Why Should I Hire A Construction Accident Attorney
Construction sites are among the most dangerous workplaces, with workers frequently exposed to hazards such as falls, heavy machinery, and unsafe working conditions. Injuries sustained on construction sites can be severe, leading to significant medical expenses, lost wages, and long-term disabilities.
Many injured workers assume that workers’ compensation is their only option for financial relief. However, in many cases, they may be entitled to additional compensation through personal injury lawsuits. Employer negligence, OSHA violations, third-party liability, or defective equipment can all contribute to a construction site injury, providing grounds for legal action beyond workers’ compensation.
A construction accident attorney is essential in navigating these complex claims. Whether you need help filing for workers’ compensation, proving employer negligence, or seeking damages from a third party, an experienced attorney can guide you through the legal process and ensure you receive the compensation you deserve.
This guide explores the common causes of construction accidents, liability issues, legal rights, and the steps you should take after an injury. Understanding these key points can help you protect your rights and maximize your financial recovery.
Common Causes of Construction Site Injuries
Construction accidents occur due to unsafe working conditions, mechanical failures, and lack of proper safety measures. Knowing the causes can help injured workers determine liability and understand their legal options.
Scaffolding Falls
Scaffolding is essential for providing workers with elevated access to different parts of a site, but when improperly assembled or poorly maintained, it becomes a major hazard.
Weak or unstable scaffolding, failure to secure platforms, and lack of guardrails can all lead to severe falls. Workers who fall from scaffolding often suffer traumatic brain injuries, spinal cord injuries, broken bones, and internal organ damage.
If employer negligence or OSHA violations contributed to a scaffolding fall, the injured worker may be entitled to compensation beyond workers’ compensation benefits.
Machinery Accidents
Heavy equipment such as cranes, bulldozers, forklifts, and jackhammers poses a significant risk when it malfunctions or is used incorrectly.
Lack of proper training, poor maintenance, mechanical malfunctions, and workers getting caught in machinery are frequent causes of serious injuries. These injuries can include crushed limbs, amputations, severe burns, and lacerations.
If defective machinery caused the accident, the injured worker may have grounds for a product liability lawsuit against the manufacturer. If poor maintenance or lack of safety training contributed to the accident, the employer or site supervisor may be held responsible.
Falling Objects
Loose tools, materials, or debris can fall unexpectedly from heights, putting workers at risk of life-threatening injuries.
Even with hard hats, falling objects can result in skull fractures, brain injuries, eye injuries, and spinal damage. If an accident was caused by another worker or a contractor failing to properly secure materials, liability may fall on those responsible for maintaining site safety.
Electrical Injuries
Exposure to live power lines, exposed wiring, and malfunctioning electrical equipment frequently causes electrical injuries on construction sites.
Failing to identify and mark live wires, using poorly maintained power tools, or operating faulty electrical systems can lead to electrocution. Electrical injuries can cause severe burns, nerve damage, heart failure, and in some cases, fatalities.
Employers and site managers are responsible for ensuring that OSHA regulations regarding electrical safety are followed. If they fail to do so, they may be held responsible for an injured worker’s damages.
Who is Liable for a Construction Accident?
Determining who is responsible for a construction accident is crucial in filing the right type of legal claim. Liability can fall on multiple parties, depending on the circumstances of the accident.
Employer Liability
Employers have a legal duty to provide a safe working environment. This includes ensuring that workers receive proper training, that equipment is regularly inspected and maintained, and that safety protocols are followed.
If an employer fails to meet these obligations and an accident occurs, they can be held liable for negligence. However, most employees cannot directly sue their employer due to workers’ compensation laws, except in cases of extreme negligence.
Third-Party Negligence
In many cases, a third party, such as a contractor, property owner, or equipment manufacturer, may be responsible for a construction accident.
A contractor may be liable if they fail to enforce safety measures, while a property owner can be held responsible if hazardous conditions exist on the site. Equipment manufacturers may also be liable if faulty tools or machinery contributed to an injury.
If a third party’s negligence caused the accident, the injured worker may be eligible to file a personal injury lawsuit to seek damages beyond workers’ compensation.
Do You Need a Construction Accident Attorney?
If you have been injured in a construction accident, hiring a lawyer may be the best way to ensure that you receive the compensation you deserve.
When Should You Hire a Lawyer?
Certain situations make hiring a lawyer particularly important. If your workers’ compensation claim has been denied, legal representation can help you fight for the benefits you are entitled to.
If your injury is severe or permanent, an attorney can work to ensure you receive compensation for long-term medical care and lost wages. If a third party was responsible for your accident, a lawyer can help you pursue a lawsuit for additional damages.
If your employer is pressuring you not to file a claim or offering a settlement that seems too low, an experienced attorney can protect your rights and prevent you from being taken advantage of.
How Can a Lawyer Help?
A lawyer will investigate the accident, gather evidence, handle negotiations with insurance companies, and fight for the maximum compensation available under the law.
Without legal representation, many injured workers end up accepting lower settlements than they are entitled to, simply because they are unaware of their full rights.
What Compensation Can You Receive?
The amount and type of compensation you receive will depend on whether you file a workers’ compensation claim, a personal injury lawsuit, or both.
Workers’ Compensation Benefits
Workers’ compensation benefits cover medical expenses, partial lost wages, and disability benefits. However, workers’ compensation does not cover pain and suffering or emotional distress.
Personal Injury Lawsuit Compensation
If a third party was responsible for your injury, you may be able to file a personal injury lawsuit, which can provide additional compensation for full lost wages, pain and suffering, and emotional trauma.
Wrongful Death Compensation
In cases where a construction worker has died due to an accident, their family may be able to file a wrongful death lawsuit.
Compensation in a wrongful death case can include funeral expenses, loss of financial support, and loss of companionship. If the accident was caused by extreme negligence, punitive damages may also be awarded to punish the responsible party and prevent similar accidents in the future.
Filing a Lawsuit for a Construction Site Injury
If you decide to pursue legal action, the process typically involves several steps.
Steps to Filing a Lawsuit
- Seek medical attention – Your health and safety should be the first priority.
- Document the accident – Take photos and collect witness statements.
- Consult a construction accident attorney – They will evaluate your case and determine the best legal strategy.
- File a legal claim – Your attorney will submit the necessary paperwork.
- Negotiate a settlement or go to trial – Many cases settle, but if needed, your lawyer will represent you in court.
Frequently Asked Questions (FAQs) About Construction Accident Claims
Do I need a lawyer after a construction site injury?
If your injury is severe, if your workers’ compensation claim was denied, or if a third party was responsible for your accident, hiring a lawyer is highly recommended. A construction accident attorney can help maximize your compensation and ensure that all legal options are explored.
Can I sue my employer for a construction site injury?
In most cases, workers’ compensation laws prevent employees from suing their employer directly. However, if your employer was grossly negligent or intentionally disregarded safety regulations, you may have grounds for a lawsuit. A lawyer can assess whether your case qualifies for legal action beyond workers’ compensation.
What if a third party was responsible for my injury?
If someone other than your employer, such as a contractor, property owner, or equipment manufacturer, contributed to your injury, you may be able to file a personal injury lawsuit. These cases often result in higher compensation than workers’ compensation claims, as they allow for additional damages such as pain and suffering.
How much compensation can I receive for a construction accident?
The amount of compensation depends on the severity of your injury, medical expenses, lost wages, and whether you are eligible for a personal injury lawsuit. Workers’ compensation covers medical bills and partial wage replacement, while a personal injury lawsuit can provide full wage recovery, pain and suffering damages, and punitive damages in cases of extreme negligence.
What should I do immediately after a construction accident?
Seek medical attention as your health is the top priority. Report the accident to your supervisor and ensure an official report is filed. Take photos of the accident scene and any visible injuries. Collect contact information from witnesses. Consult a construction accident attorney as soon as possible to protect your rights and begin the claims process.
Contact Marvin A. Cooper, P.C. Today
Construction accidents can have life-altering consequences, but injured workers do not have to navigate the legal process alone.
Whether filing a workers’ compensation claim, proving employer negligence, or pursuing a third-party lawsuit, an experienced construction accident attorney can help maximize compensation and ensure your rights are protected.
If you or a loved one has been injured in a construction accident, contact Marvin A. Cooper, P.C. today for a free case evaluation.