Construction sites are inherently dangerous. Whether working hundreds of feet in the air on a skyscraper or working on the ground next to high-speed traffic on I-71 or I-74, construction workers are constantly surrounded by danger. Heavy machinery and other hazards are just part of a normal day.
Even so, your employer has a duty to keep you and your coworkers safe from foreseeable harm. If you were injured in an accident while working at a construction site, you may be entitled to workers’ compensation regardless of who caused it. You may also be entitled to recover damages via a third-party lawsuit.
The Levy Law Offices helps you get benefits as quickly as possible, advocating on your behalf so you get full compensation. And if you are eligible to file a lawsuit, we will help you prove the value of your case and get damages. Get started now.
Common Accidents Construction Injury Attorneys Work With
Construction workplace injuries may be attributable to a number of factors. Some of the most common types of construction accidents and injuries include:
- Falls: Whether it is falling off ladders, scaffolding, roofs, or machinery like cranes, falls are a common accident at construction sites. Strains, sprains, and fractures often result from a bad fall.
- Falling objects: Building new structures and roads always requires moving materials from place to place. If heavy materials such as rock, brick, or even tools fall on you, even if you are wearing a hardhat, it can cause serious skull injuries, brain trauma, or spinal injuries.
- Machinery accidents: Construction requires the use of heavy machinery. Cranes, forklifts, even nail guns pose a threat to safety when mishandled or defective.
- Hazardous materials: Explosions, chemicals spills, electric shock, and even toxic fumes can be present at construction sites. Serious injury can result from such hazardous materials accidents. These include burns, severe illness, paralysis, or even death.
- Inclement weather: If a construction site is outdoors, stormy weather can increase the risk of injury both from lightning and moving water. Additionally, extreme temperatures can result in heat stroke or frostbite.
- Wrongful death: Any of the dangers associated with constructions sites could lead to the death of a worker in the event of a serious accident.
Regardless of how you suffered your workplace injury, you are entitled to relief through workers’ compensation, including medical benefits and income replacement benefits. We know how important these benefits are to you. That’s why we prepare and file your paperwork as quickly as we can and work towards reaching a speedy resolution.
Who is liable for my injuries?
Depending on the facts of your case, one or more parties may be liable for the costs of your construction injury. Of course, regardless of the cause of your accident, you are entitled to workers’ compensation benefits under Ohio law. If a third party is to blame for your injuries, you may file a lawsuit against the negligent party. This could include construction site owners, general and sub-contractors, manufacturers of faulty equipment, and other third parties.
Filing a Workers’ Compensation Claim
Workers’ compensation is a no-fault system. You do not have to prove negligence in order to get workers’ compensation benefits. Even if you were responsible for the accident, you can recover workers’ compensation. You only need to prove you were injured in the course of your employment.
If approved, you will receive benefits covering your medical bills, full or partial disability payments, wage loss compensation, and death benefits for surviving family members.
In Ohio, you have a limited time window to file for workers’ compensation. You have two years to file your claim. But we recommend getting started much sooner than that so you get the compensation you need.
Filing Third-Party Claims
If your construction injuries are due to another party’s negligence, you may be able to file a third-party claim for compensation in addition to your workers’ compensation claim.
However, third-party claims do require that you prove someone was negligent. This means you must prove that a third party – usually, not your employer – caused your accident and injuries by doing something careless or reckless. You must also prove that your injuries are the result of that party’s negligence, and must present evidence that helps you value your damages.
Liable parties in third-party claims can include:
- Other sub-contractors – such as if another sub-contractor wrecks a construction vehicle, fails to secure construction material that falls on you, or misuses a power tool, causing your injury.
- Property owners – such as if the owner fails to maintain safe premises.
- Manufacturers of defective products – such as if a power tool malfunctions or heavy machinery contains a hazardous defect.
- In certain situations, even your employer – such as if the employer was grossly negligent or intentionally caused your injuries.
Third-party claims usually result in a higher payment than workers’ compensation benefits because they allow recovery of these non-economic damages like pain and suffe
ring, which are not recoverable in workers’ compensation claims.
However, the Ohio Bureau of Workers’ Compensation has a right to recover a portion of your third-party settlement or award. This process, called subrogation, can be confusing for injured workers with enough on their mind already. The Levy Law Offices will address this complicated process for you to minimize the impact of subrogation on your recovery.
Fighting to Get You Financial Relief – Fast
The attorneys at Levy Law Offices in Cincinnati, Ohio have years of experience advocating for people injured in construction accidents. If you were hurt at a construction site, contract us today for help. We will review the facts of your case and provide you with the best possible resolution. Let us fight for you.