If a construction worker gets hurt on the job, they should report their injury to their employer and seek immediate medical care. The injured worker should also consider hiring a Cape Girardeau construction accident attorney to seek fair compensation for medical costs and other damages.
Often, third-party negligence results in work injuries. In these cases, an attorney can take legal action against liable parties. An attorney will demand that those responsible for your construction injury pay you for both economic and non-economic damages.
Steps to Follow After a Construction Accident
When you contact a lawyer, they will have personalized advice about how to proceed. In the meantime, injured workers are usually best served by:
Accessing Medical Care as Soon as Possible
There are tens of thousands of non-fatal injuries in the construction sector each year. Each of these injuries is different in nature, severity, and symptoms. You need to see a doctor after your construction injury because:
- You may be at risk of serious health events until you get a thorough evaluation
- You need to know exactly what injuries you have suffered
- A doctor will explain the severity of your injuries and what treatments you will need
- Medical providers will help document your injuries for the sake of your case
While your lawsuit will be vitally important, nothing comes before your health. You should seek all the medical attention you need, knowing that a lawyer will demand compensation for healthcare costs.
Being Restrained in Statements to Your Employer, Insurers, and Liable Parties
One of the most common mistakes an injured worker can make is talking too much or talking to the wrong parties. Until you have a construction accident lawyer advising you, be as restrained as possible in making statements to:
- Your employer
- Anyone who contributed to your work accident
- Insurance companies
- Civil defense lawyers
Your attorney is the one you can talk to without constraint or concern.
Hiring a Construction Accident Lawyer as Soon as You Can
Your time may be in short supply as you seek medical treatment and deal with the fallout of your work injury. The sooner you hire a construction accident lawyer, the sooner you know that your case is progressing.
There are several reasons to hire your construction accident attorney as soon as possible, including filing your case before any filing deadlines expire.
Third-Party Negligence Can Be Grounds for a Lawsuit
The leading types of construction accidents are falls, being hit by a moving object, being caught in between dangerous objects, and electrocution. However, this is only a snapshot of the many hazards on construction sites. Your attorney will review the details of your construction accident and identify those whose negligence caused you harm.
You may sue liable parties for:
Producing Defective Vehicles
Construction sites often have passenger vehicles, heavy machinery, and other mobile equipment. Defects in any vehicle or machinery can cause serious injuries to workers and may be grounds for suing the manufacturer.
Manufacturing Defective Safety Equipment
Safety equipment is often the only protection between workers and severe injuries. When safety equipment proves defective, the victim may sue the manufacturer. Such defective equipment may include:
- Helmets
- Earplugs
- Harnesses
- Footwear
- Gloves
- Eye protection
If any equipment meant to keep you safe failed to do so, allow a construction accident lawyer to hold the liable parties accountable.
Making Defective Scaffolding or Other Platforms
Because falls are one of the leading causes of injury among construction workers, the dangers of defective platforms are worth mentioning. Workers often work at tall heights, and the platforms keeping them up must be of sound design and construction. Any lesser standard can result in catastrophic injuries and death.
Creating Any Other Condition That Led to Your Construction Accident
Your attorney will investigate how your construction accident happened and identify negligence by all liable parties.
In some cases, such as when an employer is uninsured, an injured worker can file a lawsuit against a negligent employer. A construction accident lawyer will review your unique circumstances and seek compensation in the most appropriate manner.
A Construction Accident Lawyer Will Lead the Legal Process for You
Injured workers should rest, see their doctors, and recover without distractions from their lawsuits. If you hire a construction accident lawyer, this will be your reality.
As you recover from your work injuries, your attorney will:
Establish Liability for Your Construction Accident
Your attorney must quickly identify who is liable for your construction accident. They will weigh all relevant information and witness accounts when establishing liability.
Secure All Evidence That Will Be Relevant to Your Case
Your attorney will secure every piece of evidence that speaks to how and why your on-the-job accident happened, including:
- Video footage from the construction scene, which may show the liable party acting negligently
- Eyewitness accounts of the event that led to your injuries
- An expert’s testament about whose failures caused the construction accident
- Photographs of the accident scene
- Any other evidence that can contribute to your financial recovery
If your employer or other parties are hesitant to provide evidence, a lawyer will take legal measures to secure the evidence nonetheless.
Develop a Strategy for Seeking Compensation
Injured workers seek compensation in multiple ways. Your lawyer will review your circumstances and explain whether you are eligible to file a lawsuit for your construction accident.
Obtain Documentation of Your Damages
Your lawyer will obtain evidence of every damage resulting from your construction accident. Important documentation may include:
- Medical bills for all accident-related injuries
- X-rays, CT scans, MRIs, and any other medical images of your injuries
- A doctor’s reports about the nature and severity of your injuries
- A medical expert’s prognosis for what kinds of medical care you will need in the future
- Proof of lost income and diminished earning power
- Invoices for any property expenses related to your construction accident
Your attorney may even have a mental health expert evaluate you for pain and suffering. This class of damages is important in many personal injury cases, even though pain and suffering can be complicated to calculate. Let a lawyer lead your case so every damage will count towards your financial recovery.
Contact Liable Parties to Negotiate a Settlement
Once your attorney has their case in order, they will prompt liable parties to negotiate a financial settlement. This process may occur over several stages, either in-person or remotely. Your attorney will oversee the negotiation stage from start to finish.
Take Further Legal Action if Necessary
Those who cause construction accidents do not always volunteer to pay their victims fairly. Construction accident lawyers often have to take legal action against the liable parties.
Your attorney will be prepared to:
- Draft and file a lawsuit against liable parties
- Engage in settlement negotiations before the case goes to court
- Bring your case to trial, if necessary
- Handle every step of the potentially complex trial process
Just because trials are relatively rare does not mean you should rule out a trial. Your attorney will put their best effort into securing a fair settlement. However, they will be ready for the possibility that liable parties will not offer a fair settlement. They’ll be ready for a trial.
Recoverable Damages in Construction Accident Cases
Your construction accident attorney will evaluate the economic and non-economic costs of your accident. This is the only way they can formulate fair settlement demands and secure the compensation you deserve.
Your recoverable damages may include:
Work-Related Damages
Your construction accident may cause:
- Lost income
- Inability to earn overtime or bonuses
- Lost earning power
- Loss of potential progress toward promotions
- Other professional harm
Construction accident lawyers understand how to evaluate your accident in the context of professional damages. They may work with an expert in your field to determine how your accident has negatively affected your livelihood.
Medical Expenses
Due to the prevalence of serious injuries in the construction industry, you should assume the worst when a construction accident occurs. Get immediate, in-depth medical treatment, and your lawyer will seek compensation for the following:
- Ambulance transport
- Emergency services
- Medical imaging
- Hospital services
- Rehabilitation
- Medications
- Doctors visits (including specialist appointments)
- All other medical services related to your construction accident
Your attorney will demand that liable parties cover every medical bill from your construction accident.
Pain and Suffering
Often, an injured worker’s most debilitating damages are not visible. Many of these damages fall under the umbrella of pain and suffering, which include:
- Stress
- Psychological distress
- Emotional anguish
- Anxiety
- Post-traumatic stress disorder (PTSD)
- Depression
- Sleep issues
- Substance use disorders
- Lost quality of life
Physical scars and other forms of disfigurement can also qualify as pain and suffering. Attorneys collaborate with mental health professionals to capture the full extent of the client’s pain and suffering.
Mental Health Treatment Expenses
Those who seek relief for their pain and suffering should not face the financial burden of treatment. Your attorney will include the cost of mental health treatment in your case for compensation.
A Loved One’s Wrongful Death
In a given year, around 1,000 construction workers in America can die from work-related injuries. Each of these tragic deaths is unique, and each deserves the full measure of justice.
A construction accident will seek justice if you have lost a loved one. They will seek compensation for:
- Funeral expenses
- Burial costs
- Any pain and suffering the decedent endured before passing away
- Surviving loved ones’ pain and suffering
- Loss of the decedent’s income and other types of financial support
- Loss of the decedent’s companionship (and certain other non-economic benefits)
- Loss of the decedent’s household services
Pain and suffering is usually the most prominent type of damage in wrongful death cases. Leave the documentation of damages to your lawyer, as you deserve to focus on recovery.
Picking the Right Construction Accident Lawyer for Your Case
You may need guidance in choosing a construction accident lawyer who will prioritize you and demand a fair financial recovery. Try looking for a law firm that:
- Has impressive results: Many law firms present case results on their websites. These results can inform you how capable a law firm is of obtaining large settlements and verdicts. Pay close attention to how many trial verdicts the firm has secured. Many results may prove that the firm will take your case to trial if necessary.
- Has represented many car accident victims: Car accidents should be an important area of focus for the law firm you hire. By reviewing case results, firm branding, and practice area pages, you may see how prominent car accident cases are in the firm’s portfolio of practice areas.
- Has the support of its former clients: Former clients’ reviews can shed light on any law firm you are considering hiring. Finding an even-handed review forum (such as Google) will give you insight into the law firm’s strengths and possible weaknesses.
- Offers free consultations (and gives a good first impression): You should not hire a law firm without having an in-depth conversation with their representatives first. Fortunately, most car accident attorneys offer free consultations, allowing you to get to know the firm before you hire it.
You should ask any question on your mind during the consultation. If the law firm is patient and willing to answer questions transparently, this may instill confidence about how the firm will handle your case.
The No-Risk Fee Structure Used by Construction Accident Attorneys
Construction accident lawyers usually use contingency fees in each of their cases. These fees mean:
- The construction accident victim does not have to pay any upfront compensation to the law firm
- The firm pays the cost of completing the claim or lawsuit
- The client agrees to pay the firm a fair percentage of any financial recovery
- The law firm must secure compensation for the client to receive its fee
This structure means you can hire a construction accident lawyer today at no out-of-pocket cost. Do not wait.
Once you have your free consultation, you can focus on your physical recovery without wondering how to seek compensation. Your construction accident lawyer will handle every step of the legal process, so seek assistance today.