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FREQUENTLY ASKED QUESTIONS

The construction industry consistently ranks as one of the most dangerous occupations in the country. If you have suffered any kind of injury or loss on a construction site, you may be entitled to financial compensation. There are several different legal routes for you to consider such as personal injury lawsuits, product liability lawsuits, or wrongful death lawsuits. You should talk with an experienced construction accident injury attorney to determine which path is best for you.

The total amount of compensation awarded in construction accident lawsuits varies depending on several different factors. For instance, each state has their own unique laws regarding types of monetary damages that are available to personal injury victims. An experienced construction accident lawyer will be able to assess your damages and help you calculate a feasible amount of compensation to target in your lawsuit.

The typical statute of limitations on these claims is two years. This means that you have until two years after the incident to file your lawsuit. However, the deadline can vary depending on specific circumstances. Contact a legal representative to ensure that the statute of limitations on your claims has not expired.

Common Causes of Construction Fatalities

Approximately 1 in 5 workplace deaths occur at construction sites, according to the latest OSHA data. More than 20% of the 4,779 worker fatalities in the private industry in 2018 were in construction. The construction industry has what is called a “Fatal Four” that is responsible for more than half (58.6%) of all construction industry fatalities. Eliminating the Fatal Four would save an estimated 591 workers’ lives in the U.S. every year. The four common causes of construction accident fatalities include:

  • Falls – (33.5%)
  • Struck by Object – (11.1%)
  • Electrocutions – (8.5%)
  • Caught-in/between* – (5.5%)

(*This category includes workers killed when caught-in or compressed by equipment or objects, and struck, caught, or crushed in collapsing structures or equipment.)

 

Construction Accident Lawsuit Claims

If you have suffered any kind of injury or loss on a construction site, you may be entitled to financial compensation. There are several different legal options for you to consider. Contact an experienced construction accident injury lawyer at TorHoerman Law to find out if you are eligible to file any of the following construction accident lawsuits:

In a personal injury lawsuit, the plaintiff must prove that their injury is the result of the negligence of a third party.

If your injury was due to a defective product, you can file a product liability lawsuit. This type of construction accident lawsuit can be filed against any party in the product’s chain of distribution.

If a worker is killed on the job, his or her family may be eligible for compensation through a wrongful death settlement.

Does Workers Compensation Cover Construction Accident Injuries?

Workers’ compensation insurance provides for the cost of medical care, rehabilitation, and lost wages for injured workers. Since each state sets its own workers’ compensation laws and benefits, each state has its own department dedicated to handling its workers’ compensation program. Contact a construction accident lawyer at TorHoerman law today to find out if you are eligible to receive financial compensation.

 

Who is Liable for a Construction Site Accident

Personal Injury liability determines who is at fault for an injury or accident. Sometimes liability is held by one party, while other times it is shared.

As previously mentioned, any party in the chain of distribution may be held accountable for any injury caused by their product. If an injury is due to the design of a product, your construction accident lawyer must prove that the product is dangerous even when used properly.

Site owners can be held legally liable if a construction accident injury occurs due to a dangerous condition of the property that the owner knew about or should have known about.

General and subcontractors are legally obligated to warn workers of any dangers at a construction site. Contractors may be held for a construction accident lawsuit if it can be proven that they violated OSHA regulations or other safety requirements.

Generally, prime contractors are only responsible for the work that is outlined in his or her prime contract. However, prime contractors may also be responsible for any work that they delegate to a subcontractor.

Design professionals such as architects and engineers have a responsibility to ensure the structure that they have created is safe. Their specific legal responsibilities are typically outlined in their contracts. If they are found to have breached their legal duties, they can be held liable in a construction accident lawsuit.

Occupational Safety and Health Administrations (OSHA)

OSHA was created after Congress passed the Occupational Safety and Health Act of 1970. The core mission of OSHA is to ensure safe and healthful working conditions for working men and women by setting and enforcing standards and providing training, outreach, education, and assistance. In 2018, the most frequently cited OSHA standards violation was for fall protection

 

OSHA Worker Rights and Protections

As an employee, you have certain rights afforded to you through OSHA that cannot be taken away. It is important to be aware of your rights so that you can determine whether they have been violated by your employer. Under federal law, you have the following rights:

  • To work in an environment that is free of known health and safety hazards
  • Be trained in a language that you understand
  • Be provided required safety gear
  • Be protected from toxic chemicals
  • To report an injury or illness and get copies of your medical records
  • To view copies of the workplace injury and illness log
  • Review records of work-related injuries and illnesses
  • Receive copies of test results done to find hazards in the workplace

 

 

What To Do if You Are Injured on a Construction Site

You should seek medical attention as quickly as possible. Mitigation is not only critical to your personal health but also improves your chances of a successful claim. The amount of effort you take toward treating your injuries can have a significant financial effect on the damages you receive from your construction accident settlement.

Document and report the injury to your employer or construction site manager. Documentation of your accident and injury will strengthen your construction accident lawsuit. Gather any contact info for witnesses who can support your claim. Preserve evidence that further proves your construction accident injury. You should take photos of the injury and the location of the accident. If possible, try to retain any objects related to the injury.

Finally, it is crucial that you get in contact with an experienced construction accident lawyer. A personal injury attorney will evaluate your claim and discuss your potential legal options. At TorHoerman Law, we specialize in construction accident lawsuits. Our professional personal injury attorneys can help you determine if you have a viable claim for a construction accident lawsuit. Use the chatbox below for a free instant, no-obligation case consultation.

Filing a Construction Accident Lawsuit

The civil lawsuit process can be overwhelming to someone who is not completely knowledgeable about the complexities of the legal system. It is especially difficult to navigate through legal procedures without a construction accident lawyer while dealing with the repercussions of your injuries. The typical statute of limitations is two years. However, the deadline can vary depending on certain circumstances. Do not wait until the last minute. File your claim before it’s too late.

 

Hiring a Construction Accident Lawyer

Finding the right construction accident lawyer can be a difficult task. At TorHoerman law, we want to make it easier for you. If you are suffering from a construction accident injury, the last thing you need is to be stressing over hiring an experienced construction accident lawyer. Our firm has won more than $4 billion in verdicts and settlements for our clients. However, for the attorneys at TorHoerman Law, it is not about the money – it is about justice. Our firm works on a contingency fee basis, which means we do not receive any payment until you have been compensated. Let us fight for you.

 

 

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They helped my elderly uncle receive compensation for the loss of his wife who was administered a dangerous drug. He consulted with this firm because of my personal recommendation and was very pleased with the compassion, attention to detail and response he received. Definitely recommend this firm for their 5 star service.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

TorHoerman Law is an awesome firm to represent anyone that has been involved in a case that someone has stated that it's too difficult to win. The entire firm makes you feel like you’re part of the family, Tor, Eric, Jake, Kristie, Chad, Tyler, Kathy and Steven are the best at what they do.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

When I wanted to join the Xarelto class action lawsuit, I chose TorrHoerman Law from a search of a dozen or so law firm websites. I was impressed with the clarity of the information they presented. I gave them a call, and was again impressed, this time with the quality of our interactions.

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