Small Business Blog

Construction Accidents Litigation Can Take Years

The construction worker’s job is one of the most dangerous jobs in the world. In the United States alone, more than 1,000 deaths and around 500,000 injuries are construction-site related. Even with this fact, every construction worker deserves to get a safe environment to work in. Not only that. His family also deserves to ask for compensation when the workplace, the equipment, the subcontractors and other parties involved are proven to have failed in employing safety practices.  

You must know that the laws regarding workers compensation can vary, depending on the state. For instance, in Pennsylvania, the employer cannot be held liable for negligence if he gives just worker’s compensation benefits and if the worker agrees with it. Of course, if the worker was intentionally injured, that is another matter entirely. The injured worker has the right to sue third parties for punitive damages having to do with the injury. Regarding third parties, the laws also differ a bit for New Jersey and New York. Third parties may be:

  1. Companies providing the faulty equipment
  2. Project architects
  3. Engineering firms
  4. Manufacturers of explosive devices
  5. Subcontractors

What are the causes of construction site accidents?

Different kinds of construction accidents occur and the types vary depending on the work involved.

  1. Ironworkers are can get injured during material handling, decking operations and even through falls off ladders.
  2. Masons usually get involved in accidents because of poor construction of scaffoldings
  3. Laborers are commonly affected by various causes of injuries because of lack of training and experience on their part, compared with professionals who are adequately trained.
  4. Electricians get injured when working with scissor lifts. Plus, lockout-tag out procedures and faulty power lines are also common reasons.
  5. Failure to use the right Personal Protective Equipment (PPE) is another main cause of many construction-related injuries.

What is included in compensation coverage?

Worker’s compensation benefits are simply not made to magically put back together again the injured party. These benefits are restricted by what the state has prescribed. Plus, compensation benefits usually cover instant medical costs and give the injured worker wage replacement until such time when he is deemed fit enough to return to work or find another form of employment that suits him. On the other hand, the injured party cannot sue the company directly. A lot of the statutory compensation terms include:

  1. Coverage for medical bills (tests, treatment for pain, medications, surgeries)
  2. Coverage for the earning capacity
  3. Ample financial security for the family in case of death

How a Construction Accident Lawyer Can Help

Because actual laws differ from state to state, it is crucial that the legal counsel you look for is licensed to practice in the state you got injured in or where the policy is covered. Victims of construction accidents may not get a phone call from an insurance adjust for claim processing. What this means is you have to do your part to find a competent accident lawyer in Morris Heights to evaluate the intricacies of the construction contracts, the IOSHA and the OSHA regulations, and the insurance terms and conditions if you want to get more than the usual coverage of the worker’s compensation benefits.

Individuals who incur accident injuries in New York City on the job may have been on a vehicle plying public roads. In these cases, an experienced vehicle accident lawyer in Westchester, well versed in workers compensation laws, can be the best attorney to litigate the claim. Many law firms in Kingsbridge say the litigation for construction accidents may take years to complete. If there are other cars involved, the motor accident lawyer in White Plains may ask for upfront retainer fees because litigation takes very long.

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One Response to “Construction Accidents Litigation Can Take Years”

  1. On September 19, 2012 at 8:11 am Geruest responded with... #

    this is a serious problem today but we can actually prevent that one if we have a good quality materials just like what they sell in here Geruest

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