If you are a construction worker, you run a high risk of being injured on the job. What’s more, if you have been in an accident at a construction site, you are likely confronted, and maybe overwhelmed, with a lot of medical and financial issues. You might wonder if you should seek an attorney to file a legal claim.
The answer is both yes and no. However, the answer is frequently yes, as you would want to make sure that you receive the fairest possible compensation and protect yourself from being coerced into a settlement by your employer’s insurance company.
In a majority of cases, an injury claim stemming from a work-related injury will be restricted by workers’ compensation laws. Nonetheless, you might be able to seek compensation from a third party, such as a manufacturer of a defective tool. For a third party claim, the limitations of workers’ compensation laws may not apply. This means you could receive substantially more financial compensation.
Be aware that if a representative of your employer or an insurance company approaches you with a settlement offer, do not sign it without first meeting with an attorney. The settlement might not be in your best interest, especially if you have more injuries or financial losses that are not accounted for in the offer.
Types of Accidents
Typically, construction accident claims are associated with negligence or carelessness. Serious injuries at a construction venue may be a result of the following:
Falls: On the job sites require workers to be suspended at high elevations. The owners and general contractors bear the responsibility of ensuring safety by installing guardrails or other protective safeguards to prevent serious injury or death from taking place as a result of a fall.
Falling Objects: It is quite common for construction workers to be injured by falling debris, scaffolding, cranes or crane loads, tools and equipment, ladders, or other workers.
Dangerous or Defective Equipment: Construction workers can be at great risk when using defective tools and equipment as a result of poor design or manufacturing.
Negligence in Hiring, Training, or Monitoring Workers: All too often, contractors will hire workers without ensuring they have adequate training or the right qualifications to operate machinery or perform specific tasks. Other times, contractors will fail to supervise workers to be sure they are not participating in potentially dangerous activities.
Motor Vehicle Accidents: There are plenty of construction sites that have many large vehicles coming in and out, so pathways should all be clearly designated to avoid serious injuries.
How an Attorney Could Help Your Construction Accident Case
An attorney can show you the proper procedures for filing an injury claim. For example, legal counsel will help you in filing a civil suit and explain to you what legal theories are involved to bring the legal action. They can also assist you with a workers’ compensation claim, if relevant.
A skilled construction accident attorney will help you recover losses that come as a result of your accident at work, and drastically reduce the amount of paperwork and hassle related to your possible insurance. In addition, your attorney will make it easier for you to file a legal claim.
An expert construction accident attorney will also assist you in seeking compensation to cover any losses sustained during an accident. These include medical expenses, lost wages, and future medical needs. What’s more, your lawyer can help you and your loved ones when a family member is killed on a construction project in what is known as a wrongful death suit.
When To Contact a Construction Accident Attorney
If you have been injured at a construction site, you should contact a construction accident attorney as soon as you can so you can receive the fairest and just compensation. It is ideal to contact a lawyer within a week or so of the accident as you might have to cover medical expenses and lost wages. You do have four years to file a legal claim. However, the longer you delay, the more difficult it will be to prove your case.
You also will want to contact an attorney prior to signing any settlement offers proposed to you by an employer representative or an insurance company. You want to be certain to account for all injuries and financial losses.
Questions to Ask a Construction Accident Attorney
Our attorneys at Roberts Jones Law offer free, short consultations to determine whether to take your case. Prior to meeting with one of our attorneys, it is a good idea to have as much detailed information and facts about your construction accident, as well as your injuries and financial losses, as possible.
Bring your employment contract or other relevant paperwork, and any pertinent pictures of the scene or your injuries. Other items to bring to legal counsel include medical records, any record of days you missed from work, etc. These documents will help your attorney evaluate the merit of your case.
You want to confer with an experienced construction accident attorney who is fluent in the relevant state and federal workplace safety, transportation, negligence, or product liability laws. You also want your lawyer knowledgeable about how to deal with workers’ comp, as well as insurance and health care companies. Ultimately, your attorney should know how to effectively prepare and settle a case.
Here are some preliminary questions designed to get you acquainted with your attorney and his or her experience:
- How long have you been practicing law? How long with construction accident cases?
- What percentage of your practice is dedicated to construction accident cases? How many construction accident cases have you handled? How frequently have they settled? Gone through litigation?
- What is a usual settlement range for cases like mine?
- What is your fee structure? What out-of-pocket expenses am I responsible for?
These cases can be taken on contingency, which means if you do not win, your lawyer receives nothing. However, if you win your case, you owe a certain amount, such as
30 percent to 40 percent, to your lawyer.
- Do you have any professional references?
Roberts Jones Law Is Here To Serve Your Legal Needs
The Roberts Jones personal injury attorneys have your back. With the help of one of our experienced personal injury lawyers, justice will be served.
If you have been injured as a result of someone’s carelessness, breach of duty of care, or deliberate act, you have rights under the law to seek compensation for your damages. Roberts Jones Law will provide you with the guidance, care, and support needed to secure the compensation that you deserve.
This article is for informational purposes only and does not contain legal advice.