Construction Accident? Secure the Compensation You Deserve

Construction Accident? Secure the Compensation You Deserve

As a construction worker, you put your health and safety on the line every single day. The harsh reality is that construction accident injuries are far too common - in fact, one in ten construction workers is injured annually in the United States according to OSHA statistics.

Therefore, in the event of an on-site accident, it's crucial to understand your rights and take the necessary steps to secure the compensation you deserve for construction-related injuries.

This comprehensive guide will walk you through the process, from understanding your legal entitlements to maximizing your settlement with the right attorney.

Understanding Your Rights After a Construction Accident

Construction is one of the most dangerous industries, but you have rights as a worker that protect you if you suffer an injury. As we delve into understanding the impacts of construction accidents, it's essential to examine the broader landscape of occupational injuries.

Take a look at the below chart showcasing the distribution of fatal occupational injuries by age group.

fatal occupational injuries by age group.

First and foremost, you are likely entitled to workers' compensation construction benefits from your employer's insurance. These legally-required benefits cover:

  • Medical expenses for injury treatment
  • A portion of lost wages during recovery
  • Costs related to rehabilitation or disability

Beyond workers' comp, you may also have grounds to file a personal injury lawsuit to seek compensation for "non-economic" damages like pain and suffering. However, this option depends on the circumstances of your accident.

It's essential to fully understand your rights and entitlements. Being well-informed from the start can mean the difference between a low-ball payout and the maximum compensation you deserve.

You were working on a construction project in Myrtle Beach, SC, and got seriously hurt. In such circumstances, your rights as a worker with injury become paramount. Your employer should cover your medical bills and compensate you for any lost wages. You might also get extra money for pain and suffering.  The guidance of an experienced personal injury lawyer in Myrtle Beach would be invaluable. After all, they can adeptly navigate the intricacies of state laws and workers' comp regulations, ensuring that you receive every entitlement and protection under the law.

"Construction workers make up only 5% of New York City's total workforce but account for 27% of work-related deaths."- NYC Vital Signs

Types of Compensation Available After a Construction Injury

If you sustain an injury on a construction site, there are several potential sources of compensation:

Workers' Compensation Benefits

All employers are required to carry workers' compensation insurance to cover employee injuries. These workers' comp benefits for construction workers typically include:

  • Payment of medical bills related to the injury
  • Monetary benefits for a portion of lost wages
  • Coverage for rehabilitation or disability costs

Personal Injury Damages

You may be eligible to file a personal injury lawsuit against a negligent third party like a subcontractor or equipment manufacturer. Personal injury claims in construction can provide compensation for:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Future lost income

Third-Party Lawsuits

In some cases where negligence is the cause, you can file a third-party liability in construction accidents lawsuit against a party other than your employer, such as:

  • The property owner
  • A sub-contractor
  • The manufacturer of defective equipment

The compensation awarded in such cases can exceed the coverage provided by workers' comp.

Comparison of Compensation Types

Here is a comparison of the different types of construction accident compensation you may be eligible for:

Comparison table

As the table shows, securing construction accident compensation beyond basic workers' comp benefits can dramatically increase your net recovery.

Steps to Take Immediately Following an Accident

If you ever sustain an injury on a construction site, your immediate actions following the accident are crucial. The sooner you take these steps, the easier it will be to file a construction accident claims process and get your case underway:

  • Seek medical attention immediately, even if the injury seems minor. Many injuries like head trauma have delayed symptoms.
  • Report the incident to your supervisor or employer promptly. There are strict windows to officially report injuries under workers' comp laws.
  • Document everything thoroughly. Take photos of the accident scene and your injuries. Get contact information from any witnesses. Request copies of incident reports and medical evaluation records.
  • Notify your union representative or employee rights group to understand your options and responsibilities in filing claims.

The evidence and documentation you gather will be crucial for substantiating any insurance claims for the construction accident and securing appropriate compensation.

Common Mistakes That Can Derail Your Compensation

Construction accident cases are intricate, often fraught with potential pitfalls and missed opportunities. Some of the biggest mistakes that can sink your chances of a fair settlement include:

  • Waiting too long to take action. There are strict statutes of limitations for filing a construction accident lawsuit, so you must act quickly.
  • Underestimating the severity of your injuries. Injuries that may seem minor could have long-lasting impacts. Therefore, it's important to consult doctors to assess the full extent of your injuries.
  • Making recorded statements too early. Anything you say could be used to limit liability, so be very cautious before providing details.
  • Accepting the first settlement offered. Initial payouts from insurers are often lowball offers. An attorney will fight for maximum value.

The key is staying vigilant and proactive to avoid missteps that diminish or eliminate the construction accident compensation you're owed.

Hiring the Right Attorney for Your Case

Due to the complexities and high stakes, working with an experienced construction injury lawyer is highly advisable if you've been hurt on a job site. The right legal representation will:

  • Investigate to determine all sources of liability and compensation
  • Handle all construction accident insurance claims processes
  • Negotiate aggressively to maximize your total settlement
  • Take your case to trial if needed to get a just outcome

When evaluating potential legal representation, look for lawyers who specialize in construction injuries and have a proven track record of settlements and verdicts. Top qualifications include:

  • Tenured experience handling construction site cases
  • Positive client reviews and testimonials
  • Willingness to take cases to trial if negotiation fails
  • Record of multi-million dollar settlements/awards

Your choice of legal counsel can be the biggest factor in securing the construction accident compensation you deserve.

FAQs About Construction Accident Claims

What is the statute of limitations for filing a construction accident claim?

The statute of limitations varies by state but is generally 2-3 years for personal injury claims and 30-90 days for workers' comp claims. Consulting an attorney immediately is crucial so you don't miss any deadlines.

Can I get compensation if I was partially at fault?

Even if you contributed to causing the accident through negligence, you may still recover damages through third-party liability in construction accident claims depending on your state's laws regarding contributory/comparative negligence.

What should I do if my workers' comp claim is denied?

Don't get discouraged - with the right evidence and an experienced attorney, you have options to appeal the denial through the workers' comp commission process and potentially take additional legal action.

Don't Let Your Rights Slip Through the Cracks

Sustaining an injury on a construction site is a traumatic experience that can derail your life both physically and financially. But you don't have to struggle alone or accept low compensation offers.

Follow the steps below.

  1. Act Fast: Report the incident promptly and document everything to build a strong case.
  2. Understand Your Rights: You may be entitled to workers' comp, personal injury damages, and third-party claims.
  3. Avoid Costly Mistakes: Don't accept low offers or make statements that could hurt your claim.
  4. Get Elite Legal Representation: An expert construction accident lawyer maximizes your compensation.

When your livelihood is at stake, having the right advocate on your side is priceless. Get the justice and support you need by contacting a proven construction accident lawyer today.

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