Defective Construction Equipment- A Threat to Workers

Construction work consistently ranks among the most dangerous industries. A construction site is an inherently dangerous place, often containing unfinished structures, open excavation, exposed wiring, and other hazards. In addition, the work at a construction site often involves heavy machinery and power tools that can potentially cause serious injury. Defective construction equipment can pose a serious threat to workers as well as visitors. It is important that every piece of equipment be built and tested adequately by the product manufacturer.

When someone is injured in a construction site accident caused by defective equipment, the consequence can be devastating. It is possible, however, to assert a legal claim against the party or parties responsible for providing the defective equipment. Therefore, anyone injured in a construction site accident due to defective equipment should discuss possible options with an experienced construction site accident attorney.

Construction equipment defects:

Manufacturing defect: A manufacturing defect generally involves defective or substandard materials. A manufacturing defect can cause a product to fail while it is being used, resulting in significant injury.

Design defect: A design defect case may arise in a situation where a product is designed in such a way that it is unreasonably dangerous to use as intended. For instance, a power tool may be designed without adequate emergency shut off or a power saw without a guard to protect the user’s hands.

Marketing defect: A marketing defect case may arise when a product poses a non-obvious risk that could have been easily mitigated with a warning, but the manufacturer or seller failed to warn the consumer.

Defective construction site equipment may result in an injury-causing accident

Defective Construction site equipment that could potentially result in an injury-causing accident:

·         Scaffolding

·         Specialized protective clothing

·         Welding equipment

·         Power tools

·         Heavy machinery

·         Safety harnesses

·         Helmets

·         Electrical equipment

·         Saw and cutting blades, etc.

After an injury due to defective construction equipment, it is important to seek medical attention and discuss your options with an experienced defective construction equipment attorney who will be able to thoroughly analyze the facts of the case and advise you on evidence of legal negligence.

Defective Construction Equipment

My uncle has been severely injured in a construction accident caused by defective equipment. What should I do to help him find justice and compensation?

When a loved one is injured in a construction site accident caused by defective equipment, the consequence can be devastating. It is possible, however, to assert a legal claim against the party or parties responsible for providing the defective equipment. Therefore, anyone injured in a construction site accident due to defective equipment should discuss possible options with an experienced construction site accident attorney. 

What are the different types of injuries compensable under workers’ compensation benefits?

Most work related injuries are compensable. An injury can be classified as work related if the accident happened while the employee was doing something on behalf of the employer or during the course of employment. Injuries that are covered by workers’ compensation include:

·         Physical injuries

·         Repeated trauma injuries

·         Mental injuries

·         Occupational injuries

Basics of Workers’ Compensation Benefits

A construction site accident can cause serious injuries to workers. However, injured victims may be able to recover damages for his/her injuries through workers’ compensation benefits. These benefits include payment of medical bills, vocational rehabilitation, and compensation for the time the employee is not able to work, or total disability benefits.

Types of injuries compensable under workers’ compensation

Most work related injuries are compensable. An injury can be classified as work related if the accident happened while the employee was doing something on behalf of the employer or during the course of employment. Injuries that are covered by workers’ compensation include:

·         Physical injuries

·         Repeated trauma injuries

·         Mental injuries

·         Occupational injuries

Types of workers’ compensation benefits

Workers’ compensation laws vary from state to state. However, injured employees are entitled to certain common benefits, including:

Medical benefits: An injured worker may recover 100 percent of medical costs under workers’ compensation benefits. He/she may also be entitled to cash benefits for lost work time after a three-to-seven-day waiting period.

Temporary total disability: When a work related injury or illness temporarily stops a worker from going back to his/her pre-injury job, for which he/she is otherwise qualified, the victim may be entitled to temporary total disability benefits. The cash benefits can differ, depending on the severity and duration of the injury. This benefit ends when the worker is fit to go back to work.

Permanent total disability and permanent partial disability: This kind of benefit is given when an injured worker has suffered from injuries that have impaired the employee permanently. Permanent total disability benefits are given to workers who cannot work due to work related injury or illness. On the other hand, permanent partial disability benefits are given when the worker suffers permanent physical impairment, although he/she is not completely limited in his/her ability to work.

Basics of Workers’ Compensation Benefits

I have recently taken up a construction site job. I don’t have much knowledge of workers’ compensation benefits. I would like to know the types of injuries that are compensable under workers’ compensation benefits.

Most work related injuries are compensable. An injury can be classified as work related if the accident happened while you were doing something on behalf of the employer or during the course of your employment. The types of injuries covered by workers’ compensation include:

·         Physical injuries

·         Repeated trauma injuries

·         Mental injuries

·         Occupational injuries

What is the evidence needed to prove pain and suffering in a personal injury case?

Your personal injury attorney will prove your pain and suffering utilizing the following evidence:

·         Medical records

·         Receipts for prescriptions and over-the-counter medication bills

·         Medical bills for treatment, therapy, emergency room visits and treatment by mental health professionals

·         Proof of time off from work

·         Pictures of your injuries

·         Statements from family and friends documenting the effect of your injuries on relationships and in other areas of life.

What is Pain and Suffering in a Personal Injury Case?

Pain and suffering is the physical pain and emotional anguish a victim endures as a result of a personal injury accident. Emotional anguish can include depression, anxiety, insomnia, irritability and more. The injuries you suffer in an accident can affect many areas of your life, including your ability to work and participate in activities with friends and family. Unfortunately, even after physically recovering from your injuries, you might be experiencing pain and complications stemming from feelings of fear and anxiety.

How are Damages for Pain and Suffering Calculated?

The pain and suffering you have experienced is difficult to calculate and is very subjective. To calculate pain and suffering damages, the following are taken into account.

Pain: The pain you have experienced because of your injuries include:

·         The pain you suffered in the accident

·         The pain that you experienced from treatment of your injuries

·         Chronic pain you may experience after your recovery

Suffering: Many personal injury victims experience psychological and emotional problems after an accident. These include:

·         Nervousness, anxiety and fear

·         Isolation and depression

·         Lack of sleep and fatigue

·         Digestive problems

·         Other physical expressions of stress such as headaches, heart palpitations and muscle pain

How to Prove Pain and Suffering

Your personal injury attorney will prove your pain and suffering utilizing the following evidence:

·         Medical records

·         Receipts for prescriptions and over-the-counter medication bills

·         Medical bills for treatment, therapy, emergency room visits and treatment by mental health professionals

·         Proof of time off from work

·         Pictures of your injuries

·         Statements from family and friends documenting the effect of your injuries on relationships and in other areas of life

Pain and Suffering Damages

Ever since meeting with a car accident, I have been suffering from anxiety disorders. Can I claim pain and suffering damages?

Pain and suffering is the physical pain and emotional anguish a victim endures as a result of a personal injury accident. Emotional anguish can include depression, anxiety, insomnia, irritability and more. The injuries you suffer in an accident can affect many areas of your life, including your ability to work and participate in activities with friends and family. Unfortunately, even after physically recovering from your injuries, you might be experiencing pain and complications stemming from feelings of fear and anxiety.

What should I do after a car accident involving a city or a state-owned vehicle?

The following is a list of things you can do after a car accident involving a city or a state-owned vehicle:

·         Get a police report of the accident. A police report can be helpful because it will include details of the crash, including the names and contact information of those involved.

·         Make sure that the other party involved in the accident is the government, and not a private party. A vehicle may look like it is being operated by the government, while in reality being owned and operated by a private company.

·         It may not be apparent what part of the government a vehicle belongs to. Finding the appropriate government agency is imperative if you would like to take legal action.

·         Before you can sue in the civil court, you will need to file an administrative claim with the government.

·         Organize all documents related to the accident. Get all your photos, papers, documents, and bills in order. If you are not efficiently organized, there is a risk that your claim will be thrown out or not taken seriously.

Car Accident Involving Government Vehicle

Getting involved in a car accident involving a city or state-owned vehicle can be overwhelming and daunting. People have a common misconception that when they hit or get hit by a city or state-owned vehicle, they have no grounds for legal action. However, the truth is that they do have options.

The following is a list of things you can do after a car accident involving a city or a state-owned vehicle:

Get a police report

Make sure to get a police report. A police report can be helpful because it will include details of the crash, including the names and contact information of those involved. It will also include a brief description of the event surrounding the accident. You may have to pay a fee to get the police report. However, the police report will be helpful to the case.

Make sure the other party is the government party

Make sure that the other party involved in the accident is the government, and not a private party. A vehicle may look like it is being operated by the government, while in reality being owned and operated by a private company. Double check to know what you are up against.

Find the appropriate agency

It may not be immediately apparent what part of the government a vehicle belongs to. Finding the appropriate government agency is important if you would like to take legal action. Contact the other driver involved in the accident. This should not be difficult if you exchange information with the other driver at the scene of the accident.

File a government claim for damages

Before you can sue in the civil court, you will need to file an administrative claim with the government. An administrative claim goes directly to the city or state government’s legal teams, who will then evaluate the claim for damage or injury. The government has several months to either settle or reject the claim. However, if they reject the claim, you can sue them.

Organize your documents

Organize all documents related to the accident. Get all your photos, papers, documents, and bills in order. If you are not efficiently organized, there is a risk that your claim will be thrown out or not taken seriously.

Car Accident Involving Government Vehicle

I was injured in a car accident involving a city-owned vehicle. I am not sure if I can sue a government entity for the accident. I have suffered injuries and am currently unable to go to work. Please advice.

Getting involved in a car accident involving a city or state-owned vehicle can be overwhelming and daunting. People have a common misconception that when they hit or get hit by a city or state owned vehicle, they have no grounds for legal action. However, they do have options.

The following is a list of things you can do after a car accident involving a city or a state-owned vehicle:

·         Get a police report of the accident.  A police report can be helpful because it will include details of the crash, including the names and contact information of those involved.

·         Make sure that the other party involved in the accident is the government, and not a private party. A vehicle may look like it is being operated by the government, while in reality being owned and operated by a private company.

·         It may not be apparent what part of the government a vehicle belongs to. Finding the appropriate government agency is imperative if you would like to take legal action.

·         Before you can sue in the civil court, you will need to file an administrative claim with the government.

Organize all documents related to the accident. Get all your photos, papers, documents, and bills in order. If you are not efficiently organized, there is a risk that your claim will be thrown out or not taken seriously.

How can one establish fault in a construction accident caused by a falling object?

Like most personal injury cases, a construction site falling object accident involves negligence or carelessness. This type of case is usually directed at the construction company for negligence. In order to win a negligence case, the plaintiff must provide evidence relating to the following four elements: duty, breach, causation, and damage. He/she must prove that:

·         The construction owner had a duty to maintain a safe area within the construction site.

·         The construction owner broke that duty by not taking steps and measures to ensure safety of the construction area.

·         The construction owner’s failure to exercise reasonable care caused the injury.

·         The victim suffered damages from the falling object.

Falling Objects Causing Construction Accidents

Falling objects at construction sites can be dangerous. They can cause serious injuries to employees as well as passers-by. Construction companies should protect their employees and innocent bystanders from harm from falling objects. Objects at construction sites may fall for many reasons, but in most cases this happens because of carelessness, negligence or rule-breaking. Common reasons for falling objects at construction sites include:

·         Insufficient distance between pedestrians and construction sites

·         Insufficient warning signs

·         Failing to secure tools and other equipment, causing a high risk of the equipment falling

Common injuries sustained in construction accidents involving falling objects

·         Bruises

·         Broken bones

·         Paralysis

·         Neck and back injuries

·         Lacerations

·         Traumatic brain injury

·         Permanent disabilities

·         Death

Objects that commonly fall and cause accidents

Some of the objects that commonly fall and cause serious injuries include:

·         Tools such as hammers, sledgehammers and power tools

·         Bricks and cinder blocks

·         Metal fittings and pieces of metal railings

·         Rebar or other metal bars

·         Pieces of metal, sheet metal and duct work

·         Support beams

·         Wires or cables

Proving fault

Like most personal injury cases, a construction site falling object accident involves negligence or carelessness. This type of case is usually directed at the construction company (owner) for negligence. The elements of negligence are duty, breach, causation, and damage.

In order to file a successful lawsuit, a victim must prove that:

·         The construction owner had a duty to maintain a safe area within the construction site.

·         The construction owner broke that duty by not taking steps and measures to ensure safety of the construction area.

·         The construction owner’s failure to exercise reasonable care caused the injury.

·         The victim suffered damages from the falling object.

Construction Accidents Due to Falling Objects

My brother has been in the construction industry for almost 2 years now. A week back, he was struck by a piece of iron rod which fell on him, injuring his spinal cord. Currently, he is undergoing treatment. I would like to know if we can hold the construction company responsible for the accident.

Yes, you can hold the construction company responsible for the accident. Like most personal injury cases, falling object accidents involve negligence or carelessness. A construction worker or pedestrian who is injured by a falling object may sue the construction company. In order to be successful in a lawsuit caused by a falling object, you must prove that:

·         The construction owner had a duty to maintain a safe area within the construction site.

·         The construction owner broke that duty by not taking steps and measures to ensure the safety of the construction area.

·         The construction owner’s failure to exercise reasonable care caused the injury.

·         The victim suffered damages from the falling object. 

What are the cons of settling a personal injury case “out of court”?

The two major cons of settling a personal injury case “out of court” are:

·         The compensation is less: The monetary award offered in a settlement may be much lesser than in a court trial. However, the value of the settlement must be weighed against the risk of going to court as well as the increased costs.

·         It does not cover punitive damages: Oftentimes, out of court settlements do not cover punitive damages, such as emotional suffering.

Pros & Cons of Settling a Personal Injury Case Out of Court

Deciding whether to settle a personal injury case out of court or take it to trial is a major decision. It depends on the nature of the case, as well as personal preferences. However, most personal injury cases settle out of court before reaching trial.

In an “out of court” settlement, the defendant or defendant’s insurance company offers a settlement to the plaintiff in exchange for a release of liability. There are advantages and disadvantages of settling a case before trial. An experienced personal injury attorney can evaluate your case to determine the option with the best outcome.

The pros

It saves Time: Settling a case before trial is quicker. Often, trials begin a year after the initial claim is filed. The whole process may take up to three years or even longer, depending on the complexity of the case and the jurisdiction.

It reduces stress: Settling a personal injury case out of court is less stressful and burdensome. An offer is negotiated, the defendant makes the settlement, and the case is resolved. On the other hand, a trial can be stressful for all the parties involved. It requires several court appearances, as well as being subjected to examination and cross-examination. In addition, a cross-examiner attempts to undermine a person’s credibility in public.

It protects privacy: In a settlement, the details are kept confidential, unlike in a trial, where all the case details become public record.

It is less expensive: A trial can be very costly. The attorney fees are much higher when a case goes to trial than when it is settled out of court.  Besides high attorney fees, trial costs can involve paying expert witnesses, court charges, administrative fees, travel expenses, etc.

It is predictable: An experienced lawyer can predict the outcome of a settlement better than jury decisions.

There is no record of guilt: Unlike a trial, an out of court settlement does not require the defendant to admit his or her wrongdoing. On the other hand, in a trial the defendant has to plead “guilty” or “not guilty.”

The cons

The compensation is less: The monetary award offered in a settlement may be much lesser than in a court trial. However, the value of the settlement must be weighed against the risk of going to court as well as the increased costs.

It does not cover punitive damages: Oftentimes, out of court settlements do not cover punitive damages, such as emotional suffering.

Should I take my personal injury case to trial or settle it “out of court”?

Deciding whether to settle a personal injury case out of court or take it to trial is a major decision. It depends on the nature of the case, as well as personal preferences. However, most personal injury cases settle out of court before reaching trial. In an “out of court” settlement, the defendant or defendant’s insurance company offers a settlement to the plaintiff in exchange for a release of liability. There are advantages and disadvantages of settling a case before trial. An experienced personal injury attorney can evaluate your case to determine the option with the best outcome.

Who can be held responsible for a car accident caused by a bad road condition?

Generally, the city, county, and the state are responsible for maintaining the roads. Sometimes the responsibility may be shared by more than one agency. However, proving fault in a car accident due to a road defect can be complicated. You must prove that the road condition actually caused your injuries or caused damage to your car. You must also show that the government agency or company responsible for maintaining the road was negligent in its duty to provide a safe roadway.

Most state and the federal governments cannot be sued. However, there are exceptions. If the agency was negligent in maintaining a roadway, you may be able to bring a lawsuit against it.

Car Accident Caused By Poor Road Condition

Potholes, faulty design, missing guardrails, erosion, and other such poor road conditions can cause a serious car accident. Proving fault in a car accident caused by a road defect can be complicated. You must prove that the road condition actually caused your injuries or caused damage to your car. You must show that the government agency or company responsible for maintaining the road was negligent in its duty to provide a safe roadway. You must also show that the agency failed in its duty to warn drivers of a potential hazard.

Liability

The city, county, and the state are responsible for proper maintenance of roadways. Sometimes the responsibility may be shared by more than one agency. Therefore, before filing a lawsuit, you must find out which agency was responsible for maintenance of that particular roadway.

How do you prove negligence?

·         You must prove that the agency was negligent in its duty to maintain a safe road.

·         You must show that the agency could have or should have repaired the road, but chose not to do so, or that the agency built the road in a dangerously defective manner.

Proving negligence in a case involving vehicle damage can be difficult. This is because sometimes the damage might not get noticed immediately after the accident, and it may be difficult to retrace a car’s route to show what specifically caused the damage. Under such a circumstance, your testimony will be the only proof of how the damage was caused. The agency can argue that the accident was caused due to poor driving or bad weather.

How do you sue the agency?

Most state and the federal governments cannot be sued. However, there are exceptions. If the agency was negligent in maintaining a roadway, you can sue it.

Another rule that prevents a government agency from being sued is the “statute of limitations.” You must sue the government agency within a given time period. If you fail to do so within the given time frame, a court will not allow you to sue later.

The statute of limitations for injury claims based on poor road conditions stipulates that, typically, any lawsuit on the matter must be filed within a set time period of between six months to two years, depending on the state in which the accident occurred. If you decide to sue, you must notify the responsible agency beforehand the reason for why you are going to sue.

Car Accident Caused by Poor Road Condition

Two days back, as I was returning home, I met with a serious car accident. The front portion of my car went directly into a pothole, and has been badly damaged. Who do I sue for this?

Generally, the city, county, and the state are responsible for maintaining roads. Sometimes the responsibility for a certain roadway may also be shared by more than one agency. However, proving fault in a car accident due to a road defect can be complicated. You must prove that the road condition actually caused your injuries or caused damage to your car. You must also show that the government agency or company responsible for maintaining the road was negligent in its duty to provide a safe roadway.

Most state and federal governments cannot be sued. However, there are exceptions. If the agency was negligent in maintaining a roadway, you may be able to bring a lawsuit against it.

What are the benefits covered under workers’ compensation claims?

The following are the benefits:

·         All your medical bills, prescriptions and travel to the hospital will be covered under workers’ compensation benefits.

·         Should your injury compel you to take time away from work, you may be entitled to a temporary disability payment. Under this, you will be entitled to partial compensation for wages you have lost.

·         If your construction site accident injuries are very serious and you can’t completely recover from them, you may be entitled to a monetary award.

·         If your injury prevents you from returning to your previous job, you may be entitled to assistance to get another job.

Benefits Covered Under Workers’ Compensation Claim

If you have been injured while working at a construction site, you may be entitled to workers’ compensation claims. Workers’compensation is a legal measure that provides specific benefits to an injured employee and covers lost wages and medical expenses. When you file a workers’ compensation claim, you may be entitled to the following:

Medical treatment benefit

All your medical bills, prescriptions and travel to the hospital will be covered under workers’ compensation benefits. However, you will have to use the services of the company doctor for a month, following which you can choose a doctor of your choice.

Temporary disability benefit

Should your injury compel you to take time away from work, you may be entitled to a temporary disability payment. Under this, you will be entitled to partial compensation for wages you have lost. A temporary disability payment is given out every two weeks, and equals about two-thirds of average weekly gross pay.

Permanent disability benefit

If your construction site accident injuries are very serious and you can’t completely recover from them, you may be entitled to a monetary award. Permanent disability implies that you have lost the ability to work like you used to. The extent of limitation the injury has placed on your activities will determine the amount and rate of compensation you will receive.

Vocational rehabilitation benefit

If your injury prevents you from returning to your previous job, you may be entitled to assistance to get another job. The vocational rehabilitation benefit usually has a maximum monetary limit and may be replaced by an offer of modified work from the employer.