have you or any of your family members have got injured while working at a construction site? Have one of your family members of relatives have died working at the site? If the answer is yes, you must look for legal assistance. A construction accident lawyer can help you in this regard. Here is how to find the right construction accident attorney.
Ask for References
Despite having several means of communication and omnipotent search engines, word of mouth is still a powerful form of recommendation. Has anyone in your broad social circle has hired a construction accident lawyer to fight his case? They must have searched for a lawyer for this purpose. Ask him for his recommendation and he will be more than happy to advise you on this.
Consult Directories
Some reputed organizations publish directories that categorically lists lawyers along with their ratings. You should check some popular directories in your locality. Search for the top construction accident lawyers in your area and these directories will serve you with answers.
Search Engine is Your Friend
Search engines could be of great help if you are looking for a good construction accident lawyer. Search the term construction accident lawyers near me and your find several options. You can also do profile search for given lawyers so that you can have a good idea about them.
Be Budget Conscious
Budget is an important consideration while hiring a construction accident lawyer. Good lawyers come for a good price and you shouldn’t settle for a mediocre lawyer as a mediocre lawyer doesn’t bring mediocre results but no result.
Meet Your Lawyer
Once you have shortlisted some lawyers it is time to meet them. Ask what they can do for you. Also ask what you can expect in your situation. If you find the answer satisfying only then you should consider them. Else you should look for other options.
You should also check the comfort level between you and your lawyer.
FAQ – Questions and Answers
What is the time limit for filing an injury claim?
For personal injury claims, you must notify your employer withing 30 days of accident. You will be given certain time to claim your benefit.
If you are willing to file a lawsuit you should file it within three years of accident. Exceeding the time limit will sabotage your chances of getting the benefits.
What kind of documents your construction accident lawyer will collect?
As you hire a construction accident lawyer to represent you in the court, he will collect a number of documents to represent you in the court. These documents are as follows.
- He will get access to police reports.
- He will collect injury records.
- He will also get access to medical records.
- He will get photos of accident site.
- He will also record witness statements.
- He will get access to OSHA investigation report.
- Prior proof of violation will also be collected.
- You attorney will also collect information about all the workers available on the scene.
- He will also go through the workers compensation policies and insurance policies of the company.
- In addition, he will also check the safety records, inspection records
and other documents that might be necessary.
0 Comments