Working in the construction industry is one of the most dangerous occupations. You need the ability to work in a fast-paced environment with heavy equipment, machinery, and materials. Construction also involves working at elevated heights and outdoors in all kinds of weather conditions. In some cases, no one is at fault.
However, some injuries and fatalities happen due to third parties like contractors, engineers, product manufacturers, etc. This is why anyone injured on a construction site due to the negligence of another party is eligible for compensation. However, these cases tend to be complicated as they could involve more than just workers’ compensation benefits.
That’s why it’s advisable to hire a competent Brockton construction injury lawyer such as those at Robert Shea. Our team is dedicated to helping our clients’ fight for their rights when it comes to personal injury. Call us today at 508-506-5681 for a free initial consultation.
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Common Construction Accident Injuries
There are many causes of injuries on construction sites. Some of them are easy to spot, but others are less obvious. Knowing the common accidents will not only help you prevent injury but also identify any injuries you may have already sustained. Here are some of the common causes of construction injuries:
Falls are the most common causes of injuries in construction sites. Workers are constantly at risk of falls from roofs, cranes, ladders, scaffolding, and other heights. If you sustain injuries from a fall while at work, you can file a workers’ comp claim and even a personal injury lawsuit against your boss or the party responsible.
Heavy machinery used in construction can also be hazardous. A forklift, for example, can fail to work correctly, a nail gun might misfire or a dumpster could fall over. If heavy machinery is dangerous or unsafe and caused your injuries, it’s advisable to consult a personal injury lawyer as soon as possible as you’re eligible for a claim.
Workers are also at risk of being hit by falling items, including construction materials and tools used above the worker. This can lead to brain and spinal injuries, even when the person is wearing safety equipment like hardhats.
Who Can Be Found Liable For A Construction Accident?
Liability refers to who is responsible for the accident and therefore owes the victim compensation. Depending on the circumstances, the following could be liable for a construction accident:
Construction Site Owners
The landowner can be held liable for a construction accident. However, their liability depends on how much control they have over the site.
General contractors are mandated by the law to make sure the construction site and workers are safe. They are also obligated to make sure all work being done is conducted in a safe manner and that all hazards are identified. This duty ideally involves hiring capable and competent workers.
Engineers and Architects
Professionals responsible for designing what’s being built are obligated to ensure that the structure is safe and practical. Architects and engineers possess numerous responsibilities such as ascertaining the project meets safety codes. If design safety standards are overlooked and an accident occurs, the engineer or architect can be held liable.
Machinery and Equipment Manufacturers
If the poor design or a defective machine causes injury in the construction site, the manufacturers can be held responsible for the accident.
What Damages Can I Get From A Construction Accident Attorney?
There are four types of damages that can be awarded from a construction site accident:
These compensate the victim for any financial losses incurred from the injury. These are calculable damages and losses that can be assigned a monetary value like:
- Current and future medical bills
- Out of pocket expenses like household expenses
- Lost wages
- Therapy and rehabilitation costs
- House modifications due to the injury
These compensate the victim for the non-monetary damages resulting from the injury. These include mental anguish such as anxiety and trauma, pain and suffering, as well as a loss of companionship. Also referred to as non-economic damages, non-pecuniary damages are hard to prove and calculate, one of the reasons it’s important to work with a competent construction accident lawyer.
Wrongful Death Damages
If your loved one was fatally injured as a result of a construction site accident, you’re eligible to file for wrongful death damages. These include pain and suffering experienced before the death of the loved one, your emotional distress, medical bills accrued before their passing, and funeral & burial expenses. You can also sue for damages like loss of inheritance, financial contribution, and even loss of companionship.
You can also ask for punitive damages if the party responsible recklessly or purposefully caused the accident through things like fraudulent behavior or physical assault. These damages are awarded to punish the responsible party and discourage others from engaging in similar behavior.
How Can A Lawyer Help My Construction Accident Claim?
As you already know, a lawyer is vital when it comes to seeking compensation for injuries sustained while at work. A competent lawyer will help you seek compensation by doing the following:
Preparing the Case
They will gather all the required evidence and file the necessary paperwork in order to make a solid case.
Negotiate the Settlement
More often than not, insurance companies and the party at fault will want to come to a fair agreement without the involvement of a judge. Your lawyer will exercise their negotiation skills to ensure you are fairly compensated.
Trial Preparation & Representation
If you don’t come to an agreement in the negotiation stage, your lawyer will go ahead and prepare your case for trial. They will work hard to fight for your rights in front of the judge or jury.
How Long Do I Have To File A Claim?
The statute of limitations for construction site injury claims in Massachusetts is 3 years from the date of the accident.
Contact Our Brockton Construction Injury Lawyers Today
Construction work is one of the most dangerous occupations in the United States. According to Occupational Safety and Health Administration (OSHA), hundreds of people die each year in this industry, with tens of thousands sustaining severe injuries. In 2019, 20% of all work-related deaths in the country happened in the construction industry.
Injuries sustained in a construction site can be life-changing or even fatal. If your injury happened in Massachusetts, contact the Law Office of Robert C. Shea today at 508-506-5681. Our team will schedule an initial free, no-obligation consultation and go through your legal rights and options.