Victims Right to Compensation:Victims of construction site accidents are entitled to monetary compensation for all their losses including
- Hospitalization and medical costs
- Future medical costs and rehabilitation expenses
- Lost wages and loss any future income due to inability to work
- Compensation for disability including nursing care and transportation expenses
- Pain and suffering including emotional trauma
- Punitive damages – where a defendant displays reckless disregard for the health and safety of construction crew members
Call (213) 389-3765 to set up a free, no obligation consultation to find out if you have a case.
Are Construction Site Injuries Workers Compensation Claims?Employers are held liable for all consequences following an accident, so long as they are reasonable. This includes liability for the unskillful operation of industrial equipment i.e. cranes, by an employee. Employers are required to provide compensation for such injuries, however it will be covered under a worker’s compensation claim. Workers compensation claims allow for recovery when the employee was injured during the course of employment. However, these types of claims do not provide recovery for your pain and suffering. Instead they will provide compensation only for medical expenses and loss of earnings.
Find out more about how we can help you. CHAT LIVE with a representative now.You can file a separate lawsuit, if it can be shown that a third party is responsible. Third parties include manufacturers of machinery, which is defective and causes injury. Depending on the facts, your injuries can be from a defective crane or other machinery. In such cases you can pursue a separate claim for damages against the manufacturer-see below for explanation. Generally work related injuries are covered under workers compensation claims. However, if you can show that the injury was caused by a third party it is possible to separate or bifurcate the claim.
What is the Value of My Case – Construction Site Injury LawsuitThe most commonly asked questions by our clients to our attorneys is “how much is my case worth.” Case value is based on two main principles, degree of injuries and likelihood of recovery. How bad are your injuries? If the injuries are serious i.e. spinal cord injuries or brain injuries the case will have a greater value. Why? These types of injuries are often lifelong and cause serious cognitive issues. Future medical expenses are another factor. How much will the cost of future medical care be? These costs are all calculated and account for inflation. Depending on the required cost for future medical treatment, the value of the case can begin to be determined. When considering the value of your case you should also factor in loss of income, future loss of income, pain and suffering along with other potential damages claims. Until we have a full understanding of your medicals and treatment schedule we will not be able to assess the value of your case. As an attorney our job is to maximize these damages. What this means is that we fight to get you paid dollar for dollar on your medicals and future loss of care. Insurance companies and defense attorneys will work to minimize damages. They will always paint a much less serious picture in order to pay a minimum settlement.
Independent Contractor ClaimsIndependent contractors are those employed by contractors to perform certain work. Independent contractors are under the “control” of the party employing them. So what does an independent contractor have to do with your claim? Broadly speaking your own employer will not be liable if the injuries you sustained were caused by an independent contractor. However, not all parties qualify as a independent contractors. Depending on the degree of the relationship a employer employee relationship could be formed. Courts generally look at payment as a key factor. Method of payment can be indicative of the type of relationship between the parties. A key method of distinguishing between a independent contractor and agent/servant for the purpose of a personal injury claim is payment.
Learn more about your legal options by chatting with a representative now.Exceptions to the independent contractor were expressed in Lawrence v. Shipman and include “(1) the contract specifically directed the act that caused the injury, (2) the contract called for work that exposed others to ‘unusual peril’ , (3) an incompetent or untrustworthy contractor had been negligently retained, (4) the negligence of the employer and of the contractor led to the injury, (5) the negligence created a nuisance, or (6) the contract called for the performance of an illegal act.
Defective Product Resulting in Construction Site AccidentsIn certain cases your injuries are because of a defective product. Defective product cases essentially assess whether the product is defective. Products can be defective because of design, manufacturing or failure to warn. Most construction accident defect claims are because of design or manufacturing defects. In some rare cases they deal with failure to warn. Design defects are those that arise because a product is defectively manufactured from the start. This is because of some type of inherent flaw in the design. Manufacturing defects are those that occur during the production phase. Either because of machine or human error. Failure to warn defects are those that occur because the manufacturer failed to warn of some risk i.e. weight capacity. Each of these are a different type of defect, which can be found in construction equipment. A defective product can be dangerous to all users. When the product is defective it will cause the harm to both the user and those within the proximity of the product. Types of Construction Accidents: We have selected a few of the most common types of construction accidents. Here is a list for your review.
- Bulldozer accidents
- Crane tip-over accidents
- Cable snap injuries
- Negligent operation of a crane
- Cement mixer accidents
- Injuries caused by defective equipment i.e. nail guns and table saws
- Negligent use of dynamite
- Improper operation of a forklift
- Construction site electrocutions
- Traumatic brain injuries
- Eye injuries
- Hand injuries
- Hearing loss
- Broken femur
- Fractured tibia
- Ruptured spleen
- Spinal cord compression
- Compression fractures
- Mild traumatic brain injury
- Post traumatic stress
- Nerve damage
- Spinal cord injury