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If you are injured as a consequence of the many dangers that lurk in building construction sites, consult with a construction accident attorney.
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June 8, 2017 How a Construction Accident Attorney Can Help You Make a Successful Claim for Compensation According to the Occupational Safety and Health Administration (OSHA), one in every ten construction site workers end up getting injured at work annually. Of all the possible scenarios, fall hazards turn out to be the most common, being the cause of as much as 38.8% of the fatalities. Should you figure in an accident in a construction site and intend to file a claim for compensation, the first thing you should do is to hire a construction accident attorney to help build your case. Worker’s Compensation vs. Personal Injury 1
When seeking compensation on account of a construction accident injury, you have to immediately check if the company has a worker’s compensation plan. If it does, you may claim compensation under the scheme so long as you can prove the injury is work-related. If you avail of worker’s compensation benefits, however, be aware that this would likely preclude you from filing a personal injury claim. This is because worker’s compensation is set up to help the company avoid having to deal with personal injury lawsuits. Having a lawyer assist you will make the decision whether or not to accept worker’s compensation benefits much easier In the event that your company does not offer worker’s compensation, or offers insufficient compensation benefits, then you have the option to file a personal injury claim. As with all other types of personal injury claims, you must be able to show that you, for your part, were exercising due diligence while carrying out your duties. Establishing Liability Sometimes, it is possible to have a third-party defendant in a construction injury lawsuit. It could involve the construction site owner, a general contractor, an equipment manufacturer (especially if faulty equipment caused your injury), or even a subcontractor. You should be able to prove negligence or gross misconduct to establish the liability of parties you intend to hold responsible. You must be able to show the degree of control that the defendants have over the working environment, which is the construction site, ultimately making them responsible for your injury. For example, the contractors should ensure that the workers are provided proper personal safety equipment. These include helmets, reflective vests, working gloves, and working boots. Safety and warning signs must also be clearly visible all throughout the site. Third-Party Defendants Sometimes, the defendant is not directly connected to the company per se, such as a product manufacturer. It becomes possible for them to be named as defendant if your accident was caused by their product. 2
For example, if you fell from a ladder because it was defective, you can include the company who manufactured the ladder into your construction accident suit. There are many other possible scenarios when filing a construction accident lawsuit so make sure to work in close coordination with an experienced law firm such as D & Z Law Group. About D & Z Law Group: D & Z Law Group is a law firm based in Los Angeles, California. Established in 2012, we focus our practice in areas concerning personal injury law. We take pride in how we offer quality legal service to our clients, fighting aggressively in court, while maintaining the honesty and integrity we have come to be known for. Sources: Construction Accidents & Injury Claims. AllLaw.com How To: Construction Injury Claims. FindLaw.com 3
