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Understanding Your Rights After a Construction Accident

Under the current economic climate, the construction industry is booming. Construction projects are everywhere, from freeways to home building, construction sites are all around us. While most construction workers will easily tell you that there are many risks associated with their line of work, you should know that being injured while working is not “part of the job.” If you are a construction worker and have been injured at while working on a project, you have legal opportunities that could help you obtain financial compensation for your injuries.

Causes for Construction Accidents

A construction accident can happen for a variety of reasons. According to the Occupational Safety and Health Administration, OSHA, about 20% of all work fatalities were in the construction industry in the year 2017. The following, known as the “fatal four,” are top causes for work-related deaths in construction sites:

  1. Falls
  2. Electrocutions
  3. Struck by object
  4. Being crushed or caught in between machinery

Construction sites demand due diligence and a great deal of care. Every project will harbor many hazards, and it is important that safety methods are set in place and dutifully practiced by all. While not every accident will result in death, some do; and many accidents can leave workers with irreversible injuries.

Injured Worker’s Legal Options

Construction workers who have endured a work-related injury have multiple options available when it comes to making a claim. Some options are highlighted below.  Whatever course is followed, prompt action is imperative! Investigation and securing evidence is of primary importance.

Filing a workers’ compensation claim – As with most industries, being injured at a construction site will likely allow workers to file a workers’ compensation claim. If the claim is approved, benefits can include:

  • Payment for the loss of wages,
  • Medical expenses, and
  • Partial or permanent disability

Personal injury claims (Third Party) – Personal injury lawsuits are not always available but when there is opportunity for a claim, a worker can receive compensation for damages beyond the scope of what is available in a workers’ compensation claim. In order to sue a party, we will need to demonstrate the following:

  • The defendant failed to perform its duties and was negligent; and
  • The victim sustained injuries as a result of that negligence
  • The nature and extent of the injuries and damages

Products liability lawsuits – When a work tool or other equipment causes the worker’s injury, the worker might obtain compensation by means of filing a products liability lawsuit, focusing on the equipment itself.

Wrongful death lawsuits – A wrongful death lawsuit can bring needed compensation to the family of the deceased victim who died because of a construction site accident. The victim’s family could receive payment for the following:

  • Funeral and burial expenses,
  • Medical bills,
  • Loss of support/earnings
  • Loss of care, comfort, and society

Seek the Legal Advice of a Professional Attorney

Construction-related injuries are some of the most life-altering injuries a worker can sustain. Depending on the severity of the injuries, some can lead to the sudden death of the victim. If you or someone you know has sustained an injury or death while working on a construction site, it is important to consider seeking the legal advice of a qualified attorney.

The attorneys at Heiting & Irwin are highly qualified in the field of construction-related injuries. The attorneys at Heiting & Irwin are dedicated to representing the rights of victims who have been injured at work. If you have been injured at work, it is important to act swiftly; seek the legal advice of a professional attorney today.

Richard Irwin

Mr. Irwin is a recognized specialist in Workers’ Compensation law. He has been certified as a specialist by the State Bar of California since 1995. He limits his practice to handling only workers’ compensation cases. View Attorney Richard Irwin's Attorney Bio Here.

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