When do you need a construction accident attorney?
Do you need a construction accident attorney? Working at a construction site is one of the most dangerous jobs in America. This is because construction accidents kill or injure thousands of people every year. In fact, construction workers account for one in every five fatalities in the workplace.
Construction accidents may occur when workers fall due to weak support structures such as scaffolding, because of a distraction, or if something has not been properly put in place. No matter what the nature of your injury is, a worker is entitled to receive some form of compensation.
A construction accident lawyer will diligently pursue your claim and ensure that you are awarded money for any damage that you suffer.
Typical accident benefits
When you are injured on the job, you cannot – in most cases – sue your employer for work-related injuries. However, a third party could be legally responsible when you sustain an injury at the workplace. Even if a worker is injured because of his own recklessness, he/she can be compensated through the Workers Compensation Act.
Benefits, such as medical expenses and weekly payments, are awarded to injured workers. However, in many cases, these are not enough to cover the suffering and pain that is associated with on-the-job injuries. Weekly payments are usually based on a percentage of the worker’s weekly earnings as well as the severity of an injury: whether the injury is temporary or permanent.
Plus, this may not be enough to cover the amount of medical expenses and care of more serious work injuries.
Third party liability
Some circumstances assign liability to a 3rd party for on-the-job injuries. Contractors, owners, and architects can be held legally responsible for accidents that are caused by insufficient safety measures. Subcontractors and general contractors can also be held liable for accidents if they fail to provide proper safety provisions that ensure a construction site is reasonably safe.
They are obligated to:
- Coordinate job safety
- Check that safety precautions are followed
- Warn of possible hazards
- Hire employees who will exercise caution when working
Construction equipment manufacturers are responsible for maintaining and designing safe products. If they design defective products that cause injury to workers, they will be held liable. As with most equipment used on construction sites, the chance of being injured is great. However, if the right safety measures are not used in the manufacture of this equipment, the possibility of death or injury increases greatly. If an accident occurs because of defective equipment, you can sue the manufacturer.
Examples of equipment used at a construction site include power tools, cranes, scaffolding, tractors, forklifts, and boilers. Some of this equipment is so dangerous that a defect could cause instant death.
Hiring a construction accident attorney
It is best to hire an attorney early in the process to avoid making costly errors. The deadline for filing accident claims varies from one state to the next. Since you might need to pay medical bills and cover lost wages, the earlier you contact an attorney, the better. Normally, injured workers need to contact their attorneys within one or two weeks of the accident.
If an insurance company or a representative of your employer approaches you with a settlement offer, you should not sign it without first consulting a lawyer. This settlement may not be in your best interest if you have more financial losses and injuries that are not accounted for in the offer.
Are you looking for a construction accident attorney in Garden City, Wichita, El Dorado, or Manhattan? You need to get in touch with Brad Pistotnik Law by calling 316-684-4400 or reach Brad on his personal cell 316-706-5020. You can call Tony on his cell phone at 316-617-9237. We also work in Nebraska, Illinois, Missouri, Oklahoma, Texas, and have worked in Virginia, Arkansas, Colorado, New Mexico, Maryland and many other states.