Construction Accident Attorneys
Fighting to Recover Compensation for Construction Accident Victims
The construction industry, by and large, is rife with hazards, subjecting workers to frequent, unavoidable risks. Whether a construction worker primarily deals with residential construction, bridge erection, roadway paving, excavations, or demolitions, there is the heightened possibility that they become injured due to dangers inherent to their job.
Construction accident claims are regulated by the Occupational Safety and Health Administration (OSHA), an agency within the U.S. Department of Health of Labor. OSHA is responsible for enforcing workplace health and safety programs and laws. Their investigation may also serve an important role if a construction accident is caused by the negligence of someone other than your employer.
At Potts Law Firm, we are dedicated to advocating for construction workers who have suffered serious injuries while on the job. It’s all about our power, reach, and results: Working from eight locations throughout the United States, we have secured over $1 billion for our clients. We are ready to get you the money you need during this difficult time through a workers’ compensation claim. Our construction accident lawyers can also fight for additional compensation through a personal injury lawsuit if your injuries were caused by a negligent property owner, subcontractor, manufacturer, driver, or any other third party.
You owe us nothing unless we win, so call (888) 420-1299 or contact us online to schedule a free initial consultation. Same-day appointments are available, and our firm offers services in English and Spanish.
How Does Workers’ Compensation Insurance Work for Construction Workers?
Workers’ compensation insurance is designed to cover many of the out-of-pocket expenses that inevitably come with a serious workplace injury. Each state has its own rules for who must carry workers’ compensation insurance, and it is important to understand whether you are covered. Many states require employers with a certain number of employees to have workers’ compensation policies, while some states require all construction companies to purchase these policies regardless of their size.
Workers’ compensation policies typically cover all of the physical, accident-related injuries that can be unfortunately common in the construction industry. They also cover repetitive strain injuries and occupational illnesses. If someone dies in a construction accident, the survivor’s family can seek death benefits through a workers’ compensation claim.
When you are covered by a workers’ compensation policy and are injured while on the job, you must inform your employer about the incident as soon as possible. Deadlines apply in these cases, and you may be unable to get compensation if you wait too long. Upon receiving notice of your injuries, your employer is required to file a claim with their insurance carrier and notify OSHA if you were hospitalized.
While OSHA will conduct an investigation into what happened and may fine your employer if they determine they were at fault for your injuries, negligence is not generally a factor in workers’ compensation claims. Unless you were intentionally trying to hurt yourself (or someone else) or were intoxicated at the time of the construction accident, fault does not necessarily matter.
Your employer’s insurance carrier will likely work to pay you as little as possible and may even look for reasons to deny you benefits. That is why you will need a legal professional familiar with the workers’ compensation claims process on your side.
Our construction accident attorneys will advocate for you throughout the workers’ compensation process and fight to get you money for:
- Medical expenses (including medications, treatments, equipment, and out-of-pocket costs)
- A portion of lost wages
- Partial or total disability
Why Should I Consider Filing a Third-Party Lawsuit for Construction Accident Injuries?
Though workers’ compensation can provide you with crucial financial resources regardless of fault, it does come with a caveat. When you are covered under a workers’ compensation policy, you are generally unable to file a personal injury lawsuit against your employer, even if there is evidence their negligence caused an accident.
Furthermore, workers’ compensation benefits will not cover all losses. They only cover some of your lost wages, not all of them, and they do not compensate you for pain and suffering, emotional trauma, or other non-economic damages.
Depending on the circumstances, additional legal remedies may be available to make up for these deficiencies. If the negligence of a third party – anyone other than your employer – led to a construction accident, you may be able to take legal action against them in the form of a “third-party lawsuit.” The results of an OSHA investigation will likely become a key piece of evidence in this type of litigation that will be used to demonstrate who was responsible for an accident.
Examples of third parties who could be liable for your injuries include:
- Property owners
- Manufacturers of defective equipment
Our construction accident lawyers may be able to get you additional forms of compensation through a third-party lawsuit, including money for:
- All lost wages
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Emotional trauma
You owe it to yourself to explore the full extent of your legal options after a construction accident. Call (888) 420-1299 or contact us online today.
The issuance of workers’ compensation benefits is not usually contingent on fault. So long as you were not intoxicated at the time of the accident and were not trying to harm yourself or others, you can often still access these benefits even if you are partially or completely to blame for the accident.
If you are considering filing a third-party personal injury lawsuit, fault becomes more important. The state where the accident took place will determine how allegations of partial responsibility will be handled. Many states use comparative negligence rules, meaning you can still recover some damages if you were partially responsible, but your damages will be reduced by your percentage of fault. Some states do not allow you to recover anything if you are more than 50% to blame, while other states do not allow you to recover anything if you are at all responsible. Our team at Potts Law Firm can evaluate your case and advise what you can expect to recover.
If you are unsure if you have a case, don’t hesitate to call us today for a free consultation. Our team of experienced attorneys are ready to review your claim and fight for you.
“They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”- Stephen P.
“Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”- Theo C.
“They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”- Molly H.