Construction Accidents and Workers’ Compensation

If you have been injured on a construction site, depending on your employment situation and the extent to which your employer is responsible for your injuries, you may be eligible to collect workers’ compensation benefits. Workers’ compensation is a special type of benefit to which an injured worker is entitled, including lost wages and medical expenses. It is like a safety net for workers when they are injured while on the job. The law requires every business to have workers' compensation insurance to cover its employees in the event of construction accidents.

Under a workers' compensation program, an injured worker is entitled to:

Medical Care: The injured has the right to receive compensation for all medical treatment to help cure the effects of the work-related illness or injury. This may include compensation for medical bills, prescriptions and even round-trip mileage to the hospital.

Temporary Disability: In the event that the injured party must take time away from work due to medical reasons, he or she is entitled to temporary disability payments. The injured is entitled to receive two-thirds of average weekly gross pay every two weeks.

Permanent Disability: If the injured worker is permanently disabled as a result of the injuries, workers' compensation may also cover permanent disability payments. The amount and rate usually depend on how much limitation the injury has placed on activities of the injured as well as his or her age, occupation and earnings at the time of injury.

Vocational Rehabilitation: If the injury prevents the injured to return to his or her former job, vocational rehabilitation offers assistance in finding and training for a new job.

What is workers’ compensation?

My brother was injured in a construction accident. We have been told that he is entitled to receive benefits under worker’s compensation. What is it all about?

Worker's compensation is a special type of benefit to which an injured worker is entitled, including lost wages and medical expenses. It is like a safety net for workers when they are injured while on the job.

The law requires every business to have workers' compensation insurance to cover its employees in the event of an accident.

What are the common causes of auto accidents in urban areas?

Here are some of the common causes:

Traffic jams: Due to the large volume of traffic on multi-lane highways, many drivers choose to tailgate, drive recklessly, speed and change lanes improperly. All these can result in serious accidents.

One-way streets and limited u-turns: Motorists who are new to the area may not be familiar with urban street directions like one-way streets, limited u-turns, and bus or bike lanes.  It is quite common for these motorists to drive against traffic on one-way streets, or make dangerous u-turns in unsafe areas and cause accidents.

Running red lights: This is a major cause of urban auto accidents. Running red lights is not only dangerous to those drivers who indulge in it, but also to other drivers on the road.

Road defects: Many urban roads are heavily used and poorly maintained. This results in cracks, potholes, and other defects that can damage car tires or cause drivers to lose control of their vehicles.

Construction zones: Construction work happens on a regular basis in urban areas. Auto accidents can occur when construction zones are improperly blocked off, or when there are no signs to inform drivers of construction work.  

Causes of Auto Accidents in Urban Areas

Auto accidents are common and it can happen anywhere and anytime for a number of reasons. However, because of the large number of vehicles in urban areas and the structural development of roadways there, auto accidents are more common in urban areas.

Here are some of the common causes of auto accidents in urban areas:

Traffic jams: Due to the large volume of traffic on multi-lane highways, many drivers choose to tailgate, drive recklessly, speed and change lanes improperly. All these can result in serious accidents.

One-way streets and limited u-turns: Urban areas have limited u-turns and one way streets. Motorists who are new to the area may not be familiar with these urban street directions and get confused.  It is quite common for these motorists to drive against traffic on one-way streets, or make dangerous u-turns in unsafe areas and cause accidents.

Running red lights: This is a major cause of auto accidents in the urban areas. Running red lights is not only dangerous to those drivers who indulge in it, but also to other drivers on the road.

Road defects: Many urban roads are heavily used and poorly maintained. This results in cracks, potholes, and other defects that can damage car tires or cause drivers to lose control of their vehicles.

Construction zones: Construction work happens on a regular basis in urban areas. Auto accidents can occur when construction zones are improperly blocked off, or when there are no signs to inform drivers of construction work.

Auto Accidents in Urban Areas

Why are auto accidents so common in urban areas?

Urban areas are particularly vulnerable to auto accidents because of the large number of vehicles and the structural development of roadways there. Here are some common causes of auto accidents in urban areas:

Traffic jams: Due to the large volume of traffic on multi-lane highways, many drivers choose to tailgate, drive recklessly, or speed and change lanes improperly. All these can result in serious accidents.

One-way streets and limited u-turns: Urban areas have limited u-turns and one-way streets. Motorists who are new to the area may not be familiar with these urban street directions and get confused.  It is quite common for these motorists to drive against traffic on one-way streets, or make dangerous u-turns in unsafe areas and cause accidents.

Running red lights: This is a major cause of auto accidents in urban areas. Running red lights is not only dangerous to those drivers who indulge in it, but also to other drivers on the road.

Road defects: Many urban roads are heavily used and poorly maintained. This results in cracks, potholes, and other defects which can damage car tires or cause drivers to lose control of their vehicles.

Construction zones: Construction work happens on a regular basis in urban areas. Auto accidents can occur when construction zones are improperly blocked off, or when there are no signs to inform drivers of construction work.

What should I do after a slip, trip and fall accident?

If you had slip, trip and fall accident, make sure you do the following:

1.       Seek medical treatment

2.       Report the accident

3.       Document everything

4.       Decline to give statements

5.       Call an attorney

5 Steps to Take After a Slip, Trip, and Fall Accident

1.       Seek Medical Treatment: If you have been injured in an accident it is important to see a doctor so that your injuries can be properly documented. The medical records will be important pieces of evidence when claiming for compensation for your injuries.

2.       Report the Accident: No matter where the slip, trip, and fall accident happens, in a store, on a sidewalk, or at a friend's house, make sure you report it to a manager, owner or landlord. Ask the manager, owner or landlord to make a written report, and request a copy before you leave.

3.       Document Everything: Collect the names, addresses, phone numbers and email addresses for all potential witnesses. Also, if possible take pictures of the location where you fell and make sure to photograph any stairs, icy patches, or other conditions that contributed to your accident. Write down the details of the accident, the way you fell, and any other details, including the exact time and date.

4.       Decline to Give Statements: Remain calm and limit your communication with the property owner or manager. Do not give any statement to the insurance company until you've spoken to an attorney.

5.       Call an Attorney: Speak to an attorney at the earliest. Since many slip, trip, and fall cases are complex and difficult to prove, you are best served by the resources of an experienced attorney.

5 Steps to Take After a Slip, Trip, and Fall Accident

What should I do if I slipped, tripped and fell?

What you do after you slipped, tripped and fell is important when filing a claim. Your compensation will largely depend on your post fell action. Here is what you should do after a slip, trip and fall accident:

1.       Seek medical treatment

2.       Report the accident

3.       Document everything

4.       Decline to give statements

5.       Call an attorney

What are the types of lawsuit family members can bring after the death of a loved one in a construction accident?

As a family member of the deceased, two potential lawsuits can be brought against the responsible parties:

Wrongful death action: This lawsuit is filed to sue for harm that was caused to family members as a result of the loss of his or her loved one.

In this lawsuit, he or she may argue that:

·         His or her loved one died due to somebody else’s negligence.

·         He/she left behind close family members.

·         His/her death caused losses, including loss of financial support, loss of love and emotional support, and loss of quality of life.

Survivor action: In this lawsuit, he or she may make the following argument:

·         His or her loved one died because of somebody else’s negligence.

·         The negligence caused pain and suffering to him/her one before he/she died.

·         Had he/she survived the accident, he/she would have received compensation for the pain and suffering.

Lawsuits after a Construction Accident Death

If you have lost a loved one in a construction accident, filing a lawsuit may not be in your mind. However, if the death was caused by someone else’s negligence, looking into a legal remedy may be the wisest decision. As a family member of the deceased, you may bring two potential lawsuits against the parties responsible:

·         A wrongful death action lawsuit

·         A survivor action lawsuit

Wrongful death action: You may file this lawsuit and argue that:

·         Your loved one died due to somebody else’s negligence.

·         He/she left behind close family members.

·         His/her death caused losses, including loss of financial support, loss of love and emotional support, and loss of quality of life

In a wrongful death action, you do not sue for harm caused to the deceased. Rather, you sue for harm that was actually caused to you as a result of the loss of your loved one. This may include:

·         loss of quality of life

·         loss of love and emotional support

·         loss of financial support

Survivor action: In this lawsuit, you may make the following argument:

·         Your loved one died because of somebody else’s negligence.

·         The negligence caused pain and suffering to him/her one before he/she died.

·         Had he/she survived the accident, he/she would have received compensation for the pain and suffering.

Lawsuits after a Construction Accident Death

My aunt lost her dear husband in a construction accident. As a family, we would like to hold the negligent parties liable for their negligence. What are the types of lawsuit we can bring?

If you have lost a loved one in a construction accident, you may bring two potential lawsuits against the parties responsible:

·         A wrongful death action lawsuit

·         A survivor action lawsuit

You can file both claims. However, they differ mainly in the type of damages that are available.

What are some common mistakes that cause falling object accidents at construction sites?

Some common mistakes that cause falling objects at construction sites are:

·         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

Accidents Due to Falling Objects at Construction Sites

Falling objects at construction sites can cause serious injuries to employees as well as passers-by. It is the duty of the construction companies to protect their employees and innocent bystanders from harm. Falling objects are one of the main types of accidents that take place at construction sites. Objects may fall for many reasons but, in most cases, they fall because of carelessness or negligence. 

Some common mistakes that cause objects to fall at construction sites are:

·         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

Objects that commonly fall and cause serious injuries at construction sites may 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

Like a personal injury case, a construction accident caused by a falling object accident involves negligence or carelessness. The construction company is primarily held responsible for negligence.

In order to file a successful lawsuit, a victim must prove the following points:

·         It was the construction owner’s duty to maintain a safe area within the construction site.

·         The construction owner broke that duty of care.

·         The construction owner failed to exercise that duty and care which caused injury.

·         The victim suffered injuries from the falling object.

Accidents Due to Falling Objects at Construction Sites

A week back my brother, who was working at a construction site, was seriously injured in a tragic accident. A falling object - a piece of iron rod - fell on him, injuring his spinal cord. He is currently undergoing treatment at the hospital. Can the construction company be held responsible for the accident?

Yes, the construction company can be held responsible for the accident. Like a personal injury case, a falling object accident involves negligence or carelessness. In order to file a successful claim against the company, you must prove the following points:

·         It was the construction owner’s duty to maintain a safe area within the construction site.

·         The construction owner broke that duty of care.

·         The construction owner failed to exercise that duty of care, which caused injury.

·         The victim suffered injuries from the falling object.