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Construction Accidents: Understanding Your Legal Rights After An Injury


Oct 17, 2019 ##Social

Construction sites are known to present many dangerous situations. In the United States, the construction industry is regarded as the deadliest industry, especially regarding statistics of worker’s accidents. Building site workers are faced with several compromising situations and are exposed to many chances for accidents. Whether it is falling from a great height, being crushed by heavy machinery, getting hit by falling objects or other forms of accidents, the risks are there. Construction site accidents are also deadly and in most cases result in permanent disability or even death. If you or a loved one has been involved in a construction site accident that has been caused due to the negligence of another person, there are chances that you can secure compensation for the injury and damages suffered by working with tested, trusted and experienced attorneys like Carabin & Shaw P.C. Medical malpractice attorneys also handle settlement negotiations. Not all personal injury cases immediately go to court and in most cases it is beneficial to attempt to negotiate a settlement before involving the court at all. Both independent medical experts and hospitals will have the option to make negotiation settlements through their insurance. Our medical malpractice lawyers in Texas are often able to help you to decide whether or not a settlement is reasonable, depending on your level of damages and suffering. We can help you to communicate with claims adjustors and negotiate offers on your behalf. The san antonio medical negligence attorneys help gather evidence, but this goes further than it does for the average person representing their own case. An expert will take the time to investigate every angle, using their knowledge to find anything that you may have otherwise overlooked. This results in a thorough collection and documentation of various forms of proof for your case.

The Frequency Of Construction Accidents

The Occupational Safety and Health Administration (OSHA) revealed in a recent publication that approximately 20% of 4,000 employee fatalities recorded in the private industry were in the construction industry. This further lends credibility to the dangerous nature of the industry.

Construction accidents are commonly caused by a few factors which have been identified over time and these factors include:

  • Injury resulting from a machine or other tools
  • Electrocution
  • Being hit by a random or falling object
  • Falling from a height.

While the above-listed factors are responsible for a majority of the construction site accidents, other workplace activities that put the lives, health, and safety of construction workers in danger include:

  • Open trenches
  • Scaffolding
  • Defective methods of communication
  • Insufficient head protection
  • Excavations
  • Use of a high or unsecured ladder.

In line with federal regulations, an employer is expected to put certain things in place to help prevent the common accident and injury cases associated with the construction industry. States have also begun tightening the rules to ensure that employees and contractors are adequately protected.

Liability For Construction Site Accidents

If you or a loved one has been involved in a construction site accident, there are several factors that can be identified as contributing to the cause of the accident. Following a proper investigation by calling Investigation Hotline into the accident, your attorney may be able to name one or more liable parties to have been responsible for the accident which has caused you injury or which has led to the death of your loved one.

In a construction site accident case, especially in a large scale construction project, there are several liable parties who may be named. One or more of the under-listed persons may be named as the liable party:

  • Project engineers
  • Project design developers
  • Contractors
  • Equipment suppliers
  • Property Developer
  • Safety engineers
  • Property owners
  • Subcontractors,
  • Material supplier
  • And other laborers and employees directly or indirectly related to the construction project.

In many cases, a general contractor may put the lives of construction workers in danger by hiring subcontractors who are not properly trained, equipment suppliers whose equipment is faulty, material suppliers who have compromised the quality of construction materials supplied and others. Liability can further be based on the details of the sub-contract. In some cases, the subcontractors may be absolved of all legal responsibilities in the event of accidents and injuries based on the agreement and fine prints of contracts that had been agreed to. Visit here to hire civil construction workers that are fully trained.

Legal Options For Injured Workers

If you have been injured while working on a construction site, then you may be entitled to some form of compensation for the injury which you have suffered and other damages. Injured construction workers have a plethora of options to choose from after they have been involved in an accident. below are some of the options you can choose from:

Filing A Workers’ Compensation Claim

If you have been involved in an accident that has led to an injury, you may be able to seek compensation benefits from the at-fault parties. As with most industries, you may be entitled to some benefits including lost wages as a result of the accident and injury, medical costs, rehabilitation, and physical therapy costs (if applicable), partial or permanent disability.

Personal Injury Claims

Filing a personal injury claim is appropriate in the event a third party has been named as the liable party in your accident case. The injured worker may be able to recover compensation for damages if the legal counsel can safely prove that:

  • The defendant failed to perform his or her duties thus constituting negligent behavior
  • The defendant’s negligence was responsible for the accident and injury sustained by the victim
  • The nature and extent of the injury is worth compensating

Product Liability Lawsuits

This type of lawsuit can be filed when it has been identified that your injury was a result of a defective work tool or other equipment.

Image result for construction accidents

Wrongful Death Lawsuits

In the event the victim of the accident died, the family members may be able to pursue a wrongful death lawsuit against the named liable parties. Because of the type of lawsuit, the type of compensation that can be recovered is quite limited. Family and loved ones of the deceased worker may be able to secure compensation for the medical bills, loss of support and earnings, loss of care, comfort, and society, and also the funeral costs.

By ozfetch

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