Construction Accident Attorney
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Serious work site injuries may require hiring a construction accident attorney to recover compensation not covered under Workers' Compensation insurance. Construction sites are accidents waiting to happen. Residential and commercial building and remodeling requires the use of heavy equipment, unwieldy materials, and dangerous power tools. Heavy crane operators, roofers, framers, and electricians are all at risk when it comes to dangerous job site incidents that can be life threatening. Improperly adjusted or malfunctioning cranes can fall and injure operators and workers and cause damage to property. Most roofers have fallen at least once from heights that might make most of us dizzy. Framers can be injured from nails accidentally ejected from automatic nail guns or power saws that suddenly reverberate. Electricians must keep a constant watch against electrical shocks from currents that have not been properly shut off or diverted. Even seasoned construction workers are subject to falls and accidents resulting in broken collarbones and backs, spinal injuries, severed limbs and fingers, brain injuries, and impaired or lost vision.
Conscientious company owners diligently implement Occupational Safety and Health Administration (OSHA) workplace safety measures and policies designed to lessen the chances for serious accidents and injuries. Larger corporations employ safety officers who regularly check for potential workplace hazards or conduct periodic employee training to ensure that workers are aware of potential dangers and know how to use safety equipment, exercise proper lifting techniques, and practice the safe use of power tools. Eyewash stations, goggles, safety gloves, steel toed boots, and masks should be available to help protect workers from injuries. A construction injury lawyer will investigate a company's safety plan to determine if a failure to implement safe workplace practices existed at the time of the incident, or whether an injured employee was negligent in complying with established policies.
Workers who suffer from job site injuries may be hospitalized for days or undergo rehabilitation and physical therapy, which prohibits them from working for an extended period of time. Lost time on the job means lost wages, which can cause more than physical pain and suffering. Building trades workers and laborers can lose homes, vehicles, and furnishings due to an inability to make a living after suffering from a work site injury. While employers, such as general contractors and subcontractors, are required to carry insurance, workers' compensation benefits may be inadequate to cover serious job site injuries which require long term rehabilitative care. Workers' compensation insurance regulated by the state usually places a cap on the amount of monies that can be awarded to injured employees. States also prohibit employees from suing employers beyond workers' comp benefits and limit the timeframe for the payment of workplace injury benefits. Injured workers may feel that hiring a qualified construction accident attorney to win compensation for life-threatening or debilitating personal injuries or accidents not covered under workers' compensation insurance policies may be their only solution. While lawsuits are a way of life, the Bible offers guidance in dealing with legal issues: "But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also" (Matt. 5:39-40).
A knowledgeable construction injury lawyer will be familiar with the industry and federal and state regulations which might have been violated during a life threatening accident. Qualified lawyers will conduct a thorough inspection of the worksite to identify building code or Department of Labor violations, research past histories of job site injuries, review past reports of violations or litigation, and interview witnesses who may furnish critical details about events surrounding the accident. In addition to investigating employers, a good construction accident attorney will also investigate the client's allegations. An attorney's reputation is at stake for filing fraudulent information or suing employers on the basis of an employee's charge which can not be substantiated. The cause of a job site accident may be due to employees who were negligent, under the influence of drugs or alcohol, or those who may have failed to comply with safety regulations. Building an unsubstantiated case could easily result in a countersuit for damages against the plaintiff and their legal representative.
A wise, conscientious attorney will develop a strong case using eye witnesses, videos, employee time sheets, equipment and tool usage data sheets, and employer records which may reveal a discrepancy in the plaintiff's favor. A construction injury lawyer will be charged with presenting reliable evidence based on critical witnesses, timelines, and other relevant information. If an attorney can prove employer negligence based on a history of complaints or worksite injuries, other employee lawsuits, or out-of-court settlements for prior claims, the chances of winning additional compensation for personal injury or wrongful death will increase considerably.
Workers seeking to gain more compensation than allowed through an employers Workers' compensation plan can find a construction injury lawyer on the Internet, through the local business directory, or local bar association. Friends, family members, and coworkers who have filed claims previously may also be a good resource for information about finding a construction accident attorney. Lawyers may waive an initial consultation fee and charges may be contingent upon who wins the case. Injured employees may incur legal fees on an hourly or retainer basis ranging from $75 to $100 and up, depending upon the area of the United States clients reside. Many attorneys request a down payment or good faith fee before agreeing to take a plaintiff's case; therefore, injured workers should be prepared to pay in advance. Most legal representatives will establish a payment plan or accept charge cards for fees. While a construction site can be an accident waiting to happen, state workers' compensation insurance and adequate legal protection can prevent a once-in-a-lifetime accident from turning into a long term financial casualty.
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