If you have been the victim of a construction accident because someone else was acting negligently, please contact our Memphis injury law firm Wiseman Bray, PLLC, now. When you work at a construction site, you know the most important thing you can do is avoid getting into an accident, because such incidents can quickly become severe and life-threatening.
The OSHA (Occupational Safety and Health Administration) has outlined specific regulations that construction workers can follow to be safe while working on the various equipment at a construction site. Devastatingly, the professionals at our Memphis, Tennessee injury law firm know that some accidents cannot be avoided because they result from someone else’s negligence.
Who Is Responsible for Damages in a Construction Accident Case?
The construction industry is notoriously hazardous. Construction workers understand that they risk their safety every time they step onto a job site. But simply because construction is inherently risky doesn’t mean that construction workers are obligated to simply “suck it up” if they get hurt on the job. On the contrary, both the workers’ compensation system and the personal injury claims process exist to ensure that injured workers are able to gain access to compensation to cover many costs associated with their injuries after accidents happen.
If you’ve been injured in a construction accident, you may be wondering who is responsible for the costs associated with your injuries. The answer to that question largely depends upon the unique circumstances surrounding your situation. When you meet with the team at the Memphis injury law firm of Wiseman Bray PLLC, you can receive personalized feedback and professional guidance concerning your legal options. As you prepare for your confidential, no-obligation consultation at our Memphis injury law firm, please consider the following general information about whether you might be eligible for workers’ compensation benefits or eligible to file a personal injury claim. Write down any questions that this information inspires so that we can answer your questions when we meet with you.
Workers’ Compensation or Personal Injury?
When most construction workers are injured on the job, they must file workers’ compensation claims to receive the compensation they are entitled to. The workers’ comp system operates differently in every state. But in general, workers’ compensation benefits are extended to all injured employees of most companies, regardless of who caused the accident in question. These benefits are generally not available to independent contractors, however. If you are an independent contractor, unless your job status has been misclassified, you’ll need to explore the option of filing a personal injury suit as workers’ comp coverage does not extend to your position.
Our Top Tips for Remaining Safe at a Construction Site
As your Memphis personal injury lawyer may share with you, under OSHA, there are specific measures that construction workers and employers can take to be safe at a construction site.
Scaffolding work is inherently dangerous because of the height that construction workers are on when they are using this type of equipment. An employee who works on scaffolding is automatically in danger of falling from great heights, having other objects falling on them, and potentially getting electrocuted. When it comes to working on scaffolding, our Memphis injury law firm stresses the importance that construction workers wear hard hats, non-skid boots, and wear their safety harnesses.
Similar to scaffolding work, construction workers are at an increased risk of falling from large heights. This is because of the height of the buildings that they work on. There are specific fall protection systems that employers at construction sites can implement, and it is always paramount that construction workers follow any safety rules outlined at the site. If you believe your employer or a third party was responsible for your fall, we urge you to contact our Memphis injury law firm in TN immediately.
Toxic/ Hazardous Substances
Many construction sites have different kinds of hazardous materials, depending on the type of construction they are completing. Our Memphis, Tennessee injury law firm has represented clients who have been wrongfully hurt due to various substances, which may have included:
Employers at construction sites must offer clear communication regarding what to do when exposed to hazardous material as well as provide safety gear for their employees and contractors so that they are not exposed in the first place. Because hazardous materials can get into the lungs and other areas of the body quickly, you must seek medical help as soon as possible if exposed.
Finally, one of the most common causes of damage at a construction site are falling objects, especially when working on demolition projects. All employees and contractors must wear the appropriate hard hats and gear so that they have protection from the potential impact of falling or flying objects, as well as objects that could shock them.
Contact Wiseman Bray, PLLC Today
While not an exhaustive list, this covers some of the ways that construction workers can become injured at a construction site as well as safety tips for avoiding injuries. If you have already become injured at a construction site and need legal representation, please contact Wiseman Bray, PLLC, your local TN injury law firm in Memphis.
Proving a Construction Site Accident
Working with Wiseman Bray, PLLC, a Memphis injury law firm is the right choice following a construction site accident. The road that lies before an accident victim can be rife with challenges. An accident victim may be left to contend with physical pain, long-term injuries, medical expenses, and even lost wages from missed time away from work. Amidst all of this, you will need to sort out whether you can take legal action for the damages you have incurred. To have a successful case, it’s essential to prove your case. Calling on our Memphis injury law firm by taking advantage of our complimentary consultation can play a crucial role by ensuring you can prove that all elements of a personal injury has persuasive evidence to back it up.
Key Elements to Take Legal Action
To have a successful construction site accident case, you will need to prove that the other party’s negligence resulted in the losses you are now facing. An experienced Memphis injury law firm will review your case to determine if the following are present:
Lawyers at our Memphis injury law firm will work with you to gather the necessary evidence that supports each element of your case. Some examples of evidence that may be critical to your case are:
At Wiseman Bray, PLLC, we want you to be informed of your options so that you are prepared to forge ahead with your case. Turn to our legal team so that we can help you take action immediately.
Preparing for Your Complimentary Consultation
Complimentary consultations come at a tremendous benefit to both the victim and a prospective lawyer from a Memphis injury law firm. However, victims and their families should be aware that there will be a limited amount of time to review the case. You will want to come prepared for your initial consultation with an attorney so that you can make the most of your time with them. Here are some tips for preparing for your first appointment:
Taking the time to meet with a lawyer in person is crucial to ensuring that you choose the right Memphis injury law firm to represent you.
Safe working conditions are imperative to reducing injuries on construction sites. The impact from construction accidents can be far-reaching, not only substantially impacting the victim but their families as well. If you have succumbed to a construction site accident, you deserve the guidance of an experienced legal team who can help take the lead with your case and protect your rights every step of the way. For more information about how our Memphis injury law firm can help you, contact Wiseman Bray, PLLC today.
How Can a Personal Injury Law Firm Help?
When you are involved in an accident it is important to retain representation right away. A personal injury attorney will be happy to set up a consultation with you to speak about your options. He or she will know whether or not you have a case, then the best way to proceed so that you get the compensation you deserve. A personal injury lawyer can help you get compensation for a multitude of things, including:
A personal injury lawyer may also help you file a wrongful death claim on behalf of a loved one if he or she passed away due to the negligence of someone else. Your lawyer can help you navigate the waters of both personal injury or wrongful death, as it can be an emotional time and difficult to think clearly. Your attorney is your advocate and will want the best possible outcome from your case — whether you decide to settle outside of court or take your case to court for a judge to decide on.
Examples of Personal Injury Cases
Personal injury lawsuits are incredibly common because accidents can happen any time to anyone. It is always your right to try to get compensation from the people responsible for your injuries if they occurred because someone was careless. Some of the most common personal injury cases include:
An attorney from Wiseman Bray, PLLC will have experience in dealing with a wide range of cases like this and want to see you get compensated for your injury and trauma associated with it. You should not worry about how you will pay for an attorney. Many personal injury cases are taken on a contingency fee basis, which means that your lawyer will take a percentage of your payout if you end up winning your case. If you do not win, you will not owe your attorney anything. This is why it really can not hurt to see if you have a case and move forward with it.
You deserve to be compensated for any unnecessary harm and trauma that you have gone through due to someone else’s carelessness. Contact us on our website or by phone today to get more information and to schedule an initial consultation. We will go over all the details of your case to see if we think it will be worth pursuing. Don’t hesitate though — there is often a statute of limitations in which you can file for a personal injury lawsuit. You do not want to miss any important deadlines, which is why it is so important to have a lawyer on your side who will keep you on track.
Construction Site Third-Party Claim
Becoming injured at a construction site because of faulty equipment can be any personal injury claim complicated. In fact, you may not realize why you were injured to begin with. Perhaps you are wondering if someone who works alongside you is to blame or you may be questioning whether it is your fault or not. If you suspect that there was faulty equipment, speak up to your lawyer. They can help examine the evidence and looking into the manufacturing. Especially in cases where you think the equipment may be to blame, get as much information as you can. Ask yourself questions like:
Be upfront with your attorney so that they know if there are any companies they should look into for a third-party injury claim.
Why is it difficult to show third-party responsibility?
It can be difficult because many construction workers must realize that they were not responsible for the accident that occured. Typically following an accident, construction workers will go through a period of self-reflection to try to remember if they did all they could to prevent the accident from happening or if they double-checked all safety features. If the employee’s supervisor thinks the company will be on the line, they may even try to encourage the construction worker to think that they caused the accident to happen.
Does it really matter, in the end, who is responsible?
It can absolutely matter, especially if you are deciding between filing for workers’ compensation or filing an injury suit. You may have a better chance of getting workers’ compensation benefits but they will likely not yield nearly as much compensation as an injury suit. Because of the nature of construction site accidents, a workers’ compensation claim may not cover the full extent of the compensation you deserve.
Further, it is important to discover who is responsible for your injuries because they should be held responsible. Particularly in the case of faulty construction equipment, you want to know that this is changed so that other workers do not get injured in the same way. Working with an attorney you trust can relieve a huge burden from you if you are hoping to pursue a third-party claim. By finding out who is responsible for your injuries, you will not only hold them responsible, but you will fight for the compensation you deserve after a terrible and traumatic accident.
Legal Assistance Is Available
You may be eligible to file a workers’ compensation claim or you may be eligible to file a personal injury suit. Both legal options allow injured workers to receive compensation to help address the financial harms they have suffered in the wake of accidents. Every case is different, so it’s generally not a good idea to make any assumptions about your case or the amount of compensation you may be entitled to before you speak with our Memphis injury law firm. Once we hear the details of your situation, we’ll be able to help you make an informed decision about your next steps accordingly. If you’ve been injured in a construction accident, please schedule a consultation with our Memphis injury law firm today to explore your options; we look forward to speaking with you.
Common Myths About Personal Injury Cases
People suffer injuries every day in the United States. If you suffered an injury due to someone else’s negligence, you may be entitled to receive compensation. Don’t believe the following myths about personal injury cases.