Why Should You Hire an Duluth Construction Accident Attorney?
Construction accident injury claims can be expensive and difficult to litigate. These cases require an understanding of both the legal process and the mechanism of the injury to be successful. A law firm will have the resources and personnel you need for the strongest possible claim.
A personal injury lawyer in Duluth can hire medical experts, return to the scene of your construction accident, collect evidence and take many other steps to recover the financial compensation you deserve. An attorney can take over the entire claims process while you and your family concentrate on moving forward.
What Should I Do After a Construction Accident?
Knowing what to do after a construction site accident can help you protect your legal rights and take the correct steps if you find yourself in this predicament. If you get injured in a construction accident in Duluth, Georgia, report the accident immediately. Tell someone at the construction site, such as your employer or a site manager that you have been injured. If you are an employee, make sure to report the accident to your employer within at least 30 days to be eligible for workers’ comp. Request an official accident report. If you can, take pictures of the scene of the accident before you leave, or have someone take pictures for you.
Seek medical attention immediately. If you plan on filing a workers’ compensation claim, you may have to go to a specific doctor that has been approved by your employer (except in emergencies). Document your injury by keeping copies of your medical records. Then, before you begin the insurance claims process, consult with a construction accident attorney in Duluth about your legal options. Rushing into a fast settlement could lead to less financial compensation than you deserve for your medical bills and other expenses. An attorney can help you choose the right course of action for your specific situation.
Who is Liable For a Construction Site Accident?
Liability refers to an individual or entity’s legal responsibility for causing an accident, injury, illness or death. In Georgia, someone is liable for a construction accident if that person caused or contributed to the accident through a negligent or unlawful act. Negligence consists of four key elements:
- Duty of care owed. A duty of care is an obligation to act a certain way according to the circumstances. For example, in construction, an employer has a duty of care to ensure a reasonably safe workplace. A property owner also has a duty to maintain a safe premises.
- Duty of care breached. A breach of duty refers to any act or omission that falls short of the accepted level of care. If an ordinarily prudent party would not have done the same thing in the same circumstances, the defendant has breached his or her duty of care.
- Causation for the accident. The defendant’s mistake must have caused or significantly contributed to the construction accident. In other words, the construction accident would not have happened but for the defendant’s actions.
- Specific losses suffered. The victim who is filing the injury claim must have evidence of real, specific losses. Evidence can include medical bills that prove physical injuries and pay stubs that prove lost wages.
Most construction accident claims in Georgia name the construction company as the defendant. A company may be liable for your accident if it or one of its employees was negligent, such as by violating an OSHA rule. Other potential defendants include the manufacturer of a defective product or the owner of a dangerous property.
Who Can File a Construction Accident Lawsuit in Duluth?
If you were injured as a bystander, such as a pedestrian walking through a dangerous construction zone in Duluth or a driver who was involved in a roadside construction site accident, you can file a personal injury lawsuit in Duluth in pursuit of financial compensation for your related expenses. It can be more difficult to file a lawsuit, however, if you were an employee of a construction company at the time of your accident.
Georgia’s workers’ compensation insurance program gives injured employees the opportunity to recover financial benefits without needing to prove fault or negligence. The tradeoff, however, is that the employee gives up the right to file a lawsuit against the employer for workplace injuries. If you accept a workers’ comp settlement, therefore, you cannot hold your employer responsible for the construction accident in Duluth.
If, however, you do not accept a workers’ comp settlement and can prove that your employer caused your injury through an act of negligence – or if a third party other than your employer caused your injury, such as an equipment manufacturer – you could file a lawsuit as an injured party in Georgia. It will be up to you or your Duluth construction accident lawyer, however, to prove that one or more parties caused your injury if you decide to file a lawsuit.
What Are the Most Common Causes of Construction Accidents in Duluth?
Metropolitan cities like Duluth rely on construction projects to improve the safety of their roads and buildings. To regulate the dangers surrounding the construction industry and to make projects less likely to result in injuries and deaths, the Occupational Safety and Health Administration (OSHA) has hundreds of rules in place. Sadly, preventable construction site accidents still take place in Duluth each year.
Leading causes of construction accidents and injuries in Georgia include:
- Transportation accidents
- Lack of construction worker training
- Inadequate protective gear for workers
- Poor scaffolding construction
- Structural collapses
- Ladder falls
- Dangerous premises
- Crane accidents
- Equipment accidents
- Defective equipment
- Fires and explosions
- Falling objects
Many issues can lead to dangerous conditions for construction workers in Duluth. Construction sites that contain hazards and defects also pose a risk of injury to passing drivers, bikers and pedestrians. Lax adherence to OSHA safety standards at construction sites, along with a demand for fast work, can increase the odds of a preventable accident. If your accident was caused by an employer’s negligence, contact our Duluth construction accident lawyers for assistance with a personal injury claim.
Types of Construction Injuries
A safety issue or preventable accident at a construction site can inflict many serious injuries on a worker. A construction accident could cause long-term or permanent injuries, disability or scarring. Even more minor workplace injuries can result in expensive medical bills, serious pain and suffering, and lost wages. The injuries that may be reported by a worker after a construction accident in Duluth include:
- Broken bones
- Soft-tissue and muscle injuries
- Repetitive motion injuries
- Burn injuries
- Eye and ear injuries
- Electrocutions/electric shock
- Traumatic brain injuries
- Back and spinal cord injuries
- Losses of limb
- Scarring and disfigurement
- Internal injuries
- Loss of a bodily function
- Illnesses due to toxic exposure
- Post-traumatic stress disorder
- Fatal injuries
Every year, thousands of workers in Georgia visit hospitals and emergency rooms for serious injuries and illnesses experienced at construction sites. With any type of injury related to work, you may be facing necessities such as medical care, physical therapy, rehabilitation and occupational therapy to get your life back on track. You may be entitled to financial compensation for your injury and all of these related expenses, both as a worker or an injured bystander.
Contact Our Duluth Construction Accident Lawyers
As the victim of a construction accident, you have enough to worry about without taking on a personal injury lawsuit. With help from an Duluth construction accident attorney, you can improve your odds of a successful case against one or more defendants while you focus on recuperating.