You have been working on a construction site for years. Although your friends and family have warned you about the dangers this job is associated with, you still chose this profession. In your defense, you told them that you’re always wearing the required safety gear and you’re always careful about everything that you do on the job. However, regardless of how careful you are, construction accidents can happen. And if you’re involved with one, it’s right that you should know what are the legal options you have available. You would want to sue the party who’s responsible for the accident and the injuries you’ve sustained, right?
Being involved in a lawsuit is very stressful and taxing. You can’t solely focus on your job as you still have to look after the paperwork of the case, attend court hearings and prepare evidence to prove your point. Fortunately, being able to know the legal things about construction accidents can make the process easier for you, and you can start by familiarizing yourself with the following:
- Information about workers’ compensation claim is vital
Workers’ compensation is a form of insurance required by law to provide benefits to injured employees regardless of the party who caused the work-related injury. The coverage for workers’ compensation can include:
- Medical care;
- Permanent disability;
- Rehabilitation; and
- Temporary disability.
- Your workers’ compensation benefits has limitations
Your workers’ compensation can help you during your lawsuit, but keep in mind that will not make for the loss of income from the time you miss work. It will also not compensate for the strain placed on your family after the accident took place. However, beyond a workers’ compensation claim, you also have the option of earning settlement through a third-party claim.
For you to be fruitful in this claim, you should be able to prove that the construction accident was in fact because of third-party negligence.
- Other “third parties” can be liable for your injuries and your accident
As a victim of a construction accident, you can make use of a “third-party” liability claim as it can provide added compensation on top of the amount you get from your workers’ compensation claim. Commonly, a “third-party” claim which happened within the construction accident context can include the architect, engineer, construction manager and safety contractor, depending on the types of injuries and accident. Listed below are some of the examples of third party claims:
- A carpenter injured by a porch that collapsed: The third-party liability claim can be filed against the homeowner as he/she failed to warn how dangerous his/her porch is.
- A laborer injured by fall from a roof: The third-party liability claim can be filed against the construction manager and the safety officer as they were not able to provide precautions for fall protection.
- A laborer injured during a demolition because of a collapsing wall: The third-party liability claim can be filed against the architect and engineer for unsafe demolition plan.
- An ironworker injured in a fall due to an icy beam: The third-party liability claim can be filed against the contractor as he/she insists on working on the job site even in dangerous conditions.
If you think you’re construction accident is similar to any of these cases, you may file a third-party liability claim. If you can provide substantial evidence for your claim, you’ll have higher chances of winning against the other party.
- Never assume that your employer or OSHA is on your side
Safety officers from the Occupational Safety and Health Administration are not your representatives. Most of the time, they have different interest regarding the construction accident that you’re involved in; don’t assume that their presence means that you’re saved from the burden of filing a lawsuit and providing evidence.
Keep in mind that the organization’s function is to know whether or not there was a violation of standards which resulted in the accident so they can charge your employer with a violation. They are not in-charge of filing for any type of claim on your behalf, and they’re also not in the position to bring any legal actions against a “third-party.”
- It’s always better to work with an experienced attorney
If you want to save yourself from the pain of doing everything on your own, you should work with an experienced attorney who specializes in construction accident lawsuits. These people are professionals in their field so you can guarantee that whatever legal advice they give you are reliable and credible. Yes, working an attorney with lawsuits can be costly, but if you think of the benefits you can get from their services, it’s actually very cost-efficient. Once you have an attorney working with you, you can still manage different aspects of your life even if the lawsuit is ongoing.
Key Takeaway Points
When you’re involved in a construction accident, you don’t want everything will just slip away as if nothing happened, especially when you’re severely hurt from what happened. Of course, you would want to seek justice for the damages which affected your life adversely. Knowing the legal elements involved in a construction accident can help you achieve that goal. As long as you’re able to keep in mind the information presented in this article, your entire lawsuit battle for the construction accident will no longer be as difficult. If you’ve been looking for legal assistance, you can click here.
Lea Taylor is a legal writer who spends much of her time writing pieces on law topics for the common reader. Lea is the resident comedian of the office, often cracking jokes to lighten the mood. She always has a delightful story to make everyone smile.