Construction workers do some of the most difficult and important work across the country. This work does not come without risk. Falling objects, unstable ground, defective equipment, and toxic exposure are just a few hazards that can create accidents and cause injury to workers on construction sites.
In these cases, there may be one or more options to seek the recovery you need to sustain your financial security. In some cases, injury victims may be limited to filing a claim with their employer’s Workers’ Compensation insurance provider. However, if the opportunity exists to pursue a personal injury lawsuit, this may provide an expanded opportunity for monetary recovery.
To discuss your case and how best to deal with getting you fairly compensated after your accident, reach out to the experienced construction injury lawyers at Wruck Paupore today at (219) 322-1166. We offer free case assessments to injury victims who need legal information.
Construction sites consist of many potential dangers. These dangers are amplified when people are careless in their work. These shortcomings could be attributed to the site manager, coworker, employer, or a third party, such as a manufacturer or subcontractor. Below are some of the leading causes of injuries on construction sites.
Incidents where people are struck by items falling from heights rank among the leading causes of negligent injury throughout the country every year. This is a particularly significant issue on construction sites, where tools, equipment, and materials may not be secured appropriately if used on ladders or scaffolding.
Construction sites often utilize temporary flooring or stairs to facilitate the workers getting to the locations they need to. Even though this ground is only temporary, it is still necessary to make sure that it is safe for use. If there are hazards that cannot be cured, the operator must indicate to both workers and others who may walk through the area where the ground is unstable and use caution.
Construction work often includes moving heavy materials or equipment from one place to another. The site operator should provide safe options and training for workers who frequently must carry heavy loads on site. Even still, the force that lifting heavy objects can put on a person’s body can cause muscle strains, stress fractures, or back injuries. Workers may also exacerbate preexisting conditions, which may be compensable through your employer’s Workers’ Compensation despite the original injury occurring earlier.
Construction equipment and machinery manufacturers have a legal duty to make products free of defects that could foreseeably cause harm in case of malfunction. This is because workers who rely on their equipment working as intended can sustain serious injuries if the equipment were to malfunction. Construction equipment leasing companies owe similar duties, so it may help to discuss your case with a construction injury lawyer to help you determine who is liable for your injuries.
Construction site operators will often contract with scaffolding companies to provide the structures that allow them to do their work effectively. However, effective scaffolding must be built, installed, and maintained properly to prevent catastrophic failure. If scaffolding were to shift or collapse while workers are using it, the resulting injuries could be severe.
Construction projects on older buildings or industrial facilities can often reveal dangerous chemicals or other substances such as asbestos. These can cause workers to contract serious illnesses that may result in long-term or even indefinite disabilities. If you were recently diagnosed with an illness that you believe may be connected to your work on a construction site, learn more about your potential recovery from your construction injury attorney.
If you were recently injured on a construction site, there are a number of options available that you should consider when attempting to recover compensation.
If you were an innocent bystander or pedestrian, you likely have the ability to file a lawsuit against the parties responsible, regardless of your relationship to them. However, if you were working as an employee on the construction site, you will have to pay careful attention to your state’s laws on remedies.
Some jurisdictions make Workers’ Compensation insurance the exclusive remedy for workplace injuries whether there was no fault involved or where the employer’s negligence was to blame. Workers’ Compensation is a viable source of some monetary relief for employees struggling with the ramifications of their injuries. However, it often only provides a small fraction of the compensation you require, such as limited wage loss replacement and medical coverage. It typically does not provide meaningful compensation for the non-economic harms that the injured worker sustained, such as personal pain and suffering and loss of enjoyment of life. Many people encountering the Worker’s Compensation system for the first time are very disappointed in the limits placed on their recovery.
Conversely, a workplace injury lawsuit will provide damages that will account for all of the economic and non-economic harms that you have suffered. Additionally, suppose the conduct that caused the accident was particularly reckless or intentionally malicious. In that case, some jurisdictions allow judges to award punitive damages on top of whatever compensatory damages the plaintiff would have recovered.
For these reasons, it is always worth considering whether Workers’ Compensation is your exclusive remedy. While this is typically the case against your employer or co-workers, certain exceptions in some jurisdictions may allow victims to pursue legal action, such as where the employer intentionally caused the harm. More frequently, injury victims are able to pursue third-party claims against people who were not their employer, such as contractors working for a different company or a negligent manufacturer. In these cases, it may be possible to pursue Worker’s Compensation recovery against an employer who was not negligent while also pursuing civil recoveries against third-parties that caused injuries due to their carelessness.
In all cases, you will want to discuss your options with a construction injury attorney well before you make any decision on filing a Workers’ Compensation claim or workplace injury lawsuit.
To speak with one of the seasoned construction injury lawyers at Wruck Paupore, call our offices at (219) 322-1166 to schedule your free initial case evaluation today.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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