Not so very long ago, a significant fraction of American workers were subjected to working conditions that were virtually unregulated. It took decades of wholly preventable work-related deaths, injuries and illnesses before the government became insistent that American workplaces and sites be subjected to relatively comprehensive oversight. However, even though numerous safety laws have been passed and federal agencies are tasked with ensuring the safety of American workers, a staggering number of construction workers, loggers, fishermen, drivers and all manner of other employed teens and adults suffer as a result of accidents on the job each and every year. When an accident occurs, it is important for victims to consult an experienced Memphis, TN construction accident lawyer as soon as possible. Depending on the circumstances, you may be able to hold your employer (and/or another negligent party) accountable for the harm you have suffered.
If you have been injured while employed on a construction site, your employer’s liability for your injuries is largely dependent upon whether you are eligible for workers’ compensation benefits. In general, full-time workers are eligible for workers’ compensation coverage and therefore cannot sue their employers in the wake of an accident. However, some exceptions to this rule may apply, so it is important to speak with an experienced Memphis, TN construction site accident lawyer in the wake of your accident regardless. If you are a contract worker (or are classified in another way) you may be able to hold your employer accountable for your injuries, depending on your circumstances.
No matter how you are classified, your employer is bound by federal, state and local laws related to worker safety. Therefore, your Memphis, TN construction site accident lawyer may advise you to file an anonymous inspection request with the Occupational Safety and Health Administration and/or take other action designed to hold your employer to account even if you cannot do so directly in court.
Dealing with an injury can be mentally tasking, physically exhausting, and financially demanding. You can get some form of relief by filing a lawsuit. Check out this list of three steps for filing a construction injury lawsuit.
Think carefully about the incident and try your best to pinpoint who was liable. Be honest with yourself. If your actions contributed to you becoming injured, then you may find it difficult to obtain compensation, but if you know that the other party was at fault and can prove it, then you have grounds for a winnable case. Note that some of the most common construction injury claims involve brain injuries, spinal cord injuries, burns, bone fractures, amputations, nerve damage, and internal organ damage. If you have suffered such injuries, then you should proceed with the process of filing a lawsuit. However, if you only sustained minor bruises and scrapes, then you will not be able to hold anyone liable for such damages.
After being harmed due to someone else’s negligence, you will seek medical attention and file a police report. Make sure to save all documents generated as a result of the ordeal. The forms you receive from medical practitioners, such as hospital bills and medical records, and the ones you get from law enforcement officials, such as eyewitness statements, can help you file a lawsuit. It can assist you in proving the other party’s negligence. It can also aid you in determining how much money you should receive. Be sure to take pictures related to the incident involving your injury. Also, collect information about lost income and the employment opportunities you missed out on as a result of your injuries.
Once you realize that you have a viable case, hire a lawyer. A construction injury lawyer can use the evidence you gathered to identify the at-fault party and submit a demand letter to his or her insurance company. The insurance company may offer you a settlement after your lawyer sends them a letter. Your lawyer can evaluate the offer so that he or she can determine whether or not it is fair or if the company should give you more funds. If your case does not become settled, then it may go to trial. You will need a lawyer to facilitate the trial process. He or she can make opening statements, cross-examine witnesses, and present closing statements.
There are many elements involved in an injury-related case. Contact a construction injury lawyer today to obtain information about filing a lawsuit.
If you have questions about your workplace’s safety conditions, your legal options in the wake of an injury, your employer’s legal obligations or any other related challenges, please do not hesitate to connect with an experienced Memphis, Tennessee construction site accident lawyer today. The law generally protects workers from unsafe conditions. So, even if you have been told information that contradicts that reality, please do not hesitate to explore your legal options with a member of the Wiseman Bray PLLC legal team. Consultations are confidential and do not obligate you to take any action whatsoever. As a result, you should not hesitate to meet with a member of our team in order to ensure that you can ultimately make an informed decision about your situation with confidence. Our team in Memphis, TN construction site accident lawyers looks forward to speaking with you.
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