Although some workers sustain only minor injuries in a construction accident, most of these incidents result in much more serious or long-term injuries. In some construction accidents, the injured party may be a visitor to the job site rather than an employee.
If you sustained serious injuries, contact a construction accident lawyer in Bayport, Long Island. He or she will help you understand the complicated claims filing process and advise you of your rights. The lawyers of Gacovino, Lake & Associates, P.C. can assist you in pursuing a claim for financial compensation. Call us today at 631-600-0000.
How Can a Construction Accident Lawyer Help?
The first task your lawyer will undertake is determining who has liability for your injuries. Construction workers who sustain serious injuries on a job site have workers’ compensation to pay for their medical treatment and compensate them for lost wages. If the accident occurred due to someone’s negligence, however, your lawyer can identify the at-fault party and build a claim against them.
If a job site visitor or innocent bystander sustains injuries in a construction accident, they will not be so fortunate as to have workers’ compensation. In that case, an attorney must determine what happened and who has liability. That could be the general contractor, trade or subcontractor, the project’s owner, property manager, material supplier, or another third party.
After identifying the at-fault party, your construction accident lawyer can build your claim.
This may involve gathering photos of the accident scene, obtaining the accident report(s), interviewing witnesses, and reviewing safety records. Your lawyer may engage safety experts or other subject matter experts for testimony.
Also, your lawyer will protect your legal rights, help you receive medical care and treatment, answer all your questions, and advise you of your options.
How Much Is Your Construction Accident Claim Worth?
Without knowing the particulars, there is no way to evaluate how much your claim might be worth. Your attorney will carefully review the details of your accident, calculate your financial losses, and together with accounting for the nature and severity of your injury, come up with a number that constitutes a fair settlement for your specific situation. Your settlement may include any of the following;
- The cost of your medical care to date, including your doctor visits, hospital stays, medication, medically related transportation, testing, therapy, and rehabilitation.
- Your lost wages to date, including any benefits or other employment-related opportunities your injuries forced you to miss.
- If your injuries will require further treatment or prevent you from working in the future, your settlement mayinclude projected costs for care and future lost wages, including any loss of earning potential.
- Pain and suffering, lost life enjoyment, or any other emotional or psychological damages you suffered.
- If you sustained any permanent injuries or disability, your settlement might include damages for those losses as well.
How Does a Personal Injury Lawyer Legally Prove Liability?
To hold the at-fault party liable for your injuries and other damages, your construction accident lawyer must prove negligence. Proving negligence requires demonstrating its four legal elements of duty of care, breach of duty, causation, and actual damages.
Some common instances of construction site negligence – that can potentially lead to serious injuries include the following.
- Failure to maintain tools, equipment, and machinery
- Inadequate safety training
- Failure to enforce safety rules
- Failure to maintain a safe job site
- Failure to require safety equipment and gear
- Horseplay and inappropriate behavior
- Tired, distracted, or impaired workers
- Failure to follow best construction practices
For example, if workers must dig a trench, the subcontractor responsible for the work has a duty of care to shore up the trench walls according to building codes and best safety practices. The general contractor owes a duty of care to everyone to ensure that subcontractors comply with their safety responsibilities.
If the subcontractor failed to shore up the trench safely, and the trench subsequently collapsed, the subcontractor has breached its duty of care. If the general contractor did not ensure the subcontractor’s safety protocols, that company might also have beached its duty.
If the subcontractor’s and general contractor’s failure to uphold their duty of care led to a trench collapse, and if you sustained injuries. As a result, your lawyer can demonstrate causation.
To prove the final element of negligence, actual damages, your lawyer will submit your medical bills, receipts for out-of-pocket expenses, wage statements, etc. To demonstrate future damages, your lawyer will call on the testimony of doctors, investigators, and other subject matter experts.
What Kinds of Construction Accidents and Injuries Are Most Common?
A construction accident can take virtually any form; however, most of these incidents fall into one of several categories.
- Fallsfrom scaffolding, roofs, etc.
- Slips, trips, or falls
- Trench collapses
- Being hit by projectiles or falling debris
- Heavy equipment accidents (forklifts, backhoes, dump trucks, )
- Tool- or equipment-related incidents
- Machinery malfunctions
- Structural collapse
- Fires and explosions
- Chemical accidents
Injuries from construction accidents can range from minor cuts and abrasions to amputations and wrongful death. Some of the most common construction accident-related injuries include:
- Back and spine injuries
- Head and neck injuries
- Concussions and traumatic brain injuries
- Joint injuries
- Internal injuries
Talk to a Construction Accident Lawyer in Bayport, Long Island Today
The construction accident lawyers at Gacovino, Lake & Associates, P.C. are ready to help you with your injury claim. Call us today at 631-600-0000 to schedule your complimentary consultation.