Workplace injury cases come up ever time, and this is common in the construction industry because there are different duties being done by many workers. The accidents tend to be very quick and they can happen at any time in a busy environment, and if this happens, it is important to have someone who has experience in dealing with such types of cases. Workplace injuries can end up costing more than just your job, and this is why Shrable Law Firm will be there to make sure you get the justice you deserve.
A Georgia construction accident lawyer will know the liability issues when it comes to such types of lawsuits. You will be able to have peace of mind knowing there are experienced experts doing the work for you. Our attorneys have a lot of experience when it comes to handling injury claims involving third-party’s. Apart from the skills and knowledge, we also have resources needed to deal with the insurance companies.
You need to have special protective hear when working in the construction industry. If there is an accident that results in injury, then you should contact personal injury lawyers who are going to help you with the process. They will start by reviewing the case and filling out the review form.
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Do I Need to Contact a Construction Accident Lawyer?
There were at least three common safety violations cited in 2015, and this is according to the US Occupational Safety and Health Administration. This is why you need to contact a lawyer dealing with construction accidents who will help you in pursuing your claim. There are state and federal laws on personal injuries and construction sites. There are some that will apply in your case, while others will not.
There are different parties that can be held responsible, and this will include sub-contractors, site owners, general contractors, and the brand accountable for faulty equipment, and also a third party. When it comes to determining the laws to be applied to the case, the following will be looked at; the construction site, medical reports, witness statements, and any other parties involved. This process is not easy, and this is why it is important to leave it to a trained expert, which in this case is a construction accident lawyer.
The lawyer is going to determine the Georgia laws that apply to your injury claim. The accident attorney is going to carry out an investigation to find evidence for your application.
Different Types of Construction Lawsuit and Accident Claims
There are a number of claims you can pursue if you have been in an accident in a construction site and got injured as a result. Below are some of the claims.
In many cases, many employees will not file the lawsuit when injured because there are benefits awarded by the worker’s compensation insurance. If you seek worker’s compensation claim, you are going to be asked to prove that you sustained the injuries while you were on duty.
The claim can be accepted or rejected. When it is accepted, you are going to get the worker’s compensation benefits. The worker’s compensation claim can also involve a third party because it is going to maximize the recovery of injuries and damages.
When it comes to these types of claims, an employee needs to prove that the injury was a result of negligence by a third party.
If an employee is injured because of a defective or faulty product, the employee can file a lawsuit against the brand that manufactured the faulty product. If a ladder is defective and an employee is injured because of the defect, they can file a compensation claim against the retailer, wholesaler, or even the manufacturer.
The family of the employee can file for wrongful death claims if the employee loses their life while on duty.
There are some situations that can let you file for more than one claim at the same time.
How Can Osha Rights Protect an Employee along with Help from an Attorney?
OSHA (The occupation safety and health administration) has done its best in maintaining and promoting a safe and healthy working environment for workers. Employees are given the following privileges by OSHA;
- Inspecting the workplace
- Receiving training and information on hazards, methods of preventions, and sticking to the standards relating to the workplace defined by OSHA
- Using the rights provided by the law with no retaliation or discrimination
- Testing the workplace to see if there are any hazards and receiving the results of the test.
- Reviewing medical records
- Reviewing any records of work-related injuries and illnesses
An employee can file for a complaint when they have injuries when working with the help of an attorney (or if they work in an environment that doesn’t comply with the guidelines that have been set by OSHA)
Employers have no right when it comes to firing or demoting an employee because they filed a complaint. If the employer does it because they filed the complaint, the accident lawyer is going to help in filing a claim against the boss for the action.
What Are Some of the Causes of Accidents in Construction Sites?
There are many different reasons why accidents occur in construction. This is why all employers in the state of Georgia have to get the necessary permits from OSHA, implement safety programs in the workplace, and conduct inspection regularly. Product defects and negligence can also lead to construction accidents.
Some other common causes of accident in construction sites include;
- Harness Accidents
- Insufficient training
- Hoist accidents
- Crane accidents
- Falling objects
- Poor oversight and safety precautions
- Scaffolding accidents
- Electrical accidents
- Defective equipment
- Welding accidents
- Misuse of tools
- Falls from elevators
- Collapsed structures
- Slip and Fall accidents
- Poor maintenance or improper use of equipment
- Explosion and fires
- Compressed gases
- Mechanical hazards
- Exposure to harmful waste products
Above are the most common causes of accidents. Another type of accident that has started to become a major concern is cell tower accidents. Between 2003 and 2013, cases related to cell tower accidents have increased and stood at 108 cases. The number of people injured as a result of these accidents was 17, and the fatalities were 91. Employees are forced to work in dangerous environments when there is no proper training and safety standards are not observed.
Who Is Responsible for Injuries sustained in a Construction Accident?
If an employer is entitled to worker’s compensation insurance, they are provided immunity from these cases, and this means they don’t have to worry about personal injury lawsuits. The immunity is given to the employer, but you can still make a claim against a third party.
Construction Site Owners
They usually have control over the premise, but they have little control when it comes to what is going on there.
Sub and General Contractors
Both the contractors and subcontractors are responsible when it comes to safety measures for the employees. If there are any hazards at the site, they are required to have warning signs. If they fail in complying with these regulations and an employee ends up getting injured, the employee can file for an injury claim.
They are liable for work stipulated in the contract. They will also be responsible for any work they give to a subcontractor.
Engineers and Architects
They play the important role in observing the work being done and ensuring that the site has complied with code regulations and relevant plans. An engineer or architect can be liable for injury when the duties agreed upon in the contract are established.
If there was a defective product that caused an accident, the manufacturer can be held responsible for the injury resulting from the accident. Wholesalers and retailers can also be held responsible.
When Involved in a Construction Accident, What Should I Do?
If involved in an accident and getting injured in a site, you need to do the following;
- Seeking medical attention
- Reporting the accident to the employer or manager
- Getting details and accounts from people who witnessed it
- Taking photos of your injury and anything involved, including the equipment
- Reaching out to a construction accident lawyer.
Can a Lawyer Help with Recovering All the Damages?
Such types of accidents have been known to result in financial, psychological, and physical pain. They can leave behind huge medical bills and injuries that will take a long time before they heal. There are some accidents that can leave an employee with permanent injuries that have a very big impact on the life of the employee. When you have the help of a personal injury firm, you can file a claim on;
- Lost wages
- Medical expenses
- Cost of counseling
- Rent and mortgage
- Property damage
- Suffering and pain
- Physical therapy
- Loss of consortium for both widows and widowers
- Living expenses
A construction accident can come out of nowhere, and this is why you need to have an attorney experienced in helping people file for an injury claim if you have been involved in an accident. With the experience in dealing with personal injury lawsuits, The Shralble Law Firm is your best bet. We are going to help you with the process and ensure that you have gotten the compensation you deserve. Give us a call on (229) 518-9209 to get started with a Free Consultation. You can also contact us online at any time of day.