Should I Hire a Construction Accident Attorney?

Navigating a workers’ compensation claim after a construction site injury can be complex and overwhelming. Some workers can effectively secure benefits on their own. However, some claims necessitate professional legal help. For these situations, hiring a construction accident attorney can significantly impact the outcome of your claim.

These legal professionals typically specialize in personal injury law, with a focus on worksite accidents. They are familiar with the unique laws and regulations for the construction industry and know how to determine if your employer followed safety rules. They can help secure benefits for medical care, lost wages, and more. They can also represent you if a lawsuit results from your construction accident.

This article outlines how a construction accident attorney can help with your workplace accident claim. You’ll learn why injured construction workers may need legal help, how to prepare to meet with your lawyer, and more.

 Construction Accidents and Injuries

Construction sites are hazardous. They teem with potential risks, such as:

• Crane operation mishaps
• Falling objects
• .Electrocution
• Trench cave-ins
• Equipment malfunctions

These types of construction accidents can lead to serious injuries or even fatalities.

Often, accidents are preventable. They can occur due to violations of the Occupational Safety and Health Administration (OSHA) regulations. General contractors, subcontractors, or even property owners might violate OSHA’s regulations.

A construction accident can lead to various injuries. These injuries can include broken bones, disfigurement, and traumatic brain injuries. These injuries not only cause pain and suffering but also lead to high medical costs and lost wages due to time off work.

Workers’ compensation benefits are usually available to cover some of these expenses. But workers’ comp benefits often fall short of meeting all the financial needs of accident victims. This is especially true when the injury is severe or results in long-term disability.

This is where a personal injury attorney can help. Personal injury lawyers are experts in laws surrounding work-related injuries. They can support you in several ways, including:

• Providing a detailed case review
• Confirming your worksite’s OSHA compliance
• Helping you file a construction accident claim
• Conducting an evaluation to see if a third-party claim makes sense.

An evaluation is particularly relevant when negligent parties other than your employer may be responsible for the accident. This could be manufacturers, architects, or other contractors on the worksite. Your lawyer will guide you through each step of your construction accident lawsuit.

Can an Attorney Help With a Civil Claim or Workers’ Comp Claim?

A construction accident attorney can help you understand how to file a civil suit. They can advise under what legal theories to bring the action. They can also help you with a workers’ compensation claim, if applicable.

A good construction accident attorney can help you recover losses resulting from your accident at work. They can also reduce the paperwork and hassle associated with your insurance and legal claims. Hiring a lawyer can make the difference between a justly resolved case and losing money caring for your injuries from the accident.

Lawyers contribute by offering the following services:

• Case evaluation: Lawyers give an initial case review. They will look at the facts to determine the potential for a successful claim.
• Legal advice: Attorneys can explain the laws applicable to your case. They can explain your rights and your options for compensation.
• Investigation: Lawyers can gather all necessary evidence. This can include medical records, safety reports, and eyewitness testimonies. This evidence can help you build a strong case.
• Negotiations with insurance companies: Attorneys are skilled negotiators. They can get a higher settlement offer from the insurance company than you might get on your own.
• Representation in court: If your case goes to trial, an attorney can represent you in court. They can present your case to the jury. They can also work to get the largest compensation possible.

An experienced construction accident lawyer can help you get compensation. This money covers any losses incurred due to the accident. Losses include medical expenses, lost wages, and future medical needs. An attorney can also help you and your family recover when a loved one dies on a construction project. These are wrongful death cases.

These lawyers are adept at negotiating with insurance companies on your behalf, including workers’ compensation insurance. They can also help you get the largest compensation possible for your construction site injuries.

When To Hire a Construction Accident Lawyer

Hiring a construction accident lawyer early in the process can help avoid costly mistakes. The deadline to file workers’ comp claims varies by state. In addition, many states have a statute of limitations for filing a personal injury claim. This rule limits the amount of time you have to pursue a claim after the accident happens.

Personal injury attorneys know these timelines and can file your case promptly. Because you may need to pay for medical bills and cover your lost wages, the sooner you contact an attorney, the faster you may collect benefits. Generally, an injured worker should contact an attorney shortly after the accident happens, within one to two weeks.

If a representative of your employer or an insurance company approaches you with a settlement offer, don’t sign it without first talking to an attorney. The settlement may not be in your best interests, especially if you have more injuries or financial losses not accounted for in the offer.

Here are several factors that can prompt you to hire an attorney instead of handling a claim yourself:

1. The more severe the injury, the higher the potential compensation. A lawyer can help you document your injuries and prove their severity.
2. If your injuries need long-term care or have resulted in permanent disability, an attorney can ensure that these costs are fully covered in your claim.
3. If the responsible party or insurance company disputes their liability, a lawyer can collect and show evidence to support your claim. Sometimes insurance companies refuse to make a fair settlement offer or any offer at all. An attorney can negotiate and fight for your right to compensation.
4. If someone other than your employer caused your injury, such as a subcontractor or equipment manufacturer, a lawyer can help you file a third-party claim.
5. A lawyer can file your claim within the time limit or the statute of limitations.

Questions To Ask a Construction Accident Attorney

The right construction accident attorney should meet the following criteria:

• Well-versed in the relevant state and national workplace safety, transportation, negligence, or product liability laws
• Familiar with the workers’ comp claim process
• Comfortable interacting with and negotiating with insurance and health care companies
• Knows how to effectively prepare and settle a case

During your initial consultation, consider these preliminary questions to help you understand the attorney’s experience and track record:

• How long have you been practicing law? How long with construction accident cases?
• What percentage of your practice is construction accident cases? How many construction accident cases have you handled? How often have they settled? Have you gone through litigation?
• What is a typical settlement range for cases like mine?
• What is your fee structure? What out-of-pocket expenses am I responsible for?
• Do you have any references?

These questions should help you get a better idea of your lawyer’s talents, skills, and expertise.

Preparing for Your Initial Consultation

Many attorneys offer free, short consultations to decide if they can take your case. Before coming to speak with a prospective lawyer, you should have as much detailed information and facts about the construction accident and all your injuries and financial losses as possible.

There are also several pieces of documentation you should bring:

• Your employment contract or other paperwork
• Pictures of the scene, your injuries, and your medical records.
• Any record of days you missed from work
• Records and receipts for medical care related to your accident

These will help your lawyer determine the merit of your case and the best first steps to take.

If the lawyer’s office isn’t convenient, ask if your lawyer can meet you at your home or closer to your home, such as a satellite office nearby. Many law offices also offer virtual consultations. This is important if you’re still recovering in the hospital or rehabilitation facility when you decide to hire an attorney.

In cities like New York City with a booming construction industry, labor law specifically protects construction workers. A law office with personal injury attorneys experienced in these laws can make a significant difference in the outcome of your case.

The verdicts in personal injury cases can vary greatly. But a skilled attorney can increase the likelihood of a favorable outcome. They accomplish this by:

• Showing the negligent party’s fault
• Proving your injuries
• Detailing how the accident has affected your life

In some cases, the compensation awarded can cover not just medical expenses and lost wages but also pain and suffering, loss of enjoyment of life, and even punitive damages.

How Much Does a Construction Accident Lawyer Cost?

The cost of a construction accident attorney is a concern for many people.

But most personal injury lawyers operate on a contingency fee basis. This means you pay no upfront costs for their legal services. Instead, the attorney will receive some of any settlement or court award resulting from your case. This is typically a percentage of the award, ranging from 25% to 40%.

If the attorney does not win your case, you generally do not owe them anything. But some attorney agreements may include that the client may still be responsible for paying for administrative costs, such as court filing fees or investigative costs, even if you do not win your case. This contingency fee arrangement allows everyone, regardless of their financial situation, to have access to legal representation.

The cost of an attorney can indeed be worth it for several reasons:

• You have a better chance of higher compensation. 
• An attorney can handle the complex legal aspects of your case, allowing you to focus on your recovery.
• Lawyers are also experienced negotiators.
• Lawyers have knowledge of the law and procedural rules that affect your case.

For these reasons, a construction accident attorney is worth it.

How To Find a Construction Accident Attorney Near You

A skilled personal injury law firm is your best bet for navigating the aftermath of an accident. This is true whether your accident was as commonplace as a car accident or as specialized as a construction site injury.

An attorney can determine if you have a workers’ comp or civil claim. They will recommend the best course of action to maximize compensation for your injury. Having an attorney by your side can alleviate the stress of navigating the legal system and protect you from unfair settlement offers.

FindLaw’s directories of workers’ compensation attorneys and construction accident attorneys can connect you with qualified legal help near you. Select your state or city to review contact and ratings information for local experts. Then, reach out. Your attorney will be your strongest advocate during this time.