Workplace accidents can occur in any job but are more likely at construction sites where workers constantly do dangerous tasks, like operate heavy equipment, remove debris, load and unload building materials, or work on scaffolds. If you or a loved one were injured while working on a construction site, you need an experienced lawyer on your side.
The Clare construction accident lawyers at Jay Trucks & Associates have helped many injury victims, obtaining over $500 million in compensation on their behalf, including injured construction workers. This includes $415,000 for a construction worker who sustained a severe left knee injury and $225,000 for another worker who sustained a closed head injury in a construction-related accident.
Let us discuss your potential legal options in a free consultation. No risks or obligations involved. Our firm operates on a contingency fee basis, so we do not receive payment unless you obtain compensation.
Free Consultation. Ph: (800) 762-8623.
Do I Have a Viable Case for Compensation?
If you are unsure if you may have a case, we recommend reaching out to a legal professional to review your situation and determine whether you could be eligible to seek compensation for your injury and other damages.
Our legal team is well-versed in state and federal laws that affect these types of cases and how they may apply to your circumstances. When meeting with a Clare construction accident lawyer, he or she will consider certain factors to see if you may have a viable case, which may include:
- The location where the accident happened
- Working conditions on the construction site at the time of injury
- Types of heavy construction equipment being used
- Individuals or entities whose duty it is to monitor the site and maintain equipment
- Name of employer or third-party (general contractor, subcontractor, etc.) you worked for
Learn more about your legal options in a free case evaluation. Jay Trucks & Associates. Ph: (800) 762-8623.
Potential Liable Parties in A Construction Accident
Construction accident cases can be challenging because multiple parties could be liable for your injury, like:
- Construction site owners – The individual who owns the land where construction work is being performed and controls worksite conditions could be held liable for any injuries caused by hazards on the property he or she knew or should have known about.
- Contractors and sub-contractors – Contractors have a legal duty to ensure that tasks are being performed safely. This includes hiring competent employees and training them to properly perform these tasks in compliance with safety regulations.
- Equipment manufacturers and suppliers – Manufacturers and suppliers have a legal duty to design and manufacture equipment that meets safety standards. When a manufacturing or design defect leads to an injury, the company responsible could be held liable.
- Engineers and architects – These individuals are responsible for the overall safety of a construction project. When a design flaw causes an accident, they could face liability claims.
Many parties involved in a construction project are required to carry liability insurance. This coverage could help cover your damages and is important to consider in any construction accident case.
Safety Regulation in the Construction Industry
Our lawyers are also prepared to review safety regulations to determine if violations contributed to your accident and resulting injuries.
On the federal level, the Occupational Health and Safety Administration (OSHA) establishes safety standards for work sites while on the state level, the Michigan Occupational Safety and Health Administration (MIOSHA) enforces occupational safety and health standards.
For instance, OSHA has various regulations on scaffolding, stairways, fall protection and ladders, including covering floor holes, keeping scaffolds at least 10 feet from electric power lines and following load limits when on ladders.
What is the Value of My Construction Accident Case?
The award amount you may be eligible to receive is dependent on your injuries, medical treatment and expected recovery date, among other factors.
Fortunately, injured construction workers may have several options when it comes to pursuing compensation:
Workers’ Compensation Claims
Michigan employers with three or more employees or at least one employee working a minimum of 35 hours per week are required to carry workers’ compensation insurance. This coverage takes care of medical expenses and loss of wages due to a partial or total disability. In these claims, proving negligence is not required. You only need evidence your injury was work-related.
Personal Injury Claims
Receiving workers’ compensation typically means you do not have the right to sue an employer for an injury. However, if a third party was responsible for the construction accident that led to your injuries, you may be able to file a personal injury claim against him or her for additional compensation. Our lawyers are well-versed in these claims and are ready to help prove that a third party was negligent or intentionally caused harm.
Wrongful Death Claims
If a worker dies from injuries in a construction accident, the personal representative of the deceased person’s estate may be able to file a wrongful death claim on his or her behalf. Compensation for eligible family members could include reasonable hospital, medical, funeral and burial expenses, lost wages and income your loved one would have earned if still alive, and pain and suffering you have endured since the death.
Other options include filing a product liability claim if a defective product caused your construction accident injury, or a premises liability claim if the owner of the construction site failed to address known hazards on the property. In any of the above scenarios, a qualified Clare construction accident lawyer is prepared to help guide you throughout the legal process. Our consultations are free and there is no obligation to hire us.
What to Do If Injured in a Construction Accident
After a construction accident, there are things you can do to protect yourself and help preserve your potential legal claim. These include:
- Getting medical attention – A doctor will be able to assess the extent of your injuries and provide a treatment plan for recovery. Failure to receive prompt medical care for an injury can not only put your health at risk, but it could also hurt your ability to receive compensation for your medical bills.
- Reporting the work injury – It is important to report the injury to your employer as soon as possible. Michigan requires injured workers to report work-related injuries to an employer within 90 days. Delaying or failing to act within the deadline could result in your claim being dismissed.
- Gathering contact details – Be sure to get the names and contact information from anyone who may have witnessed the accident, that way your lawyer can follow-up with them.
- Preserving evidence – If it is possible, try to take pictures of the accident scene, your visible injuries, equipment or machinery involved, and any conditions that caused or contributed to the incident.
- Seeking legal representation – A lawyer with knowledge and experience handling these cases could be beneficial in validating your claim and building a strong argument on your behalf. Unlike insurance companies, our Clare construction accident attorneys are ready to work hard to protect your best interests and seek maximum compensation.
What Happens if My Employer Disputes My Injury?
There are many reasons an employer may dispute the validity of your claim. For example, in a workers’ compensation claim, your employer may cite various reasons your claim was denied:
- Missed deadline for notifying your employer or filing a claim
- You were intoxicated when the accident happened
- You were fighting with a coworker or engaged in some type of horseplay, so your injury was not work-related
- You were off duty at the time of the accident
In a lawsuit, your employer may say you are suffering from a pre-existing injury that was not caused by your job. However, you may be able to obtain compensation for the aggravation of a pre-existing injury.
Can I Be Treated by My Usual Doctor?
This will depend on whether your employer carries workers’ compensation insurance. If your employer has another form of insurance, you may be able to obtain treatment for a work injury from your usual doctor.
Otherwise, you may be required by your employer to be treated by his or her preferred doctor for the first 28 days. This includes all reasonable and necessary medical care for injuries arising out of and in the course of employment. After 28 days, you may choose your own doctor once your employer has been informed.
Causes of Construction Site Accidents
There are many ways a worker can be injured in a construction accident. According to the OSHA, the four most common reasons for construction-related fatalities include:
- Falls from scaffolding, ladders, equipment and other heights
- Getting struck by moving or falling objects or machinery
- Being caught in-between heavy equipment or machinery
- Electrocutions from contact with exposed wiring or power lines
Other common causes of construction accidents include:
- Trench collapses
- Falling debris or equipment
- Slip and falls on uneven surfaces
- Fires and explosions
- Vehicle accidents
- Toxic or hazardous spills and leaks
- Machinery malfunctions
Construction workers can suffer traumatic brain injuries, burn injuries, spinal cord injuries, broken limbs, and other catastrophic injuries resulting in temporary or permanent disabilities.
Contact a Clare Construction Accident Lawyer Today
Being injured in a construction accident can take a financial, physical and emotional toll on victims and their loved ones. Getting in touch with a licensed lawyer is an important step, as he or she may be able to recover compensation. At Jay Trucks and Associates, we have obtained millions in compensation for our clients.
We welcome the opportunity to review your situation in a free legal consultation. There are no upfront fees for our services unless we are successful in obtaining compensation through a settlement or verdict.
Contact our offices anytime at (800) 762-8623.