If you’ve been injured in a construction accident, you’re probably eager to move on with your life and start feeling better as soon as possible.
It’s important, however, to know your rights in this situation.
Construction accidents are usually caused by negligence on the part of the contractor or subcontractor, so you might be entitled to compensation through a lawsuit.
To help you figure out if this is the right route for you, read on to learn more about construction accident lawsuits and your legal rights.
What kind of compensation is available to a construction accident victim?
Construction accidents are a leading cause of serious injuries and deaths. Those who work in construction often face an increased risk of injury because they work with heavy machinery, climb on ladders, and walk on uneven surfaces.
Injuries can range from broken bones to death depending on the severity of the accident.
As a result, construction employees need to understand what protections they have in case they’re injured while working on a job site.
Injuries suffered as a result of workplace accidents are often very costly due to missed wages and mounting medical bills.
In some cases, workers may not be able to return to their jobs after suffering from severe injuries or disabilities so it’s important that those who’ve been injured know what compensation is available in order to help alleviate financial burdens during recovery.
Who should be liable in a construction accident?
In most cases, the general contractor will be liable for all injuries and damages sustained by workers.
This is because of the Contractor’s risk liability law which dictates that all contractors involved in a construction project are responsible for preventing injury to any worker on site.
There are exceptions to this rule, however. In some instances, other entities may be held responsible when an injury occurs.
These parties could include subcontractors, rental companies, and more. If you’ve been injured in a construction accident and want to know who should be liable in your lawsuit contact Martino Mccabe Law Firm for more information on this topic.
Do I need a lawsuit?
A construction accident lawsuit generally requires a plaintiff to show how their injury was related to the workplace.
There are three scenarios when this type of incident will be covered by workers’ compensation law, and it is important for any potential claimant to know them in order to take the correct action.
This means that for a lawsuit to be valid, there has to be some act or omission by an individual or company that caused a person’s injuries.
A claimant must also have been qualified as a worker and engaged in employment with his employer at the time of injury.
Additionally, you must have been working within the scope of your employment when the injury occurred.
Why do I need an attorney?
Timing is key when filing a claim for your construction accident. If you wait too long, you might lose the opportunity to recover compensation for injuries sustained on the job.
Hiring a personal injury attorney is the best way to start the legal process, as they understand the law and rights of citizen.
Construction accident cases are filed under the Federal Longshore and Harbor Workers’ Compensation Act, or LHWCA.
This law sets a deadline for filing these claims of two years after the injury or illness occurred or five years after being exposed to hazardous materials on the job.
Those injured while working on a public works project have even shorter deadlines of 180 days after their injury or illness to file suit, as well as 120 days following their exposure to hazardous substances at work in order to file suit against those responsible.
What damages are compensable in a construction accident lawsuit?
The National Council on Compensation Insurance, Inc. lists the following five potential compensable damages in a construction accident lawsuit: medical expenses, loss of wages, cost of care (in a nursing home), funeral expenses, and pain and suffering.
Medical Expenses – Medical expenses can include hospital bills and outpatient treatment such as physical therapy or rehabilitation.
Loss of Wages – The amount of wages that were lost due to the injury will be determined by how long the employee was out of work before they were able to return to work.
In addition, certain injuries may require workers compensation coverage which will also compensate for lost wages.
Steps To Follow
If you or a loved one is involved in a construction accident, it’s important to know your rights and how to protect them.
First and foremost, know that you should never try to fix the injury yourself or say anything about the accident until you’ve spoken with an attorney.
Secondly, if possible, find out who owns the site and who was responsible for the work on-site when the accident occurred.
Then, ask any of your coworkers on-site if they saw what happened and keep an eye out for other potential witnesses.
Lastly, don’t let anyone pressure you into agreeing to sign something you don’t want to do or can’t understand.