According to Occupational Safety and Health Administration (OSHA), there were 1008, construction accident fatalities in 2018. These fatalities were in the private sector. The leading causes of the accidents were:
- Falls
- Electrocution
- Struck by an object
- Caught in/between
It goes without saying that construction worksites are dangerous places and it’s not only workers who get injured; passersby too. If you suffered a construction site injury, it’s best to get in touch with a Worcester construction injury lawyer or a lawyer near you.
We are going to discuss how a construction injury lawyer can help you get the justice you deserve as well as compensation for your injuries and damages incurred.
How a Worcester Construction Injury Lawyer Will Calculate the Value of Your Case
Your construction accident lawyer will evaluate your case based on the information that you give them to determine whether you will file a personal injury claim, a workers’ compensation claim, or both.
If you were injured while on the job, you can file a personal injury claim, workers’ compensation, or both.
If you file for a workers’ compensation claim you will be entitled to:
Temporary Disability
Depending on the nature of your injuries, you might need to take time off work to recover from your injuries. During this time that you are away from work, your employer should provide you with partial compensation for lost wages.
Medical Care
Your medical treatment including prescriptions and physical therapy is covered under workers’ compensation.
Vocational Rehabilitation
If your injuries prevent you from going back to your previous job, you will need assistance in getting another job. As you undergo vocational rehabilitation, you will receive a partial income.
Permanent Disability
If your injuries caused you to lose partial or total ability to compete for jobs with uninjured workers, you could be entitled to compensation.
When you file for a workers’ compensation claim, you cannot file for a personal injury claim unless under special circumstances. For instance, if your employer’s negligence led to your injuries you can file a personal injury lawsuit against them.
According to OSHA, the top most frequently cited violations in 2018 were:
- Face and eye protection
- Training requirements for fall protection
- Control of hazardous energy
- Scaffolding
- Fall protection in construction sites
- Respiratory protection
You can also file a personal injury claim against a manufacturer if you believe a defective piece of equipment led to your injuries.
How Much is Your Construction Accident Case Worth?
When calculating an estimated value of a construction accident claim, the extent of your injuries and the damages will be taken into account. Through a personal injury claim, you will be entitled to compensation for:
- Wrongful death damages
- Scarring/disfigurements
- Mental distress
- Medical bills
- Long term impairments
- Pain and suffering
- Loss of current and future wages
- Rehabilitation
A workers’ compensation claim will compensate you for permanent disability, lost wages, and necessary medical care but this might not be enough. Pursuing a personal injury claim against a third party, if applicable, will definitely be in your best interest.
A Worcester Construction Accident Lawyer Can Help You Prove Liability
Your construction accident lawyer can file a personal injury claim on your behalf against a third-party defendant. She will help you prove that the third party was negligent and collect compensation for you.
Worcester follows the pure comparative negligence law in personal injury cases. This means that you can recover compensation for your accident even if you are partially responsible for it.
For example, if you are found to be 40% responsible for your injuries and your employer or third party is found to be 60% responsible, you might only recover 60% of the damages you seek from the responsible party. If you are not able to establish liability, you might not be awarded an injury settlement. Additionally, the responsible party may try to shift some of the blame onto you. If they successfully do so, it will reduce the value of your claim.
Under workers’ compensation, you do not need to show who was at fault. You are entitled to full workers’ compensation benefits whether or not you were partially responsible for the accident.
The value of your case will increase if you get an experienced construction lawyer to represent you. It’s very rare for insurance companies to agree to the amounts that personal injury victims ask for. They will always give a counteroffer or deny the claim altogether.
At Kevin P Landry Law Offices, we have extensive experience handling construction accident cases across Worcester, MA. Contact us today to schedule your free initial consultation.
