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Filing a Claim After a Construction Accident: What You Need to Know

by | Feb 2, 2024 | Construction Accident, Firm News

Construction sites are among the most dangerous work environments, with workers regularly exposed to heavy machinery, hazardous materials, and potentially unstable structures. Accidents on construction sites can lead to serious injuries, including broken bones, head trauma, spinal injuries, and even fatalities. When a construction accident occurs, injured workers and their families often face not only the physical and emotional toll but also significant financial burdens from medical bills, lost wages, and long-term care. Understanding your legal rights and the process of filing a claim after a construction accident is essential to securing the compensation you deserve.

Common Causes of Construction Accidents

Construction accidents can occur for a variety of reasons, many of which are related to unsafe working conditions, equipment failures, or human error. Some of the most common causes of construction accidents include:

  • Falls from Heights: Workers on scaffolding, ladders, or elevated platforms are at risk of falling, especially if safety equipment like harnesses or guardrails is not properly used. Falls from heights are one of the leading causes of fatalities on construction sites.
  • Struck by Objects: Construction sites are often busy environments with tools, materials, and debris moving around. Workers can be seriously injured or killed if struck by falling objects, loose debris, or machinery.
  • Electrocution: Exposure to live electrical wires, faulty wiring, or electrical systems without proper safety precautions can result in severe injuries or death due to electrocution.
  • Caught Between Machinery: Workers can become trapped between heavy machinery, such as bulldozers or cranes, leading to crushing injuries or amputations.
  • Machinery Accidents: Construction sites rely on the use of powerful machinery, such as cranes, forklifts, and excavators. Malfunctions, improper maintenance, or lack of training can lead to accidents that cause severe injuries.

Filing a Workers’ Compensation Claim

For most injured construction workers, the first step after an accident is to file a workers’ compensation claim. Workers’ compensation is a system designed to provide financial support to employees who are injured on the job, covering medical expenses, lost wages, and rehabilitation costs. In exchange for receiving workers’ compensation benefits, employees generally cannot sue their employer for negligence, even if unsafe working conditions contributed to the accident.

To file a workers’ compensation claim, you must report the accident to your employer as soon as possible. In many states, failing to report the injury within a specific time frame could jeopardize your ability to receive benefits. Your employer should provide you with the necessary forms to file your claim, and it’s important to keep detailed records of your medical treatments and any time you miss from work due to the injury.

While workers’ compensation benefits are designed to support injured workers, they may not cover all of your expenses, especially if you suffer a long-term or permanent injury. In some cases, injured workers may need to pursue additional compensation through third-party liability claims.

Pursuing a Third-Party Liability Claim

While workers’ compensation generally covers injuries sustained on the job, there are situations where another party besides your employer is responsible for your accident. In these cases, you may be able to file a third-party liability claim in addition to your workers’ compensation claim.

Third-party claims often arise in construction accidents when an injury is caused by:

  • Defective Equipment: If a piece of machinery or safety equipment malfunctions due to a defect in its design or manufacturing, you may have a product liability claim against the manufacturer, distributor, or retailer of the defective equipment.
  • Contractor/Subcontractor Negligence: Construction sites often have multiple contractors and subcontractors working simultaneously. If a contractor or subcontractor’s negligence contributed to the accident, they may be held liable for your injuries.
  • Premises Liability: If you were injured while working on property owned by someone other than your employer, and hazardous conditions on the property contributed to the accident, you may have a premises liability claim against the property owner.

Pursuing a third-party liability claim allows you to seek damages beyond what workers’ compensation provides. This can include compensation for pain and suffering, full lost wages, and other damages that are not covered by workers’ comp. However, filing a third-party claim is more complex than filing a workers’ compensation claim, and it often requires the assistance of an experienced construction accident attorney.

The Importance of Legal Representation

Construction accidents can result in serious, life-altering injuries, and the process of filing a claim and pursuing compensation can be overwhelming, especially when you’re dealing with the physical and emotional aftermath of an injury. Having an experienced attorney on your side can make all the difference in securing the compensation you deserve.

An attorney will investigate the circumstances of the accident, gather evidence, and work with experts to determine whether third-party liability exists. They will also help you navigate the workers’ compensation system, ensuring that your claim is filed correctly and that you receive all the benefits to which you are entitled. If a third-party claim is possible, your attorney will build a strong case to maximize your recovery.

At Spagnoletti Law Firm, we understand the complexities of construction accident cases and are dedicated to helping injured workers and their families secure the compensation they need to move forward. Whether you’re filing a workers’ compensation claim, pursuing a third-party lawsuit, or both, we’ll provide the legal support and guidance you need throughout the process. If you’ve been injured in a construction accident, contact us today for a free consultation. We’re here to protect your rights and fight for the compensation you deserve.  Please contact us online or call 713-804-9306 or to learn more about your legal rights.