Even though construction site workers account for a very small percentage of the workforce, they represent a quarter of work fatalities. When getting hurt on the job becomes a reality, builders have the right to be treated accordingly.
There are different ways a worker can injure themselves at a construction site. They normally fall under the common categories:
Depending on the specific cause behind the injury will determine the type of personal injury lawsuit that needs to be filed. Common scenarios that have happened on construction sites are:
Construction site workers find themselves filing claims because an accident similar to the above scenarios has happened, but the employer is not failing to willingly accommodate the injured worker.
After determining the cause of the injury, will then determine the type of claim that needs to be filed. Contacting a lawyer who is experienced in construction site accident cases is recommended to ensure you’re filing the proper claim.
Personal Injury Claim
This is the most common claim a person can file for financial compensation when an injury happens at the construction site. A general personal injury claim should be filed when a construction worker experiences an injury that’s severe and long-term.
Worker’s Compensation Claim
If a minor or short-term injury has occurred, it may be more suitable to file a worker’s compensation claim. You’ll eventually return to work, but you’ll need medical attention and temporary downtime to recover.
Product Liability Claim
Filing this type of claim means there was a product you used on the job that caused your injury. This could be due to the use of defective tools or equipment provided by the employer.
Wrongful Death Claim
Unfortunately, injuries on a construction site could lead to the death of the construction site worker. Your loved one could file a wrongful death claim against those liable for the fatality.
There are a number of possibilities when it comes to liability for a construction site incident. Sometimes it is not just the employer who is at fault, but it depends on the circumstances of the injury. When it comes to construction site injuries, the following parties could be held liable:
A personal injury attorney can help you determine exactly whom to file the claim against. It could be multiple parties that are liable for the injury.
There is an organization created to protect the rights of workers. They also have certain laws in place that employers must follow to reach their safety and ethical standards. Employers must have proper training programs, permits, and routine inspections to OSHA’s standards.
Rights of the construction worker include:
One of the most important rights that workers have is that the employer can retaliate in any way following the complaint the worker files to OSHA. If the employer does retaliate, the attorney can submit the worker’s claim for retaliation also. Retaliation can include:
After consulting with an attorney to file a claim and filing a complaint with OSHA, there are a couple of options a plaintiff has to reach a solution to the accident. The decision has to be made to reach an agreement in or out of court.
The personal injury attorney can contact those liable and seek mediation to reach a settlement. This is a faster option that’s based on the terms that the defendant offers. If you determine those terms are not in your favor, the case can then go to trial.
Going this route in the personal injury case causes a longer time to resolve the accident. Setting a court date could push the case back months, possibly a year. Keep in mind the lawyer has more work to do in cases that go to trial, so legal fees are usually higher.
There are different costs an injured worker or their loved one can include on the claim. It’s not about receiving a general lump sum, but more about receiving compensation based on your new needs. Costs to include in claims include:
Nobody should ever have to experience getting injured working on a construction site where safety should be first priority. Contact Oliveira Law today and receive the compensation you or loved one deserves.