On a construction site, employees must take safety precautions against on-the-job hazards. A construction site is a dynamic place, with many workers, subcontractors, inspectors, and hazards. Often, builders responsible for the site fail to take the necessary steps to prevent injury.
If you or a loved one were injured in a construction accident, it is best to seek help from a skilled legal professional. A Bloomington construction accident lawyer can investigate the accident, collect evidence, and speak to witnesses to help prove your case. A determined personal injury attorney could look over your case and guide you through the process of seeking recovery.
Types of Construction Accident Injuries
Construction sites are full of large, heavy building materials and machinery, and injuries sustained can be devastating. Some common construction site injuries include:
- Amputation
- Broken bones
- Burns
- Concussions and brain trauma
- Crushing injuries
- Electrocution
- Falling harm
- Spinal cord injuries or paralysis
While an injured person should seek the care they need, treatment can result in expensive medical bills. In severe cases, an injury could prevent an individual from being able to continue working, resulting in lost wages. In Bloomington, an attorney could help a construction accident victim seek compensation for these losses.
Who is at Fault if I was Injured at a Construction Site?
When an injury happens at a construction site there could be a number of people or businesses who may be responsible for injuries including contractors, subcontractors, property owners, or manufacturers of defective equipment. The facts of every case are different and an experienced personal injury lawyer can help you understand your options and who may be responsible for causing your injuries.
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I was Injured at work, Can I Sue my Employer?
If you are injured at work you may have a claim under the Worker’s Compensation Act. This technically is not a lawsuit against your employer but is a system where you can request compensation for your injuries, including lost wages and medical bills. In some instances there may also be a claim against other individuals or companies if they caused or contributed to your injury. In those cases you may both have a civil claim and a worker’s compensation claim. If you’ve been injured in a construction accident you should consult with an experienced personal injury lawyer to find out your options.
Liability in Construction Accidents
Since there are many different entities involved in construction, it can be challenging to determine which party is responsible for the injuries suffered. Some of the potential defendants include the landowner, construction companies, contractors, subcontractors, project managers, and product, machine, or tool manufacturers.
In the course of their job, if an employee of one of these entities causes an injury, the entity itself can be held liable for the injury. Identifying the correct defendant or defendants is key to a successful case. A knowledgeable Bloomington lawyer could help investigate your case and determine who was responsible for the construction hazard.
Hazards include malfunctioning or improperly maintained equipment, inadequately trained employees, lack of safety equipment, or carelessness. Carelessness, known in legal terms as negligence, can be the basis for a civil personal injury lawsuit.
Understanding Negligence
Negligence is a party’s failure to exercise reasonable care under the circumstances. To recover under a negligence theory, the plaintiff must prove four elements to a court.
A defendant must have a legal duty to not cause harm to the plaintiff, which they breached. Furthermore, the plaintiff must demonstrate that they were injured and that the defendant’s breach of duty was a proximate cause of the plaintiff’s injury.
A victim could potentially recover compensation for medical expenses, lost wages, and damages for the emotional trauma and physical pain they experienced. If the injury was catastrophic, a plaintiff could also seek compensation for their loss of a normal life, disfigurement, or disability.
Can I File a Lawsuit if I am Collecting Worker’s Compensation Benefits?
In many instances, individuals injured at a construction worksite have claims for both worker’s compensation and third-party liability. In those instances, pursuing worker’s compensation benefits does not limit your ability to pursue a lawsuit against a negligent party. However, you may be required to pay back a portion of the benefits you receive in your worker’s compensation claim if you receive a verdict or settlement from a third party. An experienced construction accident attorney can explain this process to you.
Contact a Bloomington Construction Accident Attorney Today
The party responsible for your construction accident should be held accountable for their negligence. Preventable injuries put a financial strain on a victim and their families. A Bloomington construction accident lawyer can help an injury victim seek financial compensation for medical bills, lost wages, and pain and suffering.
It is important to act fast to avoid missing the legal deadline to file a claim. Schedule a consultation today.