In
construction accident cases, lawyers
must first determine the
negligent party in a construction injury
case; For example a manufacturer of
equipment; a defective product or a
negligent third party.
We
will determine if Workman's Compensation law
controls the case or is there a responsible
third party.
Construction
sites accidents are unfortunately still
commonplace. Thousands
of construction workers are injured or
killed in a construction site accident each
year. Construction companies must inspect
each site with safety engineers and provide
safety programs, but unfortunately accidents
still occur due to the inadequacy of these
provisions.
When should I consult a Construction
Accident lawyer?
A
Construction Accident lawyer should be
consulted after sustaining
a serious work related injury. Even if for
no other reason than to have the workers’
compensation system explained to you, and
what to expect from the process. There is a
substantial likelihood that the insurance
company will eventually challenge a worker’s
right to compensation benefits, and the
insurance company begins preparing a
litigation strategy to get an injured worker
off compensation from the time that the
adjuster opens the file.
It is
critical for the injured worker to consult a
Personal Injury Lawyer
as soon as possible especially if the
injury is serious, it is always recommended
that you get in touch with an attorney
experienced in workers’ compensation law
Worker's Compensation
If you
work at a construction site and have
suffered a personal injury , you are
entitled to receive certain prescribed
benefits through Worker's compensation.
These include payment of medical bills, a
weekly benefit for each week you are unable
to work, and payment on a scheduled basis
for a permanent injury.
Worker's Compensation awards tend to be
modest since they are based on past earnings
and there is no provision for pain and
suffering. In addition, you are not
permitted to sue your employer for any other
damages.
Construction workers can sue for damages
but, like all other employees injured in the
workplace, construction workers can sue and
recover an award against other people or
companies for injuries sustained in the same
accident, such as the owners of the project
or general contractors.
To make construction work safer, State Law
has strict safety laws that place the
injured worker in a favorable position to
sue and recover damages. These laws require
contractors, owners, and their agents to
furnish scaffolds, hoists and other
structures for erecting, demolishing or
repairing buildings. If the owner or general
contractor fails to provide safe working
conditions under the law, he is held
responsible for all injuries, regardless of
the fact that he exercised no supervision or
control over the work being performed at the
work site. The liability is strict and the
negligence of the worker is of no
consequence.
We begin by investigating the owners,
architects, insurance companies and
manufactures of equipment. The general
contractor and all subcontractors are
required to provide reasonably safe site,
warn of hazards inherent in the site and
work, hire careful employees, coordinate job
safety and supervise compliance with safety
specifications.
We utilizes scientific and engineering
experts to determine if manufacturers or
construction equipment are responsible.
Employers are responsible for the safe
design and proper maintenance of equipment
and products in the work place. Defective or
dangerous products can include scaffolding,
cranes, power tools derricks, hoists,
conveyors, woodworking tools, ladders,
winches, trucks, graters, scraper, tractors,
bulldozers, forklifts, as well as many other
types of construction equipment.
We will also consider claims against the
subcontractors. It is common place for a
Construction Accident lawyer to locate
several potential third party defendants
responsible for the personal injury. In more
complex cases, the legal principles of
agency and analysis of Corporate Law can
lead to sophisticated determination as to
who is technically an "employee" and
who the "parties" are in given
situation.
Can I sue my employer or a
co-employee for careless and reckless
behavior ?
No. The
employer is granted immunity from negligence
claims by its employers. The good news is
that the employee can recover wage loss and
medical benefits even if the worker himself
carelessly or recklessly causes his own
injury and disability. It is a-give-and-take
situation designed to ensure that as few
people as possible are without any means to
provide for themselves and their families,
even the careless.
