Construction workers are a staple in our society who help to create our homes, our places of businesses, and our roadways. Construction is extremely hard on the body and can take a severe toll on construction workers’ health. When we think of construction work, images of elevated scaffolding, heavy machinery, and large equipment come to mind. What we don’t often think about, however, is when something on a construction site goes horribly wrong and changes the life of a construction worker forever.
Being involved in a catastrophic construction accident can turn a victim’s life upside down. Recovering from a catastrophic injury may take years if recovery is possible at all. Many times, catastrophic construction accident victims are left to cope with the permanent effects of their injuries, as well as crippling debt from medical expenses.
If you or your loved one suffered a catastrophic construction injury, the construction accident lawyers at Regan Zambri Long can help. Our attorneys have over 100 years of combined experience and have recovered millions for our clients. We offer free initial consultations to discuss your case and offer reasonable counsel about all your legal options. Call today to get your claim started and let us help you secure the compensation you deserve.
The difference between a catastrophic construction injury and other personal injuries is the severity of the injury itself. While a typical personal injury may take weeks or even months to heal, a catastrophic injury has lifelong consequences. Catastrophic construction injury victims often remain permanently disabled after the accident. Some suffer severe brain or spinal cord damage. Some lose the capacity to walk, work, or perform the most basic activities by themselves. Many victims need medical assistance (sometimes around-the-clock) for the rest of their lives.
The most common types of catastrophic construction injuries are:
The most obvious way is physical. For example, if the accident victim suffers an injury that leaves them paralyzed, they will have to navigate a new way of life – one that is bound to a wheelchair and needs constant medical attention. Their home will have to be reconfigured to make it accessible to wheelchairs and other equipment he may need. Newly paralyzed victims may suffer tremendous emotional distress including anxiety and severe depression.
The second way is financial. Immediately following a catastrophic construction injury, such as a burn or amputation, the victim is taken to the hospital. Because of the severity of the injury, the hospital stay can last days or even months. Various scans, tests, treatments, and medications are costly. In just the first few days at the hospital, the victim will rack up thousands of dollars in medical bills.
Following the initial hospital stay, the victim may have to enter rehabilitation to learn to walk, eat, or write again. Rehabilitation is extremely expensive, costing well over $1,000 per day for each patient. Do not forget, these expenses are piling up at the same time the victim is losing wages from being out of work due to the injury.
Finally, a catastrophic construction injury affects the victim’s family. Not only is it scary and traumatizing to see a spouse, parent, child, or sibling go through a terrible accident, but the family members are the ones who usually have to step in and help care for the victim once they leave the hospital. This will not only change their entire way of life, but it can also keep them from being able to go back to work, putting the family in even more financial distress.
Catastrophic construction accidents can cause injuries that are life-threatening. In fact, about 20% of all work fatalities in 2019 were in construction. Construction jobs can be so dangerous that the four leading causes of death on construction sites have their own nickname: the Fatal Four. The fatal four causes of construction worker fatalities are:
The most frustrating thing about the fatal four is that most of those accidents are preventable. If your loved one was killed because of a fall, getting struck by an object, being electrocuted, or crushed on a construction site, their death may have been caused by someone else’s negligence.
This is where the Regan Zambri Long catastrophic construction injury lawyers can help. We will determine the party or parties responsible for the victim’s injuries. We will investigate the accident scene, interview eyewitnesses, obtain all relevant medical records, and look into work logs and other documentation to find out whose negligence led to the accident. Then, we will aggressively pursue the maximum amount of damages possible. The damages we will secure include:
At Regan Zambri Long, our catastrophic construction injury lawyers have met many clients when they are in the throes of grief. We deeply understand the pain you and your family are going through. We know you never wanted to be our client and that one moment changed your life forever.
While we cannot change what happened, we can make sure your family is financially provided for, and that you see justice being served. If you decide to pursue a wrongful death claim, our attorneys will work to secure compensation to offset the following:
If you were in a construction accident and suffered a catastrophic injury, the following steps may be taken to ensure your safety and help in the claims process:
Your health and safety are the most important considerations – do not hesitate to call 911. You should be thoroughly examined by a doctor. Any and all treatment should be provided to try to lessen the severity of the injuries.
Your employer should be notified as soon as possible after the accident occurs so that it is officially on record. The record of the accident will help in the claims process. It is also the first step in securing workers’ compensation for the accident.
If you unable or cannot take notes or documentation of the accident scene, ask a trusted coworker or friend to document what happened. The trauma of the accident may leave the victim unable to remember details, so documenting information early will be helpful. If scaffolding, machinery, or equipment led to the victim’s injuries, take photos and videos of those specifically, as well as the entire site of the accident.
Your Regan Zambri Long catastrophic construction accident attorney will use witness testimony to help prove your claim and secure compensation. Speaking to witnesses early, with the accident fresh in their minds will be extremely beneficial to your case. Witnesses may agree to be recorded while recounting what happened. If they do not, writing down their testimony will be helpful.
Workplace safety violations are the most common cause of injury or death in the workplace. The Occupational Safety and Health Administration, commonly called OSHA, reported that 5,190 workers died in the course of their work recently. OSHA was created in 1970 by the Occupational Safety and Health Act and was created to ensure safe workplace conditions for workers by creating a baseline of health and safety standards by providing rules and education to workplaces. Some crucial standards for safety and health in the workplace are:
The general requirements for workers’ compensation coverage are that you must be classified as an employee, your employer must carry workers’ compensation insurance, and your injury must have been work-related. You also have to make sure that you report your injury and file your workers’ compensation claim on time. If you have questions about whether you are covered, you should contact a lawyer to discuss your injury and your claim.
You should always file a written report with your employer after the injury. Some states require you to report immediately, while others give deadlines ranging from 10 days to 90 days. In Washington, D.C., for example, you are required to file a written report with both the D.C. Office of Workers’ Compensation and your employer within 30 days. You will then file your workers’ compensation claim by filling out the Employee’s Claim Application. Under the federal program, the deadline is 3 years, but in DC, you would only have 1 year to file your claim.
Sometimes the person injured in a construction accident is not an employee. There are many types of hazardous conditions on construction sites that could injure passersby. When this situation occurs, the injured passerby can still be compensated for their injuries by filing a claim with the construction company’s liability insurance, not with the workers’ compensation insurance.
A personal injury on a construction site when the injured party is not an employee is a type of tort, which is a type of civil action for negligent or reckless actions. To prove a construction site personal injury, the plaintiff must establish the four elements of a tort claim: Duty, Breach, Cause, and Damages.
To prove a claim for construction site injury, the non-employee passerby has to prove that the owner of the land or the company managing the premises where the injury occurred was responsible for causing their injury. In some cases, this can be hard to prove. For instance, if the passerby had no right to be on the land and was trespassing, the construction company most likely did not owe them a legal duty.
The flip side of this is that if it was foreseeable to the construction company that people would trespass or if the construction site was an area where people needed to cross through and no precautions were taken to avoid this (such as putting out signs or tape), they may have owed a duty of care to passersby. In a situation like this, the company could have been obligated to either keep trespassers out, notify them of danger, or put safety protocols into action to avoid harm.
Determining whether a duty existed is very fact specific and will depend on a case-by-case basis. The question of duty alone can require quite a bit of legal analysis, and larger construction companies normally have the resources to put together teams of lawyers who specialize in this area of the law. It is critical for an injured passerby to have good legal counsel who can protect their rights against teams of high-powered construction defense lawyers.
After it’s been proven that the construction company breached their duty and caused the injury to the victim, the amount of damages to compensate the victim has to be calculated. Liability insurance adjusters may not offer a fair settlement amount. An experienced lawyer can help the victim negotiate a reasonable settlement and will fight to defend the amount of money the victim deserves.
Nearly all personal injury claims have a statute of limitations and the length will depend on the state:
Our construction injury and workers’ compensation lawyers have the experience, knowledge, and resources to fight for the rights of those injured in the workplace. Our lawyers often operate on a contingency fee basis, meaning that they are compensated for their services only after you win, and the amount owed is based on the amount you win at trial. We are confident that we can reach the settlement you deserve. Call today to schedule a free consultation.
Catastrophic construction injuries are not easy to overcome, especially alone. At Regan Zambri Long, our catastrophic construction injury lawyers are ready to partner with you and help take the weight of the claims process off your shoulders.
Our job is to take care of the paperwork, negotiate with insurance companies, and make sure you and your family are provided for. Your job is to focus on a complete recovery.
Call today for a free consultation with a nationally recognized catastrophic construction injury lawyer. We work on a contingency basis–that means, you will not be charged a fee until the case is settled. we will charge a percentage of your settlement or recovery. There is no need to go through this alone. Call today and let the Regan Zambri Long catastrophic construction injury attorneys fight for your rights.