Construction Workers Are In A Dangerous Industry
As a construction worker or the loved one of a construction worker, you know that this work involves tradesmen and professionals who perform a wide range of functions. What you also likely know is that every construction site is filled with potential dangers.
Personal Injury On The Construction Site
Each year, thousands of constructions workers become ill, are seriously injured or killed because of:
- Falls from ladders, scaffolds, or roofs
- Heavy equipment accidents
- Defective power tools
- Falling objects
- Explosions and fires
- Structural collapses
- Exposure to asbestos and other toxins
- Electric shock and electrocution
Faulty safety equipment, inadequate safety procedures, and lack of training can also cause injuries on construction sites. With multiple employers on one site, communication and consistent safety measures can be difficult to maintain. However, company owners, contractors, and other parties are still responsible for maintaining a safe environment.
Collecting Workers’ Compensation After Construction Accidents
Workers’ compensation insurance is required by law and anyone who is hurt on the job has the right to file a claim. However, that doesn’t mean that the insurance company will immediately pay that claim. In fact, insurance companies are notorious for making the claims process incredibly difficult, urging their adjusters to find any reason to issue a denial or reduce the amount paid out.
In some cases, employers even contest a claim, hoping to prevent their insurance premiums from going up.
Let one of our experienced attorneys review your claim, identify any mistakes that could result in a denial, and speak with the insurance company on your behalf. Instead of dealing with the stress of filing a claim, focus on healing from your injuries.
If you’ve already received a denial and need help with your appeal, contact our law firm to be connected with a work injury lawyer. We will guide you through each step of the process and fight aggressively for the full compensation you deserve.
Why Hire A Construction Accident Attorney?
Workers’ compensation and construction accident lawsuits may be available to a worker who is injured in a construction site accident.
According to the law, employers must provide workers’ compensation insurance as a no-fault benefit. A worker’s medical insurance coverage should cover all medical expenses associated with an on-the-job injury, as well as a fraction of lost wages, if not all, in the case of extended absences from work.
Rejected Personal Injury Claims
Unfortunately, millions of claims are rejected each year. It is common for an attorney to be required in order for a workers’ compensation claim to be approved.
Even the maximum amount that can be paid out through workers’ comp frequently simply isn’t enough to cover all losses sustained by an injured worker. If a third party’s negligence contributed to the accident which caused you harm, you may be able to fight for full compensation by filing a lawsuit against them.
Construction accident lawsuits can also be filed with the assistance of an experienced construction lawyer. Civil lawsuits are brought to provide compensation that can aid injured victims in being restored to their pre-accident state. There are some injuries that are permanent, but compensation can be obtained to cover the costs of the necessary care. A jury can award compensation for past and future medical bills, lost earnings, physical pain, and emotional distress. Although it may take some time to recover the compensation, a lawsuit is usually the best way to ensure your financial safety.
It is very common for construction site accident victims to accrue significant medical bills following a work injury–bills that they’re personally responsible for. This is due to the fact that a majority of construction workers are not covered under any type of healthcare plan through their employer or other avenues.
Depending on the nature of a personal injury, victims may or may not be able to return to work. Often, physical disfigurement can prevent past work duties from being performed.
Construction accidents victims may lose wages—or be unable to work at all—as a result of their injuries. Some situations are more extreme than others, but all will undoubtedly influence a family’s financial situation significantly. Both past earning and potential future earnings may be considered, depending on the nature of the personal injury claim.
Pain & Suffering
Construction accident victims can experience pain and suffering as a result of their injuries. They may also experience depression, anxiety, and feelings of isolation. A New York construction accident lawyer can help make sure these effects are compensated for if deemed necessary by the court.
Who Is Liable In Construction Site Accidents?
It is rare to file a lawsuit against an employer following a construction accident; however, one can sue a third party whose negligence resulted in the accident.
Someone is negligent if they fail to take reasonable precautions to prevent injury to others. Construction sites are typically affected when third parties fail to ensure safety standards are met or hazards remain uncorrected.
A third party’s negligence is not always obvious, so injury victims should seek legal counsel. Often, construction accidents are caused by defective products, such as power tools and heavy machinery. These cases could result in a lawsuit being filed against the responsible designer or manufacturer.
Will I Be Suing My Employer?
No. By offering workers’ compensation coverage, your employer is protected from being named the defendant in a lawsuit. Most construction accidents are filed against people or groups such as:
- negligent drivers
- the manufacturers of tools or machinery
Our lawyers will identify the at-fault party when we review your case. In some cases, there is more than one person or group who can be sued.
How Much Will My Construction Accident Lawsuit Be Worth?
Each settlement or favorable verdict that is obtained through a lawsuit is different simply because no two plaintiffs sustain the same losses. Once our team reviews your case, we can calculate your losses.
Can I Sue If My Loved One Died In A Construction Accident?
Yes, it could be possible, depending on your relationship with the deceased, to take legal action on their behalf. Typically, it is the parents, spouses, and children of the deceased who are eligible to file a legal complaint known as a wrongful death lawsuit. These lawsuits can provide compensation for additional losses, such as funeral and burial costs, the loss of inheritance, and the loss of benefits.