Heavy machinery, potentially-dangerous tools, and working at heights/below ground… It doesn’t take a genius to see why construction is rated as one of the most perilous occupations. Accidents are bound to occur even with the best safety precautions. If you’ve been a victim of a workplace mishap, it might be necessary to pursue legal action against the responsible parties to ensure you’re fully and duly compensated.
When Should You File a Construction Accident Lawsuit?
Just about every state requires employers to have worker’s compensation insurance coverage, and you’re entitled to file a claim as long as you can prove that:
- You actually suffered injury.
- The incident that led to these injuries occurred in the course and scope of your workplace duties.
Now, depending on the extent of your injuries, a worker’s comp claim might provide all the assistance you need to get back on your feet. But this scheme tends to limit how much you can receive in compensation. In particular, a successful claim will strip you of the right to pursue damages for pain and suffering.
Not to mention that insurers aren’t always keen to pay out — it’s quite likely that your employer’s provider will make you jump through hoops before processing your claim. In the meantime, you have hospital bills and other expenses that need taking care of. Exploring other legal options can be a good way to compel them into taking your situation seriously.
That aside, there are a few other instances that might necessitate filing a lawsuit:
- When there’s a provable safety violation on your employer’s part.
- The accident resulted from the negligence of someone else besides your employer (e.g. a subcontractor).
- Your injuries were caused by a defective piece of equipment. Here, you’re allowed to bring a lawsuit against the manufacturer/supplier.
- Your employer doesn’t carry worker’s comp coverage. In this case, you have no option but to seek legal redress.
Filing a Construction Accident Lawsuit: Do You Need to Hire a Lawyer?
You’ve probably come across sources asserting that, when it comes to pursuing legal action, only you can look after your own best interests. Here’s the thing, though: You have just been the victim of a workplace mishap, and are probably yet to make a full recovery. The last thing you want is to be struggling with court documents and filing procedures — and probably making mistakes that could ruin your case.
An experienced construction accident lawyer will not only save you the hassle, but they’ll bring a few other crucial benefits:
- Expertise: Hiring an attorney means you have someone on your side who’s well-versed with all statutes relevant to your case.
- Consultation: Your lawyer will figure out the most suitable strategy once they review all the documents, from the accident report to your medical records. More importantly, they have access to a wide range of professionals who can help fortify your claim.
- Negotiation: Chances are that the other side will propose to settle once your lawsuit is in motion. Your attorney’s expertise will come in handy here too, and they’ll be ready to go back to court if the negotiations stall.
- Support: Besides acting as your legal representative, your lawyer will gladly help you deal with the emotional toll that is bound to follow the court proceedings. That’s something you’ll greatly appreciate.
Time is of Essence
If you or someone you know has been injured at a construction site while on the job, it’s important that action be taken promptly. Get in touch with a lawyer immediately (we recommend this Bronx construction accident attorney) so they can help you pursue the best course of action before the statue of limitations runs out.
