Construction workers who get injured as a result of someone else’s negligence have the right to sue. Such filings, however, are subject to a host of rules and nuances. Here is a quick guide to seeking reprieve for physical damages sustained on construction sites.
Deciding Whether To Sue
The choice to engage in legal entanglements is a serious one. Such maneuvers require significant time and energy. If the injury you sustain is relatively minor, the amount you receive via workers’ compensation may be sufficient. Naturally, employers lacking this form of coverage leave injured parties no alternative other than to sue or let it go. In cases where serious injury has occurred due to obvious safety oversights, litigation should be strongly considered.
As a construction accident lawyer can tell you, your odds of winning are better in instances where the employer in question is clearly guilty of violating building site guidelines. Many laws have been passed to protect construction workers and any demonstrable breach could work in your favor. Injuries caused by someone other than your employer are also likely candidates for litigation.
Whom To Sue
Your most likely target is the company that hired you. Although lawsuits claiming work-related injuries are forbidden under most circumstances, there are exceptions, as a lawyer like one at The Law Offices of Franks, Koenig & Neuwelt can explain. For instance, suing over a fall or slip that was clearly the fault of your supervisor or other superior could be allowed.
If an outside contractor caused your injury, suing that entity remains an option. Alternatively, property owners or vehicle operators may have caused your incident. In both of these cases, lawsuits are permissible. Consider suing device manufacturers if your injury is sustained as a result of equipment malfunction.
Preparing To Sue
Determining the cause of your injury is a major step toward solidifying your case. Do what you can to investigate the site of the accident. Because millions of dollars may be at risk, those inside your legal crosshairs may attempt to make your task difficult. Act quickly before they get the opportunity to do so.
Take photos and video of every element that triggered your mishap. Keep an eye out for:
- Walkway obstructions
- Open holes
- OSHA violations
- Wobbly ladders and scaffolding
- Risky usage of machinery
These are just a few examples of conditions capable of causing injury. Whatever you identify as the trigger, secure documentation that proves malfeasance.
Once you have gathered enough information for a successful run in court, contact an attorney specializing in construction site accidents. Having the expertise of a knowledgeable professional on your side will maximize the odds of receiving satisfactory compensation.