Westbury Construction Accident Lawyer

What Damages Can an Attorney Help Recover From a Construction Injury

Construction accidents can lead to severe physical and financial suffering for victims and their families. Extensive medical bills, coping with the trauma of a grievous injury, and permanent disabilities can significantly affect a worker’s life. However, filing a lawsuit against the negligent party(s) may be able to help an injured employee recover the following:

• Loss of income
• Medical bills
• Therapy and counseling bill
• Physical or occupational therapy
• Living expenses
• Pain and suffering
• Loss of companionship
• Loss of life enjoyment

Economic damages are less challenging to calculate than those that are non-economic. The former uses precise numbers based on bills and expenses incurred, such as medical bills. The latter are given an estimated value, as they do not have exact dollar amounts attached, such as a victim’s pain and suffering.

Regardless of the injuries and expenses a person suffers, an experienced construction accident lawyer can help them recover compensation for their losses.

Who May Be Held Accountable for Construction Injuries?

If a business has workers’ compensation insurance, it may be immune from personal injury lawsuits filed by employees. However, this type of insurance does not ban lawsuits against employers if the accident was due to deliberate or flagrant actions.

Alternatively, injured workers could initiate lawsuits against third parties for damages in these cases, including the following:

Construction Site Owner

Liability is usually based on the owner’s control over the worksite rather than control over the work activity itself. Site owners must ensure the property is relatively free from hazards and safety protocols are in place and being followed by those present on the premises.

General and Subcontractors

Legally, general contractors and subcontractors must:

• Ensure employees can perform in a relatively safe work environment
• Forewarn them of potential hazards
• Conduct the work according to regulations

If an injury happens, a contractor or subcontractor’s failure to fulfill these tasks may allow victims to be reimbursed for their expenses and losses.

Architects and Engineers

Engineers and architects must monitor progress and promote adherence to plans and code regulations. Duties included in their contract with the construction company must be examined to determine if the engineer or architect may be responsible for an injury.

Manufacturers

Any party in the distribution chain of a faulty product—including manufacturers, wholesalers, and retailers—may be held responsible if the product in question results in a person’s injury.

Types of Construction Injury Claims

If you or a loved one was injured at a construction site, you might be able to seek at least one of the following claims with the guidance of your lawyer:

Workers’ Compensation

Generally, an injured employee cannot bring forth a legal claim against their employer. This is because they usually qualify for benefits offered by the company’s workers’ compensation insurance.

An injury victim seeking this coverage must prove only that an injury happened on the job, unrelated to other factors. If the claim is approved, the individual will be allowed to receive workers’ compensation benefits, such as medical care coverage and wage replacement.

Note that workers’ compensation claims may be brought forth simultaneously with other claims against third parties to maximize the damages recovered.

Product Liability

If using a faulty product leads to an injury, the victim could bring a lawsuit against any company involved in the distribution chain. For example, if a ladder used on a construction site fails due to a flaw and inflicts an injury, the victim may be able to seek reimbursement from the:

• Manufacturer
• Wholesaler
• Retailer
• Any other party involved in the distribution chain

Personal Injury and Wrongful Death

In a personal injury case, the victim and their attorney must work together to prove that a third party was careless, resulting in their injury.

If a worker is killed in the workplace, their family may bring forth a wrongful death lawsuit for the loss.

Common Causes of Construction Injuries

Construction-related accidents can happen for many reasons. The Occupational Safety and Health Administration (OSHA) mandates that employers have specific permits, conduct routine inspections, and execute safety programs to mitigate workplace accidents.

Product defects, negligence, and failure to follow policies and procedures can lead to needless construction site injuries. Some primary reasons for injuries at construction sites include:

• Inadequate training
• Insufficient safety precautions
• Crane accidents
• Hoist accidents
• Scaffolding accidents
• Collapsed structures
• Inappropriate equipment or tool usage
• Improper equipment maintenance
• Defective equipment
• Compressed gas accidents
• Mechanical hazards
• Toxic substance exposure
• Fires and explosions
• Electrical accidents
• Welding accidents
• Falling objects
• Slips and falls

Our team can investigate cases involving any of these elements, as well as others.

What You Should Do If You’ve Been in a Construction Accident

If you have been injured in a construction-related accident, you are urged to do the following:

1. Get immediate medical attention for significant injuries.
2. Report the injury to your employer and note who was informed.
3. Collect information from eyewitnesses, if possible.
4. Take photos of the injury, the scene of the injury, and any equipment involved.
5. Contact a lawyer to learn more about your legal options.

Getting Help From a Construction Accident Lawyer Today

If you have been hurt in a construction accident, the attorneys at the Law Office of Cohen & Jaffe, LLP may be able to assist you with a lawsuit. Reach out to us as soon as possible to begin exploring your options. Call 866-878-6774 for a free case review.