What should I do if I am injured in a construction accident?
As with any other kind of accident, the most important thing to do is to seek prompt medical attention, particularly since injuries can be more severe than they appear (or feel). But it is important that legal advice be sought promptly, too. That’s because the circumstances of the accident may give rise to a valid legal claim – and a recovery to compensate you for the harm you and your family have suffered. Without exception, it is crucial that an investigation be conducted without delay. Indeed, construction accident cases are most successful when attorneys and their investigators have speedy access not only to the construction site, but to the equipment involved in the incident and the witnesses who saw what happened or can speak to the safety procedures – or lack thereof – at the site.
Is my recovery limited to workers compensation?
This is the part that needlessly confuses many victims of construction accidents – and keeps them from obtaining the full recovery to which they may be entitled. While it is true that recovery against your employer – even when it was at fault – is limited to workers’ compensation, there are often other parties whose negligence (for example, by not following the applicable safety regulations) may have contributed to your injuries. In many cases, you will be able to file claims and seek remedies against one or more of these parties, who typically include the general contractor, subcontractors, and the site’s owner. The fact that you may be entitled to, or already receiving, workers’ compensation benefits does not relieve them of their accountability – so long as you can show that their negligence contributed to your injuries.
In all-too-many instances, construction accident victims have been misadvised that their sole remedy was workers’ compensation – a relatively small recovery that rarely proves adequate – when, in fact, that wasn’t the case at all. Their valid claims were never filed; the recovery they deserved never obtained. Consulting a law firm skilled and experienced in construction accident cases brings no guarantee of success – but it does help avoid the careless legal errors that cause victims further harm.
Keep in mind that in some cases, depending on the facts and circumstances, your workers’ compensation insurance carrier may be entitled to a portion of any proceeds you ultimately obtain.
How common are construction-related injuries and death?
Construction is one of America’s most essential industries. Unfortunately, it is also its most dangerous. In 2006, 1,258 of the 5,703 fatal work injuries in the country were in the construction sector, according to the U.S. Bureau of Labor Statistics. That same year, the construction industry accounted for 10.4 percent of the 3.9 million nonfatal workplace injuries in the United States.
Why is it important to work with a lawyer who specializes in construction accidents?
Winning a construction accident case doesn’t just require expertise of the law, it requires lawyers to understand, and navigate, a host of federal, state, and local laws. That’s because the construction industry is highly regulated, and the only way to know how, and where, a site’s contractors, managers, and owners failed in their duties is by mastering all the applicable statutes. There’s only one way a lawyer does this: through experience. At Mary Alexander & Associates, we’ve been taking on, and winning, construction accident cases for over 25 years, and we’ve built a record, and reputation, as go-to attorneys in the field. Indeed, our founding partner was recently interviewed by the news media in the wake of several crane collapses on the East Coast. Our years working on construction cases has given us insight into the tactics, procedures, and nuances of these often complicated, always high-stakes, matters. And that’s enabled us to obtain the best possible recovery for our clients.
How do I pay for your services?
It’s simple: Unless we recover a financial award or settlement, you don’t pay us anything. That’s because we handle construction accident cases on a contingent-fee basis. In short, the risk is all ours: You pay us only if we’re successful. Expenses work the same way. We pay all costs of the litigation and get reimbursed only if we obtain a settlement or jury award. Think of it this way: It may be your lawsuit, but it’s always our risk. That’s why you can be assured that if we take your case, it’s because we fully intend to win it.
