If you have been injured in a construction accident while at work, you are not alone. Construction accidents are some of the most common workplace accidents. These types of accidents account for about 20% of all fatal workplace accidents in the United States, according to the Occupational Safety and Health Administration (OSHA).
Although these accidents are common, they may be preventable. In fact, organizations like OSHA exist to ensure worker safety. When worker safety standards are breached, and you become injured as a result, you may be able to file a claim for compensation for your injuries.
Claims for compensation allow you to pursue the liable party. If you were out of work during your recovery, you may also be able to claim lost wages. If you lost a loved one in a construction accident, you may have the option of filing a wrongful death lawsuit.
Learn about the claims you may be eligible to file, your legal rights, and what a Marion construction accident lawyer can do for you. The personal injury lawyers with The Fitch Law Firm LLC can handle your case from start to finish.
Understanding Your Legal Rights in a Construction Accident
Ohio does not have a state OSHA department, so it follows federal OSHA guidelines and regulations for safety in the workplace.
For construction sites, you have the right to certain safety standards, protocols, and protective equipment and gear. If standards or protocols are not followed, or you are not provided with protective gear or proper equipment, this could compromise your safety.
If you suffered an injury in the accident, the party responsible for the breach could be held liable for your injuries, any time missed from work, and other damages. They also could be held liable for how the accident affected your life.
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Liability in Construction Accidents
Determining liability in a construction accident requires understanding who was responsible for the direct actions that led to your injuries.
For example, property owners must provide warnings or labels for any dangerous areas on their premises if they are aware of the danger. If they fail to do so, they could be held liable if someone is injured.
Similarly, many other parties may be held liable if they do not meet minimum standards of care due to others and you become injured as a result.
Examples of third parties who may be held liable in a construction accident claim or lawsuit include:
- Construction equipment designers, manufacturers, and producers
- Property owners
A lawyer can help you determine who may be held liable for your injuries by examining the details of your accident. You can learn more about working with a Marion construction accident lawyer on your case when you reach out to The Fitch Law Firm LLC.
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Common Causes of Construction-Related Injuries
Your construction accident might have stemmed from one of the following hazards:
- Falling debris or tools
- Electrical malfunctions
- Fires and explosions
- Machinery malfunctions
- Motor vehicle crashes, including forklifts, cranes, etc.
- Inadequate safety standards
- Poor hazard training or communication
- Toxic chemical substance leaks and spills
Some of these causes are preventable at the worker level, but many result from oversights and negligence of a contractor, property owner, and those in management positions.
Common Construction Site-Related Injuries
Construction accident injuries can be severe and often lead to long-lasting impairments and disabilities, including the following:
- Overexertion: While often ignored on construction sites, overexertion should be taken seriously, as pushing too hard physically can result in muscle, tendon, and ligament tears and damage, particularly in the shoulders, back, and knees.
- Heat exhaustion and heatstroke: Heatstroke can lead to brain and organ damage and, if left unaddressed, can be lethal.
- Burn injuries: Severe burns can be debilitating. Fire, electrical hazards, and chemicals such as sulfuric or hydrochloric acid are often the source of these injuries.
- Spinal cord injuries: Damage to the neck or spinal cord can lead to long-term or permanent disability, such as partial or complete paralysis.
- Traumatic brain injuries (TBIs): The side effects of a TBI include memory loss and personality changes. TBIs can result in long-term and even permanent damage if left untreated.
- Broken bones: Broken bones anywhere in the body can take weeks or months to fully heal and leave the injured person unable to work for an extended period.
- Catastrophic injuries: These injuries can leave a person unable to engage in daily activities and with long-lasting or permanent disabilities, such as the amputation of a limb or loss of hearing or sight.
At The Fitch Law Firm LLC, we will listen to your case with compassion and empathy and help you get the restitution you need to heal physically and emotionally. We will be your advocates throughout the course of your case.
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Types of Claims You May Be Able to File
The type of claim you file depends on whether you are filing for yourself or on behalf of a lost loved one.
Personal injury claims or lawsuits and wrongful death lawsuits filed against third parties are separate from workers’ compensation claims, which pay solely for a percentage of lost wages, according to the Ohio Bureau of Workers’ Compensation.
Third-Party Liability Injury Claims
An injury claim allows you to pursue damages from the liable party for how the construction accident and resulting injuries have affected your life. This could include:
- Medical bills
- Future medical bills
- Lost wages
- Future lost wages
- Pain and suffering
All personal injury lawsuits in Ohio have a two-year statute of limitations, according to Ohio Revised Code Section 2305.10.
This typically means you have two years from the date of your workplace accident to file the lawsuit or from the date you learn of your injuries. A lawyer can better explain the statute of limitations and other laws that would affect your case. There are some exceptions. When you work with our legal team, we can help you file on time and streamline the legal process as much as possible.
Wrongful Death Cases
Wrongful death lawsuits exist so that family members of decedents can seek compensation for the pain and suffering, emotional anguish, or loss of support they may experience from losing their loved ones.
The statute of limitations is typically two years for wrongful death lawsuits in Ohio, as stated in the Ohio Revised Code Section 2125.02. Usually, a representative of the deceased’s estate will file a wrongful death lawsuit, and the court can appoint one if needed. Typically, it will appoint a spouse, child, or parent as the representative.
How a Marion Construction Accident Lawyer at Our Firm Can Help
After a construction accident, you may be ready to pursue your case but may be unsure where to begin. Let a lawyer help by offering guidance and support and providing several benefits, such as the following:
Explaining Your Legal Rights
Unless you are familiar with the legal world, including legal terms and laws, the process of filing a claim can be confusing. A lawyer can help you understand your legal rights and explain whether you can file a claim or a lawsuit.
Collecting Evidence to Support Your Case
Once a lawyer gets to work on your case, they will begin to gather all the necessary details to support it. This can include collecting documentation, speaking to witnesses, exploring the police report, and other details.
Building a strong foundation for your case is important for helping you secure compensation. A lawyer will work to gather evidence that demonstrates the other party’s negligence, how it led to your injuries, and why you deserve to be compensated.
Working for Compensation on Your Behalf
A construction accident lawyer will work to gain you compensation from the moment you file your lawsuit until they see the resulting outcome.
They will carry out several tasks which are made easier with help from a lawyer, such as:
- Acting as a communicator with the other party’s lawyers
- Speaking to insurance companies for you
- Filing paperwork with the civil court
- Ensuring you meet all deadlines
Keeping You Updated
When we handle your case, you will never be left in the dark. We will reach out to you with regular updates and make ourselves available to answer any questions you have along the way. We pride ourselves on providing client-focused legal services.
What You Should Do if You Were Injured Due to a Construction Accident
After a construction accident, seek medical attention promptly. Ultimately, you will need to ensure you get a proper diagnosis from your health provider, which will help establish how and why the injury occurred.
Notify whoever is in charge of the worksite and describe the nature and extent of your injuries so they can report them to the appropriate entity. It will help protect your right to claim compensation for your injuries.
Also, document the events and conditions preceding and immediately following the accident and why you suspect it happened. Identify accident eyewitnesses and persons who were supervising the worksite at the time. Their testimony can help back up your claims.
Contact The Fitch Law Firm LLC to Get Started on Your Case
If you or a family member suffered an injury in a construction accident, do not wait to take legal action for compensation. The sooner you call us, the sooner we can get the process started.
One client of our firm recovered five million dollars for the death of her spouse arising out of a construction accident. Contact The Fitch Law Firm LLC today to see what a Marion construction accident lawyer can do for you.
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