The Detroit-Warren-Dearborn Metropolitan Statistical Area has approximately 66,140 construction workers employed both as general laborers and in specialty trades [1]. Unfortunately, a construction site is full of hazards that can easily lead to accidents.
Our Southfield construction site accident lawyers are devoted to assisting injured workers in recovering fair compensation through a variety of legal avenues, always considering the full context of the case.
Why Hire Rosenfeld Injury Lawyers
Opting for Rosenfeld Injury Lawyers for your construction accident case means choosing a firm dedicated to securing the maximum compensation you deserve. With Rosenfeld Injury Lawyers, you benefit from personalized attention, expert legal guidance, and a proven track record of successful outcomes, providing you with the best possible chance for a secure financial future.
Fatal fall injuries
Fatal crush injuries
Fatal roof fall
Fatal skylight fall
Electrical burn injuries
Ladder fall injuries
Our experienced attorneys specialize in construction accident cases and are adept at identifying all liable parties and negotiating with insurance companies. We are relentless in our pursuit of justice, ensuring that you receive compensation for medical bills, lost income, rehabilitation costs, and pain and suffering.
Determining Liability in Construction Accidents
A skilled construction accident attorney may hold several different parties accountable depending on the specifics of the case and what type of compensation is being pursued. Common liable parties include the following.
- Construction Companies – Injured construction workers can recover workers’ compensation benefits regardless of who is liable for the accident. However, if the construction company fails to provide a safe work environment, and this negligence results in serious injuries, your Southfield construction site injury attorney may pursue personal injury claims instead of going through workers’ compensation.
- Third Parties – These are claims made against someone other than your employer. Our Southfield construction site injury attorneys would pursue compensation from their insurance or personal policy.
- Property Owners – The property owner of a job site is required to create a safe environment and communicate all hazards, such as live power lines. If they fail to do so, Southfield construction injury lawyers can file a personal injury lawsuit against them.
- Contractors – General contractors, subcontractors, and prime contractors must adhere to all safety regulations, just as a construction company must. If they fail to do so, a Southfield construction site attorney can hold them liable.
- Product Manufacturers – When construction site injuries are due to mechanical failures or product defects, then the maker of that equipment is open to a product liability lawsuit. An attorney can assist in ascertaining how an equipment failure led to the accident.
How Our Southfield Construction Accident Attorneys Can Help
Legal representation by accomplished Southfield construction accident attorneys will make the process easier, as we have the experience, resources, and training necessary to recover compensation.
As every other party in a construction accident lawsuit is seeking to reduce their liability, an injured worker without the assistance of good legal representation may find themselves receiving far less than what their case is worth.
A personal injury lawyer from our law firm can assist construction workers with each step of the process, which includes the following.
- Gathering Information – During your free consultation, our Southfield construction site accident attorneys will gather the basic facts of the case.
- Case Evaluation – We will identify whether we believe you have a case and how much it may be worth.
- Claim Investigation – A Southfield construction site accident lawyer will thoroughly investigate all the facts of your case to determine liability.
- Determining Case Type – Using state and federal law, we will assess what type of case you have.
- Filing a Claim – During this step, your attorney will notify the other parties that we will be seeking compensation.
- Discovery Process – Our Southfield construction site injury lawyers will gather and share information with the other parties.
- Collecting Evidence – We will rely on experts in the construction industry, as well as our network of other professionals, to gather compelling evidence to support your claim.
- Negotiations and Mediation – Skilled negotiators from our firm will work to reach a satisfactory conclusion with the relevant insurance company.
- Settlement – In many cases, your Southfield construction site injury lawyer will achieve a settlement without going to trial.
- Court Representation – If it is necessary, your Southfield construction accident attorney will file a lawsuit on your behalf.
- Going to Trial – We will guide you through the court process, providing clear evidence that proves liability.
Types of Cases Our Southfield Construction Accident Lawyers Handle
A Southfield construction site accident attorney can assist with a variety of cases, including those identified by the Occupational Safety and Health Administration as the “fatal four:” falls from height, struck by, caught-in/between, and electrocution [2].
Additional cases we can assist with include:
- Slips and trips
- Scaffolding falls
- Fires and explosions
- Mechanical failure
- Chemical spills
- Occupational diseases
- Falling objects
- Hazardous material exposure
- Strains and overexertion
Most Common Construction Accident Injuries
Construction has one of the highest fatality rates of any industry, at about 10 deaths per 100,000 workers [3].
Of the 139 occupational fatalities in Michigan in 2022, 28 of them were in construction [4]. Additionally, Michigan has a non-fatal accident rate of 2.8 per 100 workers, higher than the US rate of 2.7 [5].
Accidents related to construction jobs often result in severe injuries, including but not limited to:
- Bone fractures
- Head injuries
- Spinal cord injuries
- Burns
- Hearing loss
- Eye injuries
- Sprains and strains
- Back injuries
- Knee and ankle injuries
- Paralysis
- Amputations
- Death
Most Common Causes of Construction Site Accidents
Common causes of construction accidents include:
- Lack of fall protection
- Safety equipment failures
- Failure to communicate hazards
- Poor training
- Lack of personal protective equipment
- Improperly positioned ladders
- Unsecured construction materials
- Spills
- Inadequate cordoning of construction sites
- Lockout/Tagout procedures
- Scaffolding collapses
- Excessive loading of machines
- Poor machine maintenance
Do You Have a Construction Accident Case in Southfield, MI?
Whether you have a case depends on what type of claim you are pursuing and the circumstances of the accident. If you want to pursue a personal injury lawsuit, you must prove negligence, which consists of these factors:
- Duty of Care – The liable party had a responsibility to act with due caution and avoid safety concerns.
- Breach of Duty – This person or entity failed to uphold their duty of care to the injured party.
- Causation – The construction worker would not have been harmed if this breach of duty had not happened.
- Damages – You suffered losses as a result of this breach of duty, such as medical bills and lost wages.
Evidence that can be used to prove this liability can include eyewitness testimony, photos, videos, medical records, and incident reports.
Additionally, proving negligence by a construction company often relies on reviewing the Michigan Occupational Safety and Health Administration (MIOSHA) standards. The Michigan State Safety Plan applies to workers throughout construction, including marine construction, and requires employers to follow federal regulations to protect workers. Employers are required to report any accidents to MIOSHA as soon as possible.
Specific safety measures related to construction include the safe use of boilers, proper signage, lock-out/tagout procedures, and the use of hazardous chemicals [6]. MIOSHA imposes fines for identified violations, which may be up to $7,000 for each violation or up to $70,000 maximum for repeat violations. Gathering these standards, as well as any reports of previous violations, can be a key piece of evidence.
If you are seeking workers’ compensation for your construction accident, then it is not necessary to prove negligence.
Legal Avenues You Can Pursue Following a Construction Accident
Many construction workers believe their only recourse is workers’ compensation, but this is not true. Workers and their families can seek fair compensation through three different avenues.
- Workers’ Compensation – This is provided to a construction worker through their employer’s insurance and is meant to cover medical bills, as well as a portion of lost wages. There is no need to prove fault, but a workers’ compensation claim will also not provide pain and suffering compensation.
- Personal Injury Cases – These claims are typically made against a third party rather than the employer and do require proof of negligence. However, they are more comprehensive and will provide compensation for things like pain and suffering or loss of enjoyment of life.
- Wrongful Death Lawsuit – A wrongful death claim will be filed by a Southfield construction injury attorney when a worker suffers catastrophic injuries that lead to death. It also requires proof of negligence but can provide additional benefits over workers’ compensation, including funds for funeral expenses and for loss of companionship.
During your free case review, your construction accident lawyer will examine which would be the best option for your circumstances.
Damages You Can Recover Following a Construction Site Accident
The types of damages you can recover depend on what type of case you pursue. You may receive this either through the insurance company or through a court case, though your Southfield construction injury lawyer will always seek to settle with insurance first. There are three types of damages:
- Economic Damages – These are for the financial losses associated with the accident and will reimburse you for things like medical expenses or time off work. They can be pursued through a third-party claim or through workers’ compensation, in which case the applicable insurance will pay.
- Non-Economic Damages – When you file a personal injury claim or wrongful death lawsuit, you may receive damages meant to compensate for the emotional losses of the loss, like grief, pain, and disability.
- Punitive Damages – This is an additional penalty meant to punish the wrongdoer in a civil suit and is done at the court’s discretion.
The Statute of Limitations for Your Southfield, Michigan Construction Accident Case
It is crucial to understand the statutes of limitations relevant to your case, as this will determine how long you have to pursue compensation. The applicable timeframes include:
- Personal Injury – 3 years after injury, or 3 years after death in the case of wrongful death
- Workers’ Comp – 2 years to file the original claim
- OSHA Complaints – Within 6 months of the injury or concern
Contact an Experienced Southfield Construction Accident Lawyer Today!
Construction sites are hazardous, and accidents can result in significant injuries that disrupt your life and livelihood. Our attorneys specialize in handling construction accident claims, bringing extensive knowledge of the industry’s regulations and safety standards. Our accomplished Southfield construction injury attorneys work hard to ensure those harmed in a construction accident receive the compensation they deserve. We have earned millions for our clients and work on a contingency fee basis.
Contact our Michigan construction accident lawyers at (888) 424-5757 or through our online form to schedule your free consultation today.
References: [1] Bureau of Labor Statistics, [2] Occupational Safety and Health Administration, [3] Construction Dive, [4] Bureau of Labor Statistics, [5] Bureau of Labor Statistics, [6] Occupational Safety and Health Administration