A construction site is full of both obvious and hidden dangers. Although there are regulations that govern construction sites to ensure that they are as safe as possible, some companies cut corners and fail to abide by them. In other situations, the workers may be in a hurry or focused on getting the job done as quickly as possible.
When this happens, it can result in serious injuries or even death for those who work at these sites. While most injured employees are required to file a workman’s compensation claim, there may be other factors that allow you to seek damages beyond what your benefits will pay.
The Fitch Law Firm LLC represents victims of construction accidents and assists them with pursuing the financial recovery they deserve. Learn more now about how a Springfield construction accident lawyer might be able to help you during this stressful and chaotic time.
Construction Site Safety Requirements
Each trade in the construction industry has its own set of tools and equipment that must be used correctly to avoid injury. The construction site itself is a busy place. People can be rushed and cause accidental injuries to happen. When one person makes an error, it can have disastrous results.
This means that safety precautions must be taken to ensure that workers are protected while performing their jobs. For example, scaffolding needs to be erected before workers begin their job. Workers should wear proper protective gear, including hard hats, steel-toe boots, eye protection, gloves, and other necessary items. Additionally, workers should never climb ladders without using a harness or fall arrest systems.
When a construction crew manager or company fails to provide the proper gear and safety instructions, they can be held liable for injuries. In some circumstances, a Springfield construction accident lawyer may be able to help you find other sources of liability that can pay for your injuries, suffering, and lost wages.
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Construction Accident Injuries We Typically Claim
There are many different injuries that can result from a construction site accident. Here are a few examples of the injuries that you could be dealing with:
- Cuts or severe lacerations
- A traumatic brain injury
- Broken bones or fractures
- Whiplash or neck injuries
- Spinal cord injuries and paralysis
- Disfigurement or amputations
- Exposure to toxic chemicals
- Burns from fire or chemical exposure
These are only a few examples of the injuries that you may be experiencing. It is critical to see a doctor as soon as possible after your injury to get a detailed workup of what you are experiencing. This will help you feel better and create a record of your injuries for any potential lawsuit you file against the people who hurt you.
If you feel as though your employer or a company doctor is downplaying your injuries, a construction accident attorney in Springfield may be able to advocate for additional treatment and testing on your behalf.
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Find Out Who is Responsible for Your Injuries
After your construction injury, one of the first things you are likely wondering is who is responsible and whether they owe you compensation. Your construction injury lawyer will investigate your case and identify any potential party who might be responsible for your injuries.
Here are a few examples of entities that could be to blame for your injuries:
- The employer of the negligent party
- The company in control of the construction site
- The company that hired the construction crew to perform the work
- The manufacturer of a construction vehicle, equipment, or parts that are defective
- The property owner
- Any entity that has a legal duty to ensure that the construction site is operated in a reasonably safe manner
A Springfield construction accident attorney can help you to seek financial compensation after an incident causes you to become injured. Identifying all potentially liable parties can help to ensure that your financial recovery is sufficient to cover all of your damages.
Establishing Liability After a Construction Accident
Once you have identified the parties who may be responsible for your injuries, your next step is to prove that they acted negligently. There are four elements that your Springfield construction accident lawyer must establish in order to prove that someone was negligent:
You must show that the defendant owed you a duty to use reasonable care and skill at the time of the incident. This could be a duty to drive their truck with caution, a duty to ensure that proper signage is placed around the construction site to keep other motorists safe, or a duty to ensure that workers have the right qualifications and backgrounds to work at the site.
The next step is showing that the defendant breached the duty of care. This could involve proving that the driver of the truck was texting while driving or showing that one of the companies hired a driver with a history of DUIs or other driving infractions.
This element requires you to show that you probably would not have been hurt but for the breach. If the defendants can point to some other major cause of your injuries, like inclement weather or even your own negligence at the time of the incident, then they may not be required to pay you compensation.
This final stage requires you to provide evidence supporting the amount of compensation that you are seeking in the lawsuit. For example, if you are claiming compensation for medical expenses, you will be asked to provide invoices, receipts, and other documentation of those expenses.
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How a Construction Accident Attorney Can Help
There are a number of ways that your Springfield construction accident lawyers may be able to help you pursue compensation when you experience a serious workplace injury at a construction site. Your compensation benefits may not cover things like pain and suffering or provide enough money to recoup your lost wages.
A lawyer can investigate to determine whether negligence was a factor in your situation and identify any liable parties. If legal avenues can be pursued, your attorney can inform you of your options. Most importantly, your lawyers will be by your side through every step of the process and can answer any questions that you have.
Here are other ways your lawyers can help:
- Responding to requests for information from the other parties in the case
- Preparing you for a deposition and defending your rights
- Gathering evidence to support your case
- Identifying expert witnesses to testify on your behalf
- Making sure that all deadlines are met and that key documents are filed with the court on time
- Attending hearings at court on your behalf
- Negotiating a settlement to secure the maximum compensation possible
- Making sure insurance companies play by the rules
To ensure you have the right to pursue the compensation you will need, it’s important that you do not delay. You only have two years to bring a personal injury claim, according to Ohio Revised Code § 2305.10. If you pass this deadline, you will forfeit your right to take any further legal action.
Workers May Be Eligible for Additional Compensation
If you were injured during a construction project, there are several types of damages that you may be eligible for. These include:
Medical bills are often an important part of any construction injury claim because they represent the largest portion of most people’s total recovery. Your lawyer should be able to obtain copies of your medical records so that he or she can determine how much money is needed to cover these costs.
In addition to medical bills, lost wages are another common type of damage award after a construction injury. It is possible that you will need to take time off of work to recover from your injuries. Your construction workplace accident lawyer in Springfield can also assist you in obtaining wage statements from employers who employed you before and after the accident.
Pain and Suffering
Many people are surprised to learn that pain and suffering awards are available as a form of compensation after a construction accident. While this type of compensation is usually reserved for more serious cases, it is still possible to receive a significant sum of money if you suffered severe physical injuries.
When property damage occurs, it is typically covered under workers’ compensation laws. However, if you own the damaged property, you may be entitled to additional compensation.
Other damages that may apply to your case include loss of enjoyment of life and loss of consortium. If your worker’s compensation benefits do not cover your severe injuries, a construction accident lawyer in Springfield may be able to help you seek damages beyond your worker’s compensation claim.
The Main Causes of Construction Accidents
Construction accidents happen every day, and while most of us aren’t involved directly in construction projects, we still rely on contractors to build our homes, offices, schools, hospitals, etc.
Unfortunately, construction workers face a number of risks during the course of their jobs, including exposure to dangerous chemicals, machinery, and other hazards.
The main causes include:
- Poor site management: This includes poor planning, lack of safety training for workers, inadequate supervision and oversight, failure to follow safety procedures, and failure to provide proper safety equipment.
- Lack of experience: Workers who lack experience tend to make mistakes when working on new projects. These errors could lead to serious injuries or even death.
- Faulty equipment: Equipment failures are another leading cause of construction accidents. Whether it is faulty machinery or tools, equipment breakdowns can lead to serious injuries or fatalities. When defective tools are to blame, a manufacturer can be held accountable.
- Faulty materials: Materials like steel beams, concrete slabs, and wood planks are prone to breaking down over time. As a result, they pose a risk of falling and injuring workers. A Springfield construction accident lawyer can investigate whether negligence was a factor.
- Worker error: Worker error is a common cause of construction accidents. Workers sometimes fail to perform tasks correctly, causing them to injure themselves or others. If
- Employer negligence: failing to properly train workers, not following safety protocols, and violating OSHA regulations can lead to dangerous conditions.
Crane accidents and scaffolding accidents cause devastating injuries that oftentimes could have been prevented.
When any accident is caused by negligence, injured workers may be able to recover compensation for medical bills, lost wages, pain and suffering, and more. A construction accident attorney in Springfield can review your case to determine if you have grounds to file a personal injury lawsuit.
Contact a Springfield Construction Accident Law Firm for a Free Consultation
Worksite accident claims can be extremely complex. When a construction company or other organization has been negligent and caused injuries, you need legal counsel to help you file a claim against the liable parties. We have years of experience handling these types of cases at the Fitch Law Firm.
We will review your worker’s compensation claim and work to determine what happened, how your rights were violated, and if there are grounds for filing a lawsuit. If you believe that you have suffered damages as a result of an accident at a worksite, we may be able to help.
Contact the Fitch Law Firm LLC now to learn more about your potential construction accident case. The consultation is free and confidential, and there is no obligation to proceed.
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