Construction sites are dangerous environments with endless hazards that risk workers being injured in serious accidents. However, despite legal requirements for construction sites to have safeguards that reduce workers’ risk, many are injured or killed each year in construction accidents.
If you or someone you love has been injured in a construction accident, do not hesitate to contact Roden Law to find out if you may be entitled to compensation. Our construction accident attorneys understand the negative impact construction injuries can have on workers and their families. We will provide you with a free, no-obligation consultation to review your legal options.
All of our services are provided at no upfront cost and we only get paid if we recover the compensation you deserve. Our firm’s Founding Partner Eric Roden has dedicated his career to helping injury victims secure fair compensation for their injuries. There is no risk in contacting our construction accident attorneys to find out if you have legal options to pursue compensation.
Call 1-844-RESULTS to get started on your claim.
Types of Construction Accident Claims
If you are injured in a construction accident, you may be entitled to compensation for your injuries and financial losses. Our construction accident lawyers will review the cause of your injury and the type of claim that is appropriate for your situation.
There are several types of construction accident claims a victim may be entitled to pursue, including:
Workers’ Compensation Claim
If you are injured in a work-related construction accident, you may be entitled to receive compensation for your injury by filing a workers’ compensation claim. This type of claim can help you recover compensation for your medical bills and lost wages.
Because workers’ compensation is a no-fault insurance system, all workers are entitled to workers’ compensation for work-related injuries regardless of the cause of the injury. This means you do not need to prove someone else caused your injury to recover compensation.
Personal Injury Lawsuit
Although all injured workers are entitled to workers’ compensation, they are not all entitled to file a personal injury lawsuit. State workers’ compensation laws prevent employees from filing personal injury lawsuits against their employers for work-related injuries. However, injured workers may be able to file a lawsuit against a third party that caused their injury.
To bring a case against a third party, your construction accident lawyer will need to prove that the third party’s negligence caused your injuries. This will require your attorney to establish that four elements are present in your case:
- Duty of care: The at-fault party had a legal obligation to ensure your safety while on the construction site.
- Breach of duty: The at-fault party breached its legal obligation to ensure your safety by failing to act in a reasonably prudent and cautious manner.
- Causation: Your injury was directly caused by the at-fault party’s actions or inaction.
- Damages: You suffered damages as a result of the at-fault party’s breach of duty.
Product Liability Lawsuit
Construction sites often have several different types of heavy machinery and equipment that can pose a danger to workers if they are defective and do not work as intended. This can include defective scaffolding that collapses despite being put together properly or tools that do not work as intended and cause injury to the worker.
If you were injured by defective machinery or equipment, you may have a product liability case against the product’s manufacturer. These types of cases require proof that the manufacturer designed a defective product, made an error during the manufacturing of the product or failed to warn about dangers associated with the product.
Wrongful Death Lawsuit
Each year, more work-related deaths occur in the construction industry than in any other industry. In fact, 991 out of the 4,693 worker fatalities in 2016 were caused by construction accidents, according to the Occupational Health and Safety Administration (OSHA).
If you lost someone you love in a construction accident caused by another’s negligence, our construction accident attorneys will help you determine if you are entitled to file a wrongful death lawsuit against a third party responsible for the accident.
By filing a wrongful death lawsuit, you may be entitled to compensation for your loss of:
- Quality of life
- Financial support
However, only certain parties are entitled to file a wrongful death claim. If you believe you may be entitled to compensation after a construction accident, we will provide you with a free, no-obligation consultation to review your claim and determine if you have legal options.
Complete a Free Case Evaluation form.
Liable Parties in a Construction Accidents
Before you can file a third-party construction accident lawsuit, you will need to identify which party was liable for the accident.
Often, there are several parties involved in multiple stages of a construction project. Each one has a different set of responsibilities to ensure workers and visitors are safe and the site is free of any known hazards.
Our construction accident attorneys will review your claim to determine how the accident occurred. Depending on our findings, you may be entitled to file a case against any of the following parties:
Construction Site Owner
The owner of the construction site could potentially be held liable for a construction accident. However, this will depend on the overall level of control the owner had over the site. For instance, the owner of the construction site may not be liable if he or she surrendered control of the property to a contractor or construction company.
In this case, the possessor of the land may be liable for the injury or death of a worker or lawful visitor on the property. The possessor of the property has an obligation to ensure the safety of those on the site and inform them of any known risks or dangerous hazards located on the property.
General and Sub-General Contractors
If a contractor is in control of a construction site, he or she could be liable for the safety of any workers or other individuals on the site. This means the construction site should be reasonably safe and free from any known hazards.
Furthermore, the contractor in control of the site must meet OSHA’s construction site safety requirements to prevent an accident from occurring.
If a contractor fails to uphold these obligations, he or she could be held liable if someone is injured in a construction accident.
Typically, a prime contractor is only responsible for the work outlined in his or her contract. However, a prime contractor is responsible for any assignments he or she gives to a sub-contractor or worker under his or her control.
If a construction accident were to occur during a job overseen by a prime contractor, he or she could be held liable for any resulting injuries or fatalities.
Architects and Engineers
Architects and engineers have a duty to ensure their building or construction projects they are designing are safe and practical.
Often, a design professional’s contract outlines his or her legal obligations to the safety of the construction project or site, such as ensuring the finished design meets the proper safety codes.
If a construction accident were to occur because of a design flaw in the building or site layout, the architect or engineer could potentially be held liable for any resulting injury or death.
Manufacturers of Construction Machinery or Equipment
Manufacturers have an obligation to produce safe and effective equipment that does not harm users when operated correctly. If a construction worker is injured or killed by defective machinery or equipment, the manufacturer may be held liable.
Call 1-844-RESULTS to find out if you have a case.
Compensation for a Construction Accident
Often, construction accidents result in victims suffering serious injuries that require extensive medical treatment. The burden of paying your medical expenses may worsen if your injury prevents you from working and earning a wage.
However, with the help of a skilled construction accident attorney, you may be able to recover compensation for your injuries after the accident.
Although workers’ compensation is limited to reasonable medical expenses and lost wages, injured workers have the opportunity to recover additional types of compensation through a personal injury lawsuit, including:
- Past and future medical expenses
- Lost wages
- Loss of ability to earn an income
- Assistive medical equipment
- Cost for a caregiver
- Pain and suffering
- Loss of reputation
- Loss of enjoyment of life
Those who lost a loved one in a construction accident may also be entitled to additional compensation related to this loss, such as funeral expenses and loss of companionship.
Although you may be entitled to compensation through a personal injury lawsuit after being injured in a construction accident, your case’s value may be reduced if you are partially at fault for the accident.
In many states, comparative negligence is used to determine the amount of compensation a victim may be owed if he or she shares responsibility for his or her injuries. Under this rule, your actions will be examined and assigned a percentage that reflects the degree of negligence you displayed during the accident. Your compensation will then be reduced by whatever percentage you are assigned.
For example, a victim may file a $100,000 personal injury lawsuit after being injured in a construction accident caused by a negligent contractor. However, a court may find the victim also acted negligently at the time of the accident and determine he or she is 30 percent at fault. This means the value of the victim’s case will be reduced by 30 percent to a new maximum value of $70,000.
However, if a victim is found to bear too much fault, the victim may be barred from receiving compensation through a personal injury lawsuit.
If you believe you may be entitled to compensation for your construction accident, do not hesitate to contact Roden Law to discuss your claim. Our construction accident lawyers have the knowledge and experience you need to determine an accurate valuation of your case.
Complete a Free Case Evaluation form to get started.
Statute of Limitations for Construction Accident Lawsuits
Injured workers have a limited amount of time to pursue compensation for their injuries. Workplace injuries must be reported within a certain number of days. This will initiate the workers’ compensation claim process.
Those pursuing compensation through a personal injury, product liability or wrongful death lawsuit, must file a lawsuit against the at-fault party within a specific time frame called the “statute of limitations.”
It is imperative that you do not wait to file your lawsuit. If you attempt to pursue legal action against the at-fault party outside of the statute of limitations, you will be barred from obtaining compensation.
For this reason, you should consult with a construction accident lawyer as soon as possible to discuss your claim. An attorney will be able to help you decide if you have a case and where you currently stand within the statute of limitations.
Call 1-844-RESULTS to contact a construction accident attorney.
Common Types of Construction Accidents
OSHA estimates that out of 4,693 worker fatalities in private industries during 2016, one in five workers were killed in construction-related accidents.
OSHA attributes the majority of construction-related deaths to a group of accidents called the “Fatal Four.” Of the 991 work-related deaths that occurred in the construction industry during 2016, 63.7 percent were caused by Fatal Four accidents. These include:
- Falls: 384 deaths (38.7 percent)
- Struck by object: 93 (9.4 percent)
- Electrocution: 82 (8.3 percent)
- Caught-in/between: 72 (7.3 percent)
Additional causes of construction-related injuries can include:
- Slips and falls
- Forklift accidents
- Fires and explosions
- Machinery or equipment accidents
- Being struck by a vehicle
- Trench collapse
If you were injured or lost a loved one in a construction accident, it may be in your best interest to seek qualified legal representation for your case. A seasoned construction accident lawyer will work to help you understand your rights after an accident and whether you may be entitled compensation for your injuries.
Complete a Free Case Evaluation form today.
Common Construction Accident Injuries
Each year, approximately 150,000 workers are injured in construction accidents that occur on construction sites and building projects, according to the Bureau of Labor Statistics.
Because of the various types of construction accidents, victims may suffer a wide range of injuries, including:
- Eye injuries, including vision impairment or blindness
- Spinal cord injury
- Neck, shoulder or back injury
- Broken bones
- Head injury
- Traumatic brain injury
- Repetitive motion injuries
- Illness caused by toxic chemical exposure
- Knee and ankle injury
If you were injured in a construction accident, you should immediately seek medical attention. Often, construction accidents result in serious injuries that can worsen if left untreated. Additionally, several types of injuries have hidden or delayed symptoms that are not apparent when first acquired and may take days or weeks for the injury to become noticeable. Because of this, you should always consult with a health care provider as soon as possible after a construction accident.
Once your injuries have been treated, you should contact a construction accident attorney to discuss your claim. He or she will review the accident to find out if you have a case that entitles you to compensation.
To get started on your claim, call 1-844-RESULTS.
Contact a Construction Accident Lawyer
If you believe you were injured by a negligent third party on a construction site, contact Roden Law’s accomplished construction accident attorneys as soon as you are able. We will provide you with a free, no-obligation consultation to discuss your legal options.
Our construction accident lawyers work only on a contingency fee basis. This means all of our services are provided at no upfront cost and we will only get paid if we help you win compensation for your case. There is no risk in scheduling a free consultation to find out if you have legal options after a construction accident.