The construction industry is one of the most essential yet dangerous professions. Workers are constantly exposed to various hazards such as heavy machinery, falling debris, faulty equipment, and more. According to the Occupational Safety and Health Administration (OSHA), construction workers face higher risks for injuries and fatalities than many other occupations. In fact, one in five worker deaths in 2018 occurred in construction, with falls, electrocutions, and being struck by objects accounting for a significant portion of these accidents.
When injuries happen, construction workers have legal rights that can help them recover compensation for medical expenses, lost wages, and more. But navigating the legal landscape can be overwhelming, which is why hiring an experienced construction worker injury lawyer is essential for securing fair compensation. In this guide, we will explore the role of a construction injury lawyer, the types of accidents covered, compensation options, and more.
Common Types of Construction Site Accidents
Construction sites are inherently risky environments. Some of the most common types of injuries include:
- Falls from Heights: Workers often work on ladders, scaffolding, or roofs, making falls one of the leading causes of injuries and deaths.
- Electrocutions: Contact with exposed electrical wiring or faulty equipment can lead to severe injury or death.
- Being Struck by Falling Objects: Materials, tools, and debris can fall from significant heights, causing serious injury to workers below.
- Crush Injuries: Workers can be pinned between machinery, walls, or other objects, resulting in fractures or even amputations.
- Chemical Exposure: Inhalation of toxic fumes or contact with hazardous materials can lead to long-term health issues.
Understanding these common hazards is critical when assessing your legal rights after a construction injury.
Workers’ Compensation vs. Personal Injury Lawsuits
Most construction workers are entitled to workers’ compensation when injured on the job. This system provides benefits like coverage for medical expenses and a portion of lost wages, regardless of who was at fault for the accident. However, workers’ compensation often has limitations, including restrictions on the types of damages you can recover, such as pain and suffering.
In certain situations, injured workers may also have the option to file a personal injury lawsuit. Unlike workers’ compensation claims, personal injury lawsuits allow you to seek additional damages, including compensation for emotional distress and long-term disability. To file a personal injury lawsuit, you must demonstrate that your injury was caused by the negligence of a third party, such as a subcontractor or equipment manufacturer.
When to Consider a Personal Injury Lawsuit
- Defective Equipment: If the injury was caused by malfunctioning tools or machinery, you might have grounds for a product liability claim against the manufacturer.
- Third-Party Negligence: When another party, such as a subcontractor, is responsible for unsafe conditions that led to the accident.
- Intentional Employer Misconduct: In rare cases where an employer knowingly violated safety regulations, it may be possible to sue the employer directly.
How a Construction Injury Lawyer Can Help
A construction injury lawyer specializes in helping injured workers navigate the complexities of both workers’ compensation and personal injury claims. Their role involves:
- Investigating the Accident: Your lawyer will gather evidence, interview witnesses, and review OSHA reports to determine the cause of the accident and identify liable parties.
- Filing Claims: They will ensure that all necessary workers’ compensation claims and lawsuits are filed within the required timeframes.
- Negotiating Settlements: Insurance companies and employers often offer low settlement amounts to minimize payouts. A lawyer can negotiate on your behalf to secure a fair amount.
- Litigating in Court: If a settlement cannot be reached, your lawyer will represent you in court to fight for the compensation you deserve.
Steps to Take After a Construction Injury
If you are injured on a construction site, taking the right steps early on can significantly impact the success of your legal case:
- Report the Incident: Immediately inform your supervisor or employer about the accident. Document the details of how the injury occurred.
- Seek Medical Attention: Even if the injury seems minor, get medical help to prevent complications and ensure proper documentation of your condition.
- Document the Scene: If possible, take photos of the accident site, equipment involved, and your injuries. This can serve as crucial evidence in your claim.
- Consult a Lawyer: Contact a construction injury lawyer to assess your legal options and guide you through the claims process.
Compensation You May Be Entitled To
Depending on your case, you may be eligible for various forms of compensation, including:
- Medical Expenses: Coverage for hospital bills, surgeries, rehabilitation, and ongoing medical treatments.
- Lost Wages: Compensation for income lost due to time off work for recovery.
- Future Earnings: If your injury prevents you from returning to work or limits your ability to earn a living, you may be compensated for the loss of future income.
- Pain and Suffering: In personal injury claims, you can seek compensation for physical pain, emotional distress, and reduced quality of life.
FAQs
Do I need a lawyer if I’m already receiving workers’ compensation?
While workers’ compensation benefits are helpful, they often don’t cover all your damages, such as pain and suffering. A lawyer can evaluate whether a personal injury lawsuit or third-party claim could provide additional compensation.
Can I sue my employer for my construction injury?
In most cases, you cannot sue your employer if you are covered by workers’ compensation. However, if a third party, such as a subcontractor or equipment manufacturer, contributed to your injury, you may be able to file a lawsuit against them.
What if the injury was partly my fault?
Even if you were partially responsible for the accident, you could still be eligible for workers’ compensation. In a personal injury case, your compensation may be reduced based on your level of fault, depending on state laws.
How long do I have to file a claim?
The time limits for filing workers’ compensation claims and personal injury lawsuits vary by state. It’s essential to consult a lawyer as soon as possible to avoid missing deadlines.
Conclusion
The aftermath of a construction injury can be overwhelming, with medical bills, lost income, and ongoing pain to manage. An experienced construction injury lawyer can help you navigate the legal system, protect your rights, and secure the compensation you need to recover. Whether you’re filing a workers’ compensation claim, a personal injury lawsuit, or a third-party liability claim, having a skilled attorney by your side can make all the difference.
