Construction accidents are among the most common type of workplace accidents that happen in the United States. According to the U.S. Department of Labor, construction accidents were responsible for one out of every five workplace fatalities that happened in the private sector in 2018. If you are injured in a construction accident while working, you might be eligible for additional compensation beyond your employer’s workers’ compensation benefits if a third party negligently contributed to your accident and injuries. To prevail in a construction accident claim, you will need to prove the required legal elements. An attorney at Ellis & Associates can help evaluate your potential claim and guide you through the process.
While your workers’ compensation claim will not require you to prove fault, holding a third party liable for your accident will require you to prove the elements of negligence. Third-party claims commonly arise in construction accident claims when several contractors are working at the same construction site. For example, if you were working for your employer at a construction site and were negligently injured by an employee of a different contractor, you may file a workers’ compensation claim with your employer and a lawsuit against the responsible third party’s employer. Filing a third-party claim can help you recover full compensation for your losses.
Elements of a Successful Construction Accident Claim
Thorough Documentation of Your Injuries and Medical Treatment
You should gather evidence of each step of your treatment and your recovery, including all of the treatment that you received after you were discharged from the hospital (such as appointments with specialists). This type of documentation will be important for both your workers’ compensation claim and any negligence claim that you might be able to file against a third party.
Evidence That Your Accident Happened
Most construction accidents have several witnesses, who may be able to help you establish the cause and the timeline of what happened. To be eligible for workers’ compensation benefits, you will need to report your accident to your employer. In some cases, an employer might dispute what happened before the claim is filed with the workers’ compensation insurance company. If that happens, you should talk to a lawyer for help preserving the evidence so that the witnesses will not be improperly influenced.
Identifying the Responsible Parties
Workers’ compensation insurance is no-fault insurance, meaning that you are not required to prove fault to recover benefits. However, you cannot recover damages for pain and suffering through workers’ compensation. To be fully compensated for your losses, you must identify any third parties that may have contributed to your accident. If a third party negligently contributed to your accident’s cause, you may be able to file a workers’ compensation claim with your employer and a negligence claim against the third party.
Help from Experienced Construction Accident Lawyers
Because of the complexity of construction site accidents, getting help from an experienced personal injury attorney is critical for a construction accident claim. Attorneys who have experience representing the victims of construction accidents understand the unique hazards that are faced by construction workers and the complex nature of construction sites. A lawyer who handles construction accident cases should know the myriad regulations and laws that govern the industry. This knowledge can help them identify violations that might have occurred so that you can build a winning claim. An experienced lawyer should also understand how to investigate construction accidents to identify all of the parties who may have contributed to an accident.
The talented attorneys at Ellis & Associates have built a strong track record of successfully helping people who have been injured in construction accidents as well as the families of workers who have been killed. We recognize that recovering from injuries suffered in construction accidents can take a significant amount of time and expense. We can handle the details of your case while you work on your recovery. Contact us today to schedule a consultation by calling us at 800-MR-ELLIS or sending us a message online.