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Compensation for Construction Accidents

Compensation for Construction Accidents

Compensation for construction accidents in the United States is the right of an individual who has suffered an injury or death as a result of hazardous or defective conditions present at a construction site, caused by the negligence or recklessness of another person or entity.

Compensation may include payment for medical expenses, compensation for pain and suffering, loss of income, and permanent disability.

What types of construction accidents can be claimed?

What are the most common accidents in construction?

Falls from heights: Occur when a person falls from an elevated surface such as scaffolding, a ladder, a roof, or an opening. These accidents can cause severe injuries such as fractures, trauma, bleeding, or even death.

Same-level falls or slips: Happen when a person slips or trips on the same level due to an object or surface, like a wet floor, a loose cable, a hole, or a tool. These accidents can cause mild to moderate injuries such as bruises, sprains, strains, or cuts.

Falling debris and objects: Involve a person being struck by an object falling from a height, such as a brick, stone, metal, wood, or equipment. These accidents can cause severe injuries like wounds, punctures, concussions, or even death.

Explosion, electrocution, and fire: Occur when a person suffers burns, electric shock, or an explosion due to contact with flammable, combustible, electrical, or chemical materials. These accidents can cause severe injuries such as burns, suffocation, poisoning, or even death.

Entrapment: Happens when a person becomes trapped between two objects or surfaces, such as a wall, a beam, a machine, or a vehicle. These accidents can cause severe injuries like crushing, amputation, suffocation, or even death.

Machinery accidents: Occur when a person is injured due to the malfunction or misuse of machinery or tools on the construction site, such as a saw, drill, hammer, or crane. These accidents can cause severe injuries like cuts, punctures, fractures, or even death.

Vehicle accidents: Involve a person suffering a collision, a hit-and-run, or a rollover with a moving vehicle on the construction site, such as a truck, an excavator, a forklift, or a wheelbarrow. These accidents can cause severe injuries such as trauma, bleeding, crushing, or even death.

Excessive personal exertion: Occurs when a person is injured due to excessive physical labor on the construction site, such as lifting heavy objects, performing repetitive motions, or adopting strained postures. These accidents can cause mild to moderate injuries like muscle pain, fatigue, tension, or inflammation.

All types of construction accidents that occur due to the fault or negligence of another person or entity can be claimed, such as falls from heights, impacts from falling objects, electrocutions, explosions and fires, exposure to toxic substances, and entrapments by heavy machinery.

What happens if the responsible party doesn't have insurance or refuses to pay compensation?

In that case, you can turn to a special state fund that covers uninsured workers or pursue a civil lawsuit against the responsible party for damages.

What happens if the accident was partially my fault?

In that case, the rule of comparative negligence may apply, which reduces compensation based on the percentage of fault. For example, if you are 20% at fault, you may receive 80% of the compensation. However, some states apply the rule of contributory negligence, which prevents receiving any compensation if you have any degree of fault.

How much time do I have to claim compensation for a construction accident?

The time you have to claim compensation depends on the state where the accident occurred and the type of claim being filed. Generally, the timeframe is one or two years from the date of the accident. There are exceptions that can shorten or extend the deadline. It is recommended to act as soon as possible to avoid losing the right to claim.

What rights does a worker have who suffers an accident in the United States?

The rights of a worker who experiences an accident in the United States depend on the workers’ compensation laws of each state, but some of the most common rights include:

  • Filing a workers’ compensation claim for the injury or illness resulting from work.
  • Receiving medical care and treatment for recovery.
  • Receiving payments for temporary or permanent disability, depending on the severity and duration of the injury or illness.
  • Receiving benefits for dependents if the worker dies due to a work-related accident or illness.
  • Choosing your own doctor for treatment unless the employer has a managed care plan.
  • Appealing the decision of the compensation board or commission if your claim is denied or if you disagree with the offered benefits.
  • Seeking other jobs that fit your abilities and limitations if you cannot return to the same job you had before the accident.
  • Receiving vocational rehabilitation services to help you find a new job if needed.

To exercise your rights, you must report the accident or illness to your employer as soon as possible, visit a doctor or clinic to address your injury or illness, file your workers’ compensation claim with the state’s compensation board or commission, and follow the steps provided.

How to sue for an accident in the United States?

To sue for an accident in the United States, it is necessary to follow a series of steps that may vary depending on the type of accident, where it occurred, the available insurance, and the applicable legislation. In general, the steps are as follows:

  • Seek immediate medical attention and keep receipts for medical expenses.
  • Report the accident to the relevant authorities and obtain an official report.
  • Obtain the details of the party responsible for the accident, including their name, address, phone number, license number, vehicle plate, and insurance company, if applicable.
  • Obtain the information of any witnesses to the accident.
  • Contact the insurance company of the responsible party or the victim to report the accident and file a claim.
  • Get in touch with a lawyer specializing in accidents to receive legal advice and assess options for compensation.
  • File a personal injury lawsuit in the appropriate court, explaining why the responsible party is being sued and the type of compensation being sought.
  • Participate in the discovery process, where both parties exchange information and evidence about the case.
  • Engage in conferences and negotiations to reach a settlement if possible, or go to trial if no agreement is reached.
  • Await the verdict of the jury or judge, which will determine if the responsible party is guilty and, in that case, the amount they must pay in damages.

How can an accident lawyer help you?

  • An accident lawyer can assist you in many aspects if you have suffered a car accident or another type of incident that has caused you injuries or damages. Some of the benefits of hiring an accident lawyer include:

    Providing legal advice and explaining your rights and options according to the applicable law in your case.
    Assisting you in gathering and presenting the necessary evidence to prove the other party’s liability and the extent of your damages.
    Representing you with the insurance company and negotiating to obtain the best possible compensation for your medical expenses, loss of income, emotional distress, etc.
    Defending you in court if necessary and presenting the most compelling legal arguments for your claim.
    Saving you time, money, and stress by handling all legal aspects of your case.

Do you want to know what your compensation is?

You could have a MILLIONAIRE case. Fill out the form and we will contact you immediately.

Form General en (#85)

Do you want to know what your compensation is?

You could have a MILLIONAIRE case. Fill out the form and we will contact you immediately.

Form General en (#85)