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In 2022, construction workers experienced the most fatalities of any industry, and this statistic tends to hold true in most years.
Alongside fatalities, countless construction-related injuries and accidents happen every day across the country. Thankfully, if you or a loved one experiences an accident that leads to injuries, then there are plenty of construction accident lawyers who can help you determine your best options for financial recovery. Depending on your circumstances, you could be eligible to receive monetary compensation to help you recover from your injury. Learn more about construction accidents, worker’s compensation claims, and how our firm can help you below.
Types of Construction Accidents
Construction site accident attorneys often deal with a wide range of construction zone injuries. That’s because construction workers face safety hazards when handling various types of tasks. From electrical wiring to working from a height, every day on a construction site offers new dangers. That said, here is an overview of some of the most commonly reported types of construction accidents:
- getting hit or struck by an object;
- slip and fall accidents;
- electrocution;
- falling from a height;
- getting stuck between objects;
- vehicle or machinery-related accidents;
- fire-related or explosion-related accidents;
- chemical accidents;
- overexertion injuries;
- defective equipment;
- repetitive stress accidents;
- trench collapse accidents.
This list doesn’t cover every type of accident you could face at a work site. If you got hurt on a construction job site, then that’s considered a construction accident and injury, even if you perceive the situation to be minor or unrelated to the task at hand. For instance, if you’re working at your job site and trip on a rock, that would still be classified as a ‘construction-related slip and fall’ accident even though the rock wasn’t necessarily a listed job-site hazard.
Worker’s Compensation and Injury Claims: What to Know
If you do experience a workplace accident, then the steps you take next are crucial. That’s because there are various laws and regulations in place to protect your right to file for monetary compensation in the event you are injured at work.
Worker’s compensation is a type of insurance that most employers are obligated by law to take out on their employees. When an accident happens, the employer needs to file a report with their insurance company, who will then pay out compensation to the injured employee.
After you’ve been injured in a work-related accident, you should first inform your employer about what happened. After that, it might be a good idea to consult with construction accident attorneys who can help you determine your next move.
Can You File a Lawsuit and Collect Worker’s Compensation?
You can’t file a personal injury lawsuit through the worker’s compensation system. That said, you may be able to file a lawsuit in certain circumstances. For instance, if your employer didn’t have proper worker’s compensation coverage that was required under the law, then that would be considered negligence. You’d be able to recover your rightful compensation by filing a personal injury lawsuit against your negligent employer.
Another potential situation could arise if your employer was intentionally violating safety measures or ordering employees to be in knowingly hazardous working conditions. If you believe your construction-related injury could be unique in that your employer was overly reckless, then it’s a good idea to speak with a construction work injury lawyer about what to do next.
Assessing Your Accident Case
When you get in touch with a construction worker injury lawyer, the first thing they’ll do is listen to your story. They’ll gather facts surrounding what happened, how serious your injuries are, and the extent of your losses. Your lawyer will likely ask more questions to learn more as they go about assessing your accident case. The right legal representation will help direct you on what to do next when it comes to handling your injuries and seeking out rightful compensation either through a worker’s compensation claim or a lawsuit.
Types of Damages Recoverable in Construction Accident Cases
There are two main types of damages you can recover through a worker’s compensation claim:
- medical expenses;
- partial coverage for lost wages.
When you file a lawsuit, you can recover damages in the form of medical expenses, lost wages, future medical costs, and pain and suffering. In general, compensation in both of these situations is meant to financially reimburse you but you won’t be able to collect more than what you actually lost.
Kermani LLP’s Approach to Construction Accident Cases
The construction site accident lawyers at Kermani LLP take a powerhouse approach to every case we handle. We don’t seek to resolve disputes as quickly as possible. Instead, we try to be as effective and efficient as possible. We put extensive effort into building up the strongest claim possible and prepare your claim as if it’s going to trial. By taking this approach, we tend to maximize the overall compensation award for the clients we serve.
How We Handle Your Construction Injury Case
Some construction site injury attorneys seek the easiest and fastest solution to resolve your situation, but here at Kermani LLP, our team will look to maximize your overall compensation by fully investigating the circumstances of your accident, your employer’s negligence, what type of insurance policy your employer has, and what your legal options are for recovery. If it applies to your situation, then we’ll also help you identify other potentially liable parties like a manufacturer of a defective product or a rental company that leased out a poorly maintained tool.
We will fully research the extent of your injuries and how they’ll impact your quality of life over time. At Kermani LLP, our personal injury attorneys personalize every case because we want to ensure every client gets justice in their situation.
Why Choose Kermani LLP for Your Construction Accident Claim?
When you’re seeking out the best construction accidents law firm to represent you, you’ll want to search for a firm that has the right experience, proven results, positive past reviews from former clients, and a team that’s passionate about helping their clients. Here at Kermani LLP, we’re confident that we exemplify all of these qualities and more.
A construction injury can be devastating not only for someone’s physical health but for their future financial well-being and their entire family’s stability as well. Here at Kermani LLP, construction injury attorneys are prepared to fully analyze your accident and the impact it has had on your overall quality of life. From there, Kermani LLP will help identify your options for financial recovery.
Schedule a meeting with our office now to get started.
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Frequently Asked Questions
What should I do immediately following a construction accident?
Immediately after experiencing a construction accident, report the incident to a supervisor or your employer. If your situation is an emergency, then don’t hesitate to contact 911. Otherwise, seek out medical care at your nearest hospital as soon as possible. Your employer will handle the next steps of clearing the accident scene, filing an accident report, and getting started on your worker’s compensation claim.
Are all construction accident cases eligible for worker’s compensation?
Most construction accidents should be eligible for worker’s compensation, but sometimes, employers do not have worker’s compensation insurance as required by law. In these cases, you won’t be able to obtain coverage through it.
How is liability determined in construction accident cases?
Worker’s compensation is a no-fault system, which means liability won’t be considered if you seek out compensation through an insurance policy. If you seek out a lawsuit, then liability will be determined after an investigation into the incident. Liability is determined on a case-by-case basis depending on the evidence produced in the investigation.
How can a construction accident attorney help with my case?
A construction accident attorney can help you get fully informed regarding your options and rights. A lawyer can help you build up a solid case that documents your losses, negotiate with the liable party, file your paperwork, and represent you if your claim goes to court.
How long do I have to file a construction accident claim?
For worker’s compensation claims, you need to report your injury within 30 days. For lawsuits, you generally have up to two years from the date of the accident to file a claim.
Can I claim compensation if I am a subcontractor or an independent contractor?
In general, an independent contractor or subcontractor who works for themselves is not covered by an employer’s worker’s compensation insurance policy. Often, the contractor is expected to purchase their own worker’s compensation policy to cover work-related incidents. That said, you may still be able to pursue compensation from your own worker’s compensation policy. Depending on the circumstances, you might also be able to pursue compensation from another liable party.
What evidence is crucial for a successful construction accident claim?
To pursue a successful worker’s compensation claim, you need to produce evidence that proves your injuries and your lost wages. You can use evidence like your medical diagnosis and previous pay stubs. Your employer should officially document the accident, which will prove your injuries happened at work. When you pursue a lawsuit, you’ll need to prove that the other party had a legal duty to provide for your care, that they failed to act with reasonable care, and that failure led to your accident and injuries. You’ll also need to provide evidence that proves your injuries and losses.
Can family members claim compensation in cases of fatal construction accidents?
Loved ones can pursue compensation after a construction work-related fatality through either worker’s compensation or a wrongful death claim.
Every case is unique, so we tailor our approach to meet your specific needs.
