A construction site is an inherently dangerous environment, where workers are constantly exposed to various risks resulting in serious injuries. Legal assistance is crucial for construction accident victims to navigate the complexities of their case, ensuring they receive the compensation they deserve.
Seeking the expertise of a specialized construction accident lawyer can make a significant difference in the outcome of a legal claim, providing victims with the support they need to recover and move forward.
Why Choose Rosenfeld Injury Lawyers for Your Construction Accident Case
At Rosenfeld Injury Lawyers, our legal team has extensive experience and expertise in handling construction accident cases. Our attorneys are well-versed in the complexities of construction law and have successfully represented numerous clients.
Notable cases include multi-million dollar settlements and verdicts that have helped our clients recover from their injuries and secure their futures. Our firm’s high success rate is a testament to our dedication and skill in achieving favorable outcomes for our clients.
Fatal fall injuries
Fatal crush injuries
Fatal roof fall
Fatal skylight fall
Electrical burn injury
Ladder fall injuries
Our construction accident lawyers believe in developing personalized legal strategies tailored to each client’s unique circumstances. Our client-centered approach ensures we thoroughly understand your situation and legal needs, allowing us to craft a plan that maximizes your chances of success. This personalized attention helps us build strong cases, negotiate effectively, and represent you passionately in court.
Understanding Construction Accidents
Construction accidents are unfortunately common, and understanding their causes and consequences is essential for improving safety measures and ensuring justice for victims. By examining construction accident statistics, we can gain valuable insights into the most common hazards and the impact they have on workers and their families.
- 21,400 nonfatal workplace injuries were sustained by construction and extraction workers.
- Construction workers accounted for 96 of the 345 fall-related deaths in workplaces.
- Hispanic construction worker fatalities increased by almost 90% between 2011 and 2019.[1]
- In 2022, private industry employers reported 2.8 million nonfatal workplace injuries and illnesses.
- Among construction and extraction workers, there were 21,400 nonfatal injuries reported.
- Falls, slips, and trips accounted for a significant number of injuries, with construction workers experiencing 96 of the 345 total fall-related deaths in workplaces. [2]
Causes of Construction Accidents
A construction accident can occur due to a variety of factors, many of which are preventable. Understanding these common causes is crucial for implementing effective safety measures and reducing the risk of injury. Some of the primary causes include:
- Negligence: Often, accidents occur because of negligence by employers or coworkers. This can include failing to follow safety protocols, improper use of equipment, or ignoring safety warnings.
- Faulty Equipment: Defective or poorly maintained equipment is a significant cause of construction accidents. When machinery or tools fail, they can cause severe injuries to workers using them or nearby.
- Inadequate Safety Measures: Lack of proper safety measures and protocols can lead to hazardous situations. This includes insufficient signage, lack of protective barriers, and failing to provide personal protective equipment (PPE).
- Lack of Training: Proper training is essential for ensuring workers are aware of how to perform their tasks safely. With adequate training, workers know how to handle equipment or recognize hazards that can lead to accidents.
- Hazardous Working Conditions: Construction sites are often inherently dangerous due to the presence of heavy machinery, high structures, and hazardous materials. Unsafe working conditions, such as exposed wiring, unstable scaffolding, and slippery surfaces, can significantly increase the risk of accidents.
OSHA’s Fatal Four
The Occupational Safety and Health Administration (OSHA) identifies four leading causes of fatalities in the construction industry, known as the “Fatal Four.” These are responsible for the majority of construction accident fatalities and highlight critical areas for safety improvement:
- Falls: Falls are the leading cause of fatalities in construction, accounting for a significant percentage of fatal construction accidents. This includes falls from heights, such as scaffolding, ladders, and roofs. A slip and fall attorney can provide the necessary legal support for workers affected by such incidents.
- Struck by Object: This includes workers being hit by flying, falling, or swinging objects, such as tools, debris, or vehicles.
- Electrocutions: Electrocutions occur when workers come into contact with live electrical circuits or equipment, posing a high risk of fatality.
- Caught-in/between: This includes incidents where workers are caught in or compressed by equipment or objects, or struck, caught, or crushed in collapsing structures, equipment, or materials.
Common Construction Accident Injuries
Construction workers face numerous hazards daily, leading to a wide range of potential injuries. These injuries can vary in severity, from minor cuts and bruises to life-altering conditions that impact a worker’s ability to perform their job.
Some of the most frequent injuries include fractures, spinal injuries, traumatic brain injuries, burns, and amputations. Each of these injuries not only affects the victim physically, but can also lead to significant emotional and financial burdens.
For construction workers dealing with the long-term effects and disabilities resulting from severe injuries, securing legal assistance is vital. A construction site injury lawyer can advocate for their rights, ensuring they receive the necessary financial support to manage their medical care, rehabilitation, and overall well-being.
Types of Cases Handled by Our Construction Injury Lawyers
At Rosenfeld Injury Lawyers, we handle a wide range of cases involving construction site accidents. Our experienced attorneys are dedicated to helping victims of construction accidents get the compensation they deserve. Below are some of the specific types of cases we handle.
By specializing in these areas, our construction accident attorneys are well-equipped to handle the complexities of construction accident claims, ensuring victims receive the justice and compensation they deserve.
Liability in Construction Accident Cases
In construction accident cases, determining liability is crucial for ensuring victims receive appropriate compensation for their injuries.
Various parties can be held liable, depending on the circumstances surrounding the accident, so our construction accident lawyers will look into the following:
- Construction Site Owners: The owners of the construction site can be held liable if they fail to maintain a safe environment or neglect to address known hazards. Their liability depends on their control over the site and their involvement in day-to-day operations.
- General Contractors: General contractors oversee the entire construction project and are responsible for ensuring all safety regulations are followed. They can be held liable if they fail to enforce safety protocols or supervise subcontractors properly.
- Subcontractors: Subcontractors are responsible for specific tasks within the construction project. They can be held liable if their negligence or failure to follow safety standards causes an accident.
- Prime Contractors: Similar to general contractors, prime contractors are responsible for specific segments of a construction project. They can be held liable for accidents resulting from their negligence or failure to ensure a safe working environment.
- Architects and Engineers: These professionals can be held liable if their design or planning errors contribute to a construction accident. This includes faulty structural designs or inadequate safety measures in their plans.
- Equipment Manufacturers: Manufacturers of construction equipment can be held liable if their products are defective and cause an accident. This includes faulty machinery, tools, or safety equipment. Product liability attorneys can help in holding these manufacturers accountable.
- Retailers and Wholesalers: Retailers and wholesalers that supply defective construction equipment can also be held liable for accidents resulting from their products.
- Third Parties: Any other parties involved in the construction process, such as suppliers or transportation companies, can be held liable if their actions or negligence contribute to an accident.
Liability in construction accident cases is based on negligence. To establish liability, a construction accident lawyer must be able to prove the following elements:
- Duty of Care: The defendant owed a duty of care to the plaintiff. In construction cases, this means adhering to safety regulations and standards to protect workers and others on the site.
- Breach of Duty: The defendant breached this duty by acting negligently or failing to act. This could involve not providing adequate safety training, failing to maintain equipment, or ignoring safety protocols.
- Causation: The breach of duty directly caused the plaintiff’s injuries. There must be a clear link between the defendant’s negligence and the accident.
- Damages: The plaintiff suffered actual damages, such as medical bills, lost wages, pain and suffering, or other losses due to the accident.
Determining liability in construction accident cases often involves thorough investigations. Our construction accident attorneys will be looking at:
- Accident Reports: Detailed reports of the accident, including witness statements and photographs.
- Safety Inspections: Reviewing past safety inspections and any violations noted.
- Expert Testimony: Testimony from industry experts to establish standard practices and identify deviations.
- Equipment Analysis: Examination of the equipment involved to identify defects or improper maintenance.
- Contract Review: Reviewing contracts between the various parties to understand their responsibilities and duties.
By carefully examining these factors, your construction accident lawyer can determine which parties are liable and to what extent. This will ensure you receive the compensation you deserve for your injuries and losses.
Legal Avenues for Injured Construction Workers
At Rosenfeld Injury Lawyers, we are dedicated to helping injured construction workers navigate the complex legal landscape to secure the compensation they deserve. Our experienced attorneys can assist with filing various types of construction accident lawsuits, ensuring all legal avenues are explored to support our clients’ recovery.
Workers’ Compensation Benefits
Workers’ compensation is a form of insurance providing benefits to employees who suffer work-related injuries or illnesses. The benefits typically include coverage for medical bills, rehabilitation costs, and a portion of lost wages during recovery. Workers’ compensation benefits are designed to provide prompt financial support to injured workers without the need for litigation.
To file a workers’ compensation claim, an injured worker must:
- Report the injury to their employer as soon as possible.
- Seek medical attention and obtain documentation of the injury.
- File a claim with their employer’s insurance provider.
While workers’ compensation offers essential benefits, it has limitations. It generally does not cover pain and suffering or punitive damages. Additionally, workers’ compensation benefits may be limited in amount and duration. In cases where the injury resulted from severe negligence or misconduct by a third party, workers’ compensation attorneys might be necessary to secure the total compensation needed.
Personal Injury Lawsuits
In some circumstances, construction accident victims can file a personal injury claim. This is typically an option when the injury is due to the negligence of a third party (not the employer), such as contractors, equipment manufacturers, or property owners.
The main difference between workers’ compensation and personal injury claims is that workers’ compensation provides limited benefits regardless of fault and generally does not cover non-economic damages such as pain and suffering, while a personal injury lawsuit requires proof of negligence but can provide a broader range of damages, including medical bills, lost wages, pain and suffering, and punitive damages.
Our personal injury attorneys can help navigate these claims and ensure victims receive full compensation for their injuries.
The types of damages awarded in personal injury claims include:
- Medical bills: Full coverage for all medical treatment related to the injury.
- Lost Wages: Compensation for the time the victim is unable to work due to the injury.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Punitive Damages: In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar conduct.
A construction site accident attorney from Rosenfeld Injury Lawyers will assess your case, gather the necessary evidence, and advocate for your rights to ensure you receive the financial compensation you deserve.
Wrongful Death Claims
When a construction site accident results in the death of a worker, surviving family members can file a wrongful death claim. This legal action is intended to compensate the family for their loss and hold the responsible parties accountable.
Typically, the following individuals can file a wrongful death claim:
• Spouses
• Children
• Parents
• Other dependents or beneficiaries, depending on state laws
Types of compensation awarded in wrongful death claims include:
- Funeral and Burial Expenses: Coverage for the costs associated with the funeral and burial.
- Loss of Income: Compensation for the financial support the deceased would have provided.
- Loss of Companionship: Compensation for the emotional loss and loss of consortium.
- Medical Expenses: Coverage for medical costs incurred before death.
- Pain and Suffering: Compensation for the pain and suffering experienced by the deceased prior to death.
Wrongful death claims are complex and emotionally charged. Legal representation by a wrongful death attorney is crucial to navigate these cases effectively, ensuring the family receives fair compensation and justice for their loved one’s death.
What to Do Following a Construction Site Accident
Experiencing a construction accident can be overwhelming, but taking the proper steps immediately afterward is crucial for your health, safety, and legal rights. Here are 5 steps to take following a construction accident:
You Have a Limited Time to File a Legal Claim
It is crucial to act promptly after a construction accident due to the statute of limitations for filing legal claims.
These time limits vary by state and can range from one to six years. Failing to file within the statute of limitations can result in losing your right to seek compensation. The construction accident lawyers at Rosenfeld Injury Lawyers have a national reach, enabling us to assist clients in different states.
Our experienced team can provide specific advice based on your location, ensuring you take timely action to preserve your legal rights.
Contacting us as soon as possible is essential so we can gather evidence, build your case, and file your claim within the required timeframe.
How a Construction Injury Lawyer Can Help
At Rosenfeld Injury Lawyers, we offer comprehensive legal services to assist injured construction workers. Our experienced team is dedicated to securing the best possible outcomes for our clients through meticulous investigation, evidence gathering, negotiation, and, if necessary, litigation. This comprehensive approach helps establish the facts, identify liable parties, and build a robust case for compensation.
The Cost of Hiring a Construction Accident Lawyer
At Rosenfeld Injury Lawyers, we understand the financial burden of a construction accident can be overwhelming. To ensure legal representation is accessible to all injured workers, we operate on a contingency fee basis. This means you do not have to worry about upfront legal fees, and our attorneys get paid only if you receive compensation.
Our contingency fee arrangement allows you to hire a construction accident attorney without paying any upfront costs. Instead of an hourly rate, the lawyer’s fee is a percentage of the settlement, jury award, or verdict obtained in your case. This type of fee structure is designed to provide access to legal services for those who might not be able to afford them otherwise.
At Rosenfeld Injury Lawyers, we believe in transparent communication about legal costs. During your initial free consultation, we will explain our contingency fee policy in detail so you know exactly what to expect. We aim to make the legal process as transparent and stress-free as possible, allowing you to focus on your recovery.
Contact an Experienced Construction Accident Attorney Today!
If you or a loved one has been injured in a construction accident, don’t wait to seek the justice and compensation you deserve. At Rosenfeld Injury Lawyers, our experienced legal team is dedicated to fighting for the rights of injured workers. We understand the complexities of construction accident cases and are committed to providing personalized, effective legal representation.
Contact us today for a free, no-obligation consultation. We will evaluate your case, answer your questions, and discuss your legal options. With our contingency fee policy, you pay nothing unless we win your case. This ensures you can focus on your recovery while we handle the legal complexities. Our team has a proven track record of securing significant settlements and verdicts for our clients. Let us put our experience and expertise to work for you.
Call us at (888) 424-5757 or fill out our online contact form to schedule your free consultation. Let us help you navigate the path to recovery and secure the justice you deserve.
Related Practice Areas
- Indiana Construction Accident Lawyer
- Kentucky Construction Accident Lawyer
- Michigan Construction Accident Lawyer
- Missouri Construction Accident Lawyer
- Wisconsin Construction Accident Lawyer
Resources: [1] OSHA, [2] Bureau of Labor Statistics