6 Reasons to Hire a Construction Accident Lawyer

Digital Panalo - April 21, 2021 - Construction Accident
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Written by Guest Post Writer Yuriy Moshes

Within the construction industry are many potential hazards. In fact, according to the Bureau of Labor Statistics, there are roughly 150,000 construction site accidents yearly. Many of these injuries are simple accidents, however, there is a number that could have been prevented. Calling attention to injuries ensures that overlooked measures don’t cause others to experience similar or more serious injuries from the same negligence. This article will discuss six additional reasons to hire a construction accident attorney if you have been injured on the worksite.

1. To Determine How Much Your Claim Is Worth

Depending on the specifics of your situation, having a lawyer on your side to help you determine how much compensation you get is a good idea. In many construction accident cases, your compensation could be limited by local worker’s compensation laws. However, in some cases, the injury could be the result of third-party negligence, which means compensation laws no longer apply to your situation. An example of this is an injury sustained because of a defective piece of equipment. To help you understand the at-fault party and determine how much your claim is worth, consult a construction site accident attorney as soon as possible.

2. To Help You Get a Larger Settlement

If you’ve been injured on a construction site, your injury may have caused you to miss work, which can be financially difficult for you and your family. Hiring a construction injury attorney can help you get your financial life back on track and get you the highest possible settlement.

Depending on your circumstances, there are different types of claims that may be available to you:

  1. Worker’s Compensation: These are benefits you can collect when you are injured performing your job.
  2. Defective Machinery or Equipment: Heavy equipment, vehicles, and machinery are common causes of construction site accidents.
  3. Scaffolding/Ladder Injury Claim: Falls are the number one cause of injuries on construction sites; if you have suffered from a fall, your claim may look different. Some states have dedicated laws pertaining to these falls, like the New York State’s Scaffold Law, which holds property owners and general contractors strictly liable for fall accidents and related injuries.
  4. Highway Work Zone Accidents: Similar to fall accidents, the claim may look different with these accidents; if a negligent driver has caused injuries, there may be a suit filed against him/her.
  5. Third-Party Injury Claims: As stated above, there are limits to worker’s compensation claims– prohibiting pain and suffering compensation. However, if a third party is deemed responsible for your injury, you may have legal grounds to pursue a claim there.
  6. Unsafe Worksite: Government codes are meant to protect workers on-site; if those codes are proven to have been violated, those responsible could face charges

Settlements are based on the value of the case, which your attorney will help to define. The value will be calculated based on the following:

  • Past lost income and future lost income
  • Property damage
  • Estimated future medical expenses and past medical expenses
  • Pain and suffering

There are a few routes to take depending on your case. An experienced construction accident attorney will help you understand which route is best for you.

3. To Advise You Taking the Settlement and Filing Suit

A construction accident attorney will help you understand the timeline of your case in terms of when to settle and when to take legal action. Know that depending on which state you are in, there are various deadlines associated with any claims you mean to file. The sooner you contact your attorney, the less likely you are to make costly mistakes like missing important deadlines.

An attorney will also know when to accept a settlement offer, ensuring that you receive the maximum compensation for your case so that you can get your life back on track. If an insurance company or representative of your employers comes to you with an offer to sign, do not accept it without first consulting an attorney. The settlement may not fully cover the value of your case, as explained above.

4. To Represent You If Your Case Goes to Court

The best and most likely case is that you settle out of court, however, sometimes going to court is necessary to get you the appropriate amount of compensation. If your case is taken to court, an attorney will be there to fight for you. Going to court may be necessary for the following events:

The other party or parties will not agree to a fair settlement that is representative of the value of the case
They deny that injuries sustained occurred on the worksite
They refuse to accept liability

In the event that any of the above scenarios happen, a construction accident lawyer can represent you in court and fight for your best interests.

5. To Handle All Deadlines, Paperwork, and Details

Deadlines, filings, and appropriate paperwork are a large part of a construction injury case. Navigating the details of all of it can be difficult for a single person without the assistance of construction injury lawyers. One of the first steps to getting compensated post worksite injury is filing for worker’s compensation. This filing process has an array of deadlines and fine print that an attorney can help you navigate and translate. Here’s a list of items you may need to obtain or file depending on your case:

  • The results of an OSHA or other investigation
  • OSHA violation reports
  • OSHA complaint
  • Workers compensation claims
  • Witness statements
  • Photos of the accident scene before it is cleaned
  • Medical reports
  • Personal injury lawsuit

Depending on your case, the paperwork needed could multiply. Construction injury lawyers can help you understand the fine details and necessary files to help put your case together and not make any costly errors.

6. To Fight the Big Insurance Companies

Many construction companies often have big insurance teams. Fighting a large insurance team is a feat, and you’ll need an experienced construction injury attorney on your side to do so. Insurance companies are for-profit organizations, and their number one goal is to pay out as little as possible. Even if the insurance company chooses to bring you a settlement, it’s not in your best interest to accept it without reviewing it with an attorney.

Insurance companies will search for reasons to deny your claim, alleging that you filled out the paperwork incorrectly, that you did not get injured on-site or that you were the at-fault party. Construction accident law firms see this all the time. It’s highly advisable to hire an attorney from the very beginning to understand your legal options and stand a fighting chance against insurance companies that won’t pay you what you deserve.

Conclusion

If you’ve been injured, it’s a good idea to consult a construction lawyer. Accidents on worksites are detrimental, changing your life in seconds. No matter what the injury is, you should never overlook it. Speaking up could save someone else from suffering a similar or worse accident in the future. Construction is a risky job, but don’t let that fact allow you to let injuries and accidents go unreported. If you’ve been hurt on a construction site, contact an attorney today to ensure you can financially recover and that no one else gets hurt. Once you’ve taken action, your attorney will walk with you through the entire process, ensuring you get the fairest compensation to help you on the road to recovery.


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