Should I Hire a Construction Accident Attorney?
Construction sites are inherently dangerous. Even with safety protocols in place, it is not uncommon for workers to still experience serious problems. Hiring a construction accident attorney is highly recommended if you suffered an injury while working or visiting a construction site, especially due to another party’s negligence. A Massachusetts slip and fall attorney can stand up for your right to compensation and ensure that every liable party is held accountable.
Whether your injuries prevent you from working or you are struggling with medical bills, the attorneys at Brooks Law Firm are ready to help. Call (617)245-8090 to schedule a free consultation and learn more about your legal options.
Key Takeaways About Hiring a Construction Accident Attorney
- Hiring an attorney greatly improves your chances of receiving full and fair compensation.
- An attorney handles all paperwork, deadlines, and communication with insurers, protecting you from errors that can jeopardize your claim.
- A lawyer also evaluates your injuries, medical costs, and lost income to calculate the true value of your damages and negotiate for the maximum recovery possible.
- Construction accident lawyers understand industry safety standards and can identify when negligence or OSHA violations contributed to your injuries.
- A lawyer’s experience allows them to pursue additional claims against third parties beyond workers’ compensation benefits.
- With professional representation, you can go on with your recovery while your advocate works to secure the financial relief you deserve.
- Engage a legal advocate today to present compelling evidence during trial or settlement negotiations.
Reasons for Hiring a Construction Accident Attorney
Hiring a construction accident lawyer is more about protecting your livelihood, health, and financial stability. Construction accident cases involve overlapping state and federal regulations, multiple potentially liable parties, and insurers who often try to minimize payouts. Here are the reasons for working with an attorney in your recovery:
To Handle All Deadlines, Paperwork, and Details
Construction accident cases require strict adherence to filing deadlines, including workers’ compensation claims, third-party lawsuits, and insurance notifications. A single missed deadline or incomplete document can jeopardize your entire case. Attorneys manage every aspect of the process so that no procedural mistake undermines your right to compensation.
By keeping track of all legal details, your lawyer ensures your case progresses smoothly while you focus on recovery. They also maintain communication with insurers and opposing counsel, shielding you from tactics designed to pressure you into early or inadequate settlements.
Increased Chances of a Bigger Recovery
Studies consistently show that individuals represented by attorneys recover higher settlements and verdicts than those who represent themselves. Construction accidents often involve extensive medical costs, loss of earnings, pain and suffering, and sometimes permanent disability. A lawyer knows how to value these damages and present persuasive evidence of the long-term impact of your injuries.
An attorney also helps identify less obvious compensation forms, such as diminished earning capacity or loss of consortium, ensuring that every aspect of your harm is accounted for before any settlement is accepted.
Experience Handling Construction Site Accidents
Construction sites have unique hazards, such as scaffolding collapses, equipment malfunctions, electrical injuries, and falls from heights. Construction accident lawyers investigate the cause of the accident, determine whether anyone violated safety regulations, and identify every responsible party..
For example, if a subcontractor’s negligence or a defective machine caused your injuries, your attorney can pursue additional benefits outside the scope of the workers’ compensation system. Their familiarity with OSHA regulations and state labor laws gives your case a solid factual foundation for negotiation or trial.
Familiarity With Other Sources of Compensation
Workers’ compensation benefits are valuable, but they rarely cover the full cost of an injury as they exclude pain and suffering and may only pay a portion of your earnings. A construction accident attorney can explore third-party claims against non-employers, such as property owners, equipment manufacturers, or contractors who contributed to the incident.
By pursuing these additional claims, your lawyer can seek full damages beyond the limits of workers’ compensation. This may include payment for emotional distress, future lost earnings, and ongoing rehabilitation costs.
Ability to Manage Complicated Cases
Construction accident cases frequently involve multiple companies, conflicting witness accounts, and overlapping insurance coverages. Without legal representation, it’s difficult to determine who is legally responsible or how to prove negligence. Attorneys use accident reconstructionists, safety consultants, and medical specialists to build compelling evidence that supports your claim.
They also understand how to deal with disputes among insurers, contractors, and employers, ensuring that jurisdictional or liability disputes don’t delay your compensation.
To Represent You if Your Case Goes to Court
While many construction accident claims settle through negotiation, some require litigation to achieve fair results. If your employer or the insurer refuses to offer a reasonable settlement, your lawyer can take your case to court. Legal representation in court provides credibility and increases your leverage because insurers know that a prepared and trial-ready attorney won’t accept an unfair offer.
An attorney presents your case before a judge or jury, introduces evidence, cross-examines witnesses, and argues for the full compensation you deserve under the law.
Legal Action for Construction Injuries
After a serious construction injury, understanding your legal options is key to ensuring you obtain the resources you deserve. The type of legal action available depends on the nature of your employment, how the accident occurred, and who may be responsible. Here are the primary legal paths you may pursue:
Personal Injury Claim
You may pursue a personal injury claim when the injury was caused by another person and not your employer. This can involve a negligent subcontractor, a careless driver at the job site, or a manufacturer that produced faulty equipment. Unlike workers’ compensation, a personal injury lawsuit allows you to recover the full range of damages, including future lost income.
These claims are fault-based, meaning your attorney must prove that the third party’s negligence directly led to your injury. The legal process involves gathering evidence such as accident reports, witness statements, professional evaluations, and medical records to establish liability and demonstrate the extent of your losses.
Workers’ Compensation Claim
If you suffered an injury while performing your job duties, workers’ compensation provides benefits regardless of who was at fault. These benefits typically include medical coverage, partial income replacement, and disability payments. However, workers’ compensation limits recovery — you cannot claim damages for pain and suffering, and the benefits only replace a portion of your income.
An attorney files your claim correctly and ensures you receive the full benefits you’re entitled to under state law. They can also appeal for a denied claim or challenge an insurer’s attempt to terminate your benefits prematurely. Additionally, a lawyer can determine whether you have grounds for a third-party lawsuit to supplement your recovery.
Wrongful Death Claim
Tragically, some workers end up losing their lives in construction accidents due to fatal injuries. When a worker loses their life on the job due to negligence or unsafe conditions, the legal dependents may pursue a wrongful death claim. This legal action can compensate for funeral expenses, loss of financial support, loss of companionship, and the emotional impact of the death.
A wrongful death claim is separate from workers’ compensation death benefits, though both may apply in certain situations. Personal injury attorneys at Brooks Law Firm identify all available legal options and support the claim with evidence showing fault and the economic value of the loss.
What Is the Value of a Construction Accident Claim?
The value assigned to construction accident claims varies based on factors specific to the case. Since there are no two identical cases, an attorney reviews every aspect of your situation before estimating the potential value of your claim. Here are several key factors that determine how much compensation you may recover:
Hospital Bills
Medical costs typically comprise much of any construction accident settlement or verdict. This includes emergency care, surgeries, hospitalization, physical therapy, medications, and follow-up treatment.
In life-altering injury cases, such as those involving brain trauma, spinal cord damage, or multiple fractures, future medical expenses can be substantial. Your attorney and medical professionals will project long-term costs and include them fully in your claim.
Loss of Earnings
Injuries that prevent you from working for days, weeks, or even permanently can create serious financial pressure. A construction accident claim seeks to recover lost income for the time you missed work and any future earnings you cannot earn due to disability or reduced physical ability. This calculation often involves employment records, tax documents, and professional economic analysis to quantify the true financial loss.
Pain and Suffering
Workers’ compensation benefits may not adequately cover all losses, such as pain and suffering. In such cases, a third-party claim or personal injury lawsuit allows you to pursue compensation. Pain and suffering damages reflect the distress you have endured emotionally, physically, and mentally. These are subjective but can significantly increase the value of a claim, especially when the injury causes chronic pain or limits your ability to enjoy life as before.
Permanent Disability or Disfigurement
Construction accidents frequently cause long-term or permanent damage that alters a worker’s quality of life. Amputations, severe burns, and spinal injuries can lead to lasting disabilities that affect mobility, self-sufficiency, and personal relationships. Claims involving permanent disability or visible disfigurement tend to yield higher compensation because they reflect ongoing losses far beyond the initial recovery period.
Insurance Coverage and Policy Limits
Even when the damages are clear, the amount you can recover may depend on the available insurance coverage. Construction sites often involve multiple companies with different insurance policies. An attorney investigates all possible sources of coverage, from general liability and property insurance to product liability and auto insurance, to maximize your total recovery.
A Construction Accident Lawyer Can Help
After a serious construction accident, you deserve to work with a legal professional committed to protecting your interests. This is because insurers and large contractors have teams of lawyers protecting their resources. A Massachusetts personal injury lawyer handles every part of your claim so you can focus on getting better. At Brooks Law Firm, we are committed to representing you and pushing for your financial recovery and peace of mind. Call (617)245-8090 today or online to schedule your free consultation.
FAQs: Construction Accidents
What is the likelihood of a settlement in my case?
Most construction accident claims settle before going to court. Insurance companies prefer to settle because trials can be expensive and unpredictable. However, the quality of your evidence and the experience of your attorney heavily influence how much you receive.
If you or your loved one has suffered an injury in a construction accident, a lawyer who understands construction claims and litigation can build a strong case, negotiate assertively, and push for the full value of your losses instead of accepting a low settlement offer.
What should I do immediately after a construction accident?
After any construction accident, prioritize your health and protect your rights. Report the injury to your supervisor immediately, even if it seems minor. Go for a medical evaluation immediately and follow your doctor’s recommendations. Document the incident scene with photographs or videos, gather contact details from witnesses, and preserve any damaged equipment or safety gear. These details later help your attorney establish negligence and connect your injuries directly to the accident.
What if my employer threatens me for filing a claim?
It is illegal for your employer to retaliate against you for seeking justice after being injured in the workplace. Retaliation can include firing, demotion, reduced hours, or harassment. If you experience any of these actions, your attorney can file a separate claim to protect your rights, hold your employer accountable for wrongful conduct, and pursue additional damages for the harm caused by retaliation.
Can I initiate both a workers’ compensation and a personal injury claim?
Yes, you may file both if someone other than your employer contributed to your injury. For example, if a subcontractor’s negligence or defective equipment caused the accident, a third-party personal injury claim may supplement your workers’ compensation benefits. This approach allows you to recover additional damages such as full earnings loss, pain and suffering, and emotional distress.
