Personal Injury Law Center

Construction Accident Lawyers

Construction worksites are a common venue for accidents and injuries. Not only are construction workers injured in construction accidents, but pedestrians, bystanders, and motorists can also be injured in construction work zones. Depending on the circumstances of a construction accident, the victim and his or her family may be entitled to workers’ compensation benefits, personal injury damages, or wrongful death damages. A construction accident lawyer can help you better understand your legal options, and will fight to get you maximum money damages and other compensation.

 

Workers’ Compensation Benefits for Construction Accidents

Thousands of workers are killed, and millions more are injured, every year in work-related accidents. Construction workers have one of the most dangerous jobs in the country. Construction accidents are responsible for hundreds of work-related fatalities and thousands of work-related injuries each year.

If a construction worker is injured while on the job, he or she is generally entitled to workers’ compensation benefits, which may include:

• Medical and rehabilitative expenses
• Temporary total disability benefits equal to a portion of the employee’s average gross weekly wage if the employee is unable to work while recovering
• Temporary partial permanent disability benefits equal to a portion of the difference between the average amount the worker would be able to earn in his or her pre-injury job and the net amount he or she earns in a light-duty job while recovering
• Permanent total disability benefits if there is a loss of use of a part of the body
• Job retraining

The specific workers’ compensation benefits and amount of work injury compensation available vary from state to state so it is important to contact a work accident attorney for more information about workers’ compensation benefits in your jurisdiction.

In order to obtain workers’ compensation benefits for a construction injury, an injured worker must follow certain procedures, including:

• Informing your employer of the work-related injury or illness. Many states require that the injured worker provide notice within a certain period of time so it is important to not delay. A workers’ compensation attorney can help ensure that you provide timely and proper notice.
• Submitting to a medical exam with an independent medical examiner chosen by your employer or its insurance company.
• Filing a claim with the workers’ compensation commission in your state if your employer or its insurance company denies or reduces the amount of your workers’ compensation settlement.

 

Can I File a Personal Injury Lawsuit After a Construction Accident?

Construction workers aren’t the only ones who are injured in construction accidents. For instance, pedestrians, bystanders, and motorists can all be injured or killed in a construction accident. If this is the case, the injured party may choose to file a personal injury lawsuit against the negligent party.

Although injured workers are generally prohibited from filing a personal injury lawsuit against their employer, in some situations, an injured construction worker may have a third-party claim for a work-related construction accident. For instance, a subcontractor may have a third-party claim against the general contractor of the construction site. Or a construction worker may have a third-party claim against the equipment manufacturer if a defective product caused the work injuries.

Although personal injury laws vary from state to state, generally, in order to pursue a personal injury claim, the injured party – whether an injured construction worker or other person – must show that the defendant is liable by proving the following:

• The defendant owed the plaintiff a duty of care;
• The defendant did not comply with his or her duty of care;
• The plaintiff suffered injuries as a result of the defendant’s actions or inaction; and
• The defendant’s failure to comply with his or her duty of care was the proximate cause of the plaintiff’s injuries.

Again, in most jurisdictions, injured construction workers are prohibited from filing a personal injury lawsuit against their employer so an injured construction worker can only file a lawsuit against negligent parties other than his or her employer.

A personal injury claim begins when the injured party, or plaintiff, files a complaint in the applicable court of law. Like all personal injury claims, construction accident lawsuits are subject to statutes of limitation, or time limits, on when the claim can be filed so it is important to contact a construction accident lawyer as soon as possible.

Like all injured parties, victims of construction accidents must consider a number of factors when deciding whether to file a personal injury lawsuit, such as the following:

• Workers’ compensation settlements, as well as other insurance settlements, are subject to the policy limits. If the injuries and damages exceed the policy limits of an insurance policy, you may not obtain adequate financial recovery. By pursuing a personal injury lawsuit, you will not be limited to the insurance policy limits.
• Whereas workers’ compensation benefits are limited to past medical expenses and a portion of your pre-injury wages, you may be able to recover money for future medical expenses and lost wages in a personal injury lawsuit. Because medical treatment is often not complete at the time an insurance settlement is offered, it won’t include amounts for future medical expenses, lost wages, or rehabilitation. A personal lawsuit will not be limited by the injured workers’ wages and can account for all damages, including current and future medical bills, lost wages, pain and suffering, and emotional distress.
• You may have multiple causes of action against multiple defendants. A personal injury lawsuit will allow you to name multiple defendants and assert multiple causes of action, whereas an insurance settlement will just deal with one negligent party and workers’ compensation settlement only resolves claims with the employer.

Unlike workers’ compensation benefits, which are limited to a percentage of the injured workers’ pre-injury wages, personal injury damages are not determined by the injured party’s wages. Successful plaintiffs in a personal injury lawsuit may be able to recover the following money damages:

• Current and future medical expenses
• Current and future rehabilitation expenses
• Current and future lost wages
• Disability benefits
• Pain and suffering
• Emotional distress
• Property damages

In some personal injury cases, an injured party may be able to recover punitive damages to punish the defendant and deter future misconduct.

 

Common Construction Accident Injuries

With hazardous work conditions and dangerous equipment, accidents on construction work sites can result in catastrophic injuries and death. For instance, construction accident injuries can include:

• Repetitive Stress Injuries. One of the most common repetitive stress injuries is carpal tunnel syndrome, which happens when the wrists are subjected to persistent and repetitive strain. Repetitive stress injuries can also involve muscle strains, pinched nerves, and torn ligaments.
• Back and Spinal Cord Injuries. Falls from ladders, scaffolding, cranes, and other elevated surfaces can result in serious back and spinal cord injuries. Additionally, heavy lifting can also result in back injuries for construction workers. Back injuries can cause long-term pain and lack of mobility, and spinal cord injuries can result in paralysis.
• Traumatic Brain Injuries. Falling objects and falls from elevated surfaces (such as ladders and scaffolding) can result in traumatic brain injuries and other head injuries. Not only do head injuries cause immediate pain and serious medical conditions, but they often result in long-term medical complications as well. In fact, almost half of those individuals who suffer non-fatal severe traumatic brain injury have a related disability one year after the injury. Traumatic brain injuries can lead to a number of short- and long-term medical conditions, including memory problems, weakness, decreased coordination, hearing and vision problems, depression, anxiety, and other mental conditions.
• Burns. Burn injuries can result in significant scarring, loss of mobility, infection, and even death. In fact, deaths from fires and burn injuries are the leading cause of fatal home injury. Burn injury victims often require a number of surgical procedures, including skin grafts, as well as long-term rehabilitation treatment.
• Amputations and Loss of Limb. The loss of a limb results in significant medical expenses, as well as a significant impact on the victim’s quality of life and ability to engage in gainful employment. For this reason, it is important to consult with a catastrophic injury attorney who can help you get full injury compensation, including personal injury money damages, disability benefits, and worker’s compensation benefits.

 

Contact a Construction Accident Lawyer

Because there are strict time limitations on when an injured construction worker can file a workers’ compensation claim or personal injury claim, it is important to consult with a construction accident lawyer as soon as possible. The statute of limitations on filing a workers’ compensation claim or personal injury lawsuit varies from state to state, and a construction accident attorney will be able to determine the applicable statute of limitations. It is also important to contact a construction accident lawyer promptly after a construction accident in order to preserve the necessary evidence to support your workers’ compensation claim or personal injury lawsuit.