Construction is considered one of the most dangerous occupations to work in because when accidents happen, the injuries sustained can be life-threatening. If you or a family member has been injured in a construction-related accident, we recommend that you seek legal representation as soon as possible.
At Jay Trucks & Associates, we are aware of the challenges injury victims and their families often face following a serious injury. Our firm has over 30 years of experience recovering millions in compensation for Michigan residents. This includes a $415,000 recovery for a construction worker who suffered a severe knee injury and a $225,000 recovery for a construction worker who sustained a closed head injury.
Learn more about how we may be able to help in a free consultation. There is no risk or obligation to pursue a claim. We offer our services on contingency, so there are no upfront charges unless we obtain compensation for you.
We are available 24/7. (800) 762-8623.
Am I Eligible to File a Case?
We strongly encourage you to consult with an experienced lawyer to discuss your construction accident and potential legal options. Our Traverse City construction accident lawyers have in-depth knowledge of the laws affecting these cases and are prepared to assess whether you may be eligible to take legal action.
When you meet with our legal team, several things may be taken in consideration:
- The location where the accident happened
- The condition of the construction site
- The equipment or machinery used on the site
- All parties in control of the site and equipment used
- The employer or third-party you work for
Free Consultation. No upfront fees. Ph: (800) 762-8623.
What is My Construction Accident Case Worth?
This will depend on a number of factors unique to your situation, such as the extent of your injuries, medical treatment required, or will continue to require in the future, and your anticipated recovery time.
You may be able to pursue compensation through one of the following legal avenues:
Workers’ Compensation Claim
Michigan employers are required to have workers’ compensation insurance if they have more than three employees or one employee working at least 35 hours per week. Workers’ compensation pays for medical expenses and a portion of lost wages to employees who sustain a partial or total disability. In a workers’ compensation claim, our lawyers do not need to prove negligence, only that you suffered a work injury.
Personal Injury Claim
If your employer carries workers’ compensation insurance, you cannot sue him or her for any damages sustained in a workplace accident. However, if you are injured by a third party, you may have grounds to file a personal injury claim. In these claims, our lawyers need to prove that your injuries were due to negligence.
The third party must have owed you a duty of care to prevent harm, breached this duty by failing to act as a reasonable person would have in a similar situation, which resulted in your injuries and other damages.
Wrongful Death Claim
When a worker dies 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. Certain surviving family members could be compensated for medical expenses their loved one incurred, funeral and burial costs, and pain and suffering.
How Can a Lawyer Help Me?
Hiring a lawyer after suffering a construction accident injury can be an important part of the recovery process. Generally, victims who hire legal help obtain more compensation than those who do not.
Should you have a case, we are prepared to conduct a thorough investigation into what happened and collect supportive evidence to build a strong case for compensation. This could include accident reports, medical records, photographic evidence of the scene and your injuries, witness statements and expert testimony.
Our lawyers are also prepared to manage every step of the legal process for you, including filing legal documents, communicating with the insurance companies, negotiating for fair compensation, appealing a denied claim, or going to trial, if necessary. We work hard to pursue maximum compensation for our clients.
Contact Jay Trucks & Associates to discuss potential legal options. (800) 762-8623.
Deadlines for Pursuing Compensation
There are different standard deadlines for a construction accident claim. A workers’ compensation claim must generally be filed within two years from the date of the injury. The statute of limitations for personal injury claims is usually three years from the date of the accident. The deadline for a wrongful death claim is also three years from the date of the deceased person’s death.
There could be exceptions to these deadlines, depending on your particular circumstances. Sometimes claims must be filed before or after these deadlines. Failure to file will likely result in a court dismissal, which is why it is important that you reach out to a Traverse City construction site injury lawyer for help with your claim.
Liability for a Construction Accident
Multiple parties could potentially be held liable for a construction accident injury. These parties include:
- Construction site owners – Owners have control over a construction site and could be held liable for injuries caused by any hazards they knew or should have reasonably known about.
- General contractors – They have a legal duty to ensure a site is safe and to warn workers of hazards.
- Subcontractors – Subcontractors also have an obligation to ensure that tasks under their control and/or supervision is being performed properly and safely.
- Engineers and architects – They are responsible for ensuring that their designs comply with state and federal safety standards or else could face liability for faulty building construction.
- Construction site managers –Managers have an obligation to adequately hire licensed workers and train employees effectively to ensure that they are meeting safety regulations.
- Manufacturers and suppliers – They have a legal duty to ensure that any construction machinery or equipment is not defectively designed or manufactured.
Who Regulates Construction Site Safety?
The construction industry is regulated at the federal level by the Occupational Safety and Health Administration (OSHA), which is under the U.S. Department of Labor. The OSHA helped establish safety and health standards for the construction industry and outlines the leading hazards at constructions sites:
- Falls from heights
- Stairways and ladders
- Trenching and excavation
- Motor vehicle safety/highway work zones
Michigan Occupational Safety and Health Administration (MIOSHA) regulates the construction industry at the state level, which is under the Department of Labor and Economic Opportunity. MIOSHA initiatives include setting and enforcing occupational safety and health standards, providing extensive training and education on staying safe and healthy, and developing innovative programs to prevent workplace hazards.
Other common construction accidents include:
- Falling objects
- Machinery accidents
- Slip and fall accidents
- Caught in-between objects
A qualified Traverse City construction site accident lawyer from our firm is ready to evaluate your situation and discuss your potential legal options during a free consultation. There is no risk in calling us.
Reporting an Injury at Work
If you have suffered a work-related injury, we recommend reporting it to your employer as soon as possible. Michigan requires workplace injuries to be reported to employers within 90 days. If you miss the deadline, your claim may be denied.
Your employer is also responsible for filing a basic injury form with the Bureau of Workers' Disability Compensation. Should he or she dispute your injuries, you can file a claim directly with the bureau.
It is important that you seek immediate medical attention. A doctor can assess your injuries, provide a treatment plan, and be able to link your injuries to the accident. Having medical records makes it harder for an employer or workers’ compensation insurer to argue that your injuries are pre-existing or occurred outside of the workplace.
If possible, take pictures of the accident scene, any visible injuries, property damage, hazardous conditions at the site, and anything deemed relevant. Obtain statements and contact information from witnesses present at the time of your accident and keep a consistent injury journal of your daily pain and suffering.
Am I Allowed To Use My Doctor For Treatment?
This is dependent on whether your employer has workers’ compensation insurance or private insurance. Workers can generally see their own doctor for treatment in a private insurance situation but for workers’ compensation, your employer may require you to see his or her preferred doctor.
In Michigan, this means you must see the workers’ compensator doctor for the first 28 days of treatment. Afterward, you may be able to see your own doctor once your employer and its insurer have been notified of the change.
Do not miss out on the compensation you need. Contact our Traverse City construction injury lawyers today.
What to Do if My Employer Disputes My Injury?
Certain allegations an employer can make when disputing an injury at work could include:
- You were off-duty when the injury happened
- You were under the influence of drugs or alcohol
- You were fighting with a coworker when injured
- You were harmed doing something unrelated to your job
If this happens, you have certain legal rights. Our legal team is prepared to help appeal a denied claim on your behalf. We will not stop until we pursue maximum compensation for the injuries and damages suffered.
Call Our Traverse City Construction Accident Lawyers
If you or a loved one has been injured at a construction site, we encourage you to reach out to our Traverse City construction accident lawyers at Jay Trucks & Associates to determine if you may pursue compensation.
We have achieved over $500 million in compensation for our clients across Michigan state. Gives us a call anytime, 24 hours a day, seven days a week. Our consultations are free and there are no upfront fees for our legal services. Our firm only obtains payment if we successfully help you obtain a recovery.
Call (800) 762-8623. We look forward to helping you.