What types of construction accidents are legal injury claims?
What Is Considered a Construction Accident Injury Claim?
Thousands of Americans are injured or killed in construction accidents every year, resulting in numerous personal injury and wrongful death cases in the legal system. Construction accident injuries vary from minor to catastrophic, including broken bones, concussions, burns, and even paralysis caused by a traumatic brain injury or severed spinal cord. While safety regulations may vary by state and employer, there is a governing body referred to as the Occupational Safety and Health Administration (OSHA) responsible for establishing guidelines for construction site safety, and most states have enacted their own laws governing workplace safety. Not all construction accidents involve construction workers. For example, you could be visiting a building under construction and be struck by falling machinery. If you or a loved one was injured in a construction accident caused by someone else’s negligence, faulty equipment, insufficient training, or an OSHA safety violation, you could be entitled to compensation for medical bills, missed wages, pain, and suffering, and more.
Construction accident injury claims can be complicated. Several parties may be considered liable for a construction accident resulting in an injury or death, including the construction company or owner, the project manager or foreman, involved architects, engineers, or contractors, or even the manufacturer of the construction equipment being used on the job site.
Do Construction Accident Cases Always Go to Court?
Similar to other personal injury cases, not all construction accident cases need to go to court. Many are settled outside of court through negotiations reached by attorneys representing both sides. If a settlement can be reached, the involved parties must sign a written agreement stating the matter was resolved without the need for any further legal action.
Is There a Time Limit for Filing a Construction Accident Claim?
The time limit (or statute of limitations) for filing a construction accident claim will vary by state and injury. In New York, Time limits may be very short depending on who the defendant is. It’s best to consult a personal injury law firm as soon as possible to find out the specifics involving your claim.
Does Workers’ Compensation Cover Construction Injuries?
Many U.S. employers pay for workers’ compensation, which is a form of accident insurance covering work-related injuries. Some construction workers who are covered under workers’ compensation may not be eligible to file a separate personal injury claim. You should consult a knowledgeable personal injury lawyer to determine the validity of your case. Pegalis Law Group, LLC is an experienced personal injury law firm in New York. Please reach out to us to schedule a consultation to learn more.
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