Construction Accident Lawyer

Editorial Team

ConsumerShield

Reviewed By Adam Ramirez, J.D.

Editor

Read in 4 mins

The American construction industry employs 5% of the total workforce. And yet it is responsible for 20% of all worker deaths. This Department of Labor statistic highlights just how dangerous construction can be.

Without these professionals, we would not have skyscrapers, sports stadiums, or subway tunnels. These contributions drive our economy forward, but the lasting reward for many construction workers is a disabling, or fatal injury.

Whether you’re struggling with the loss of a loved one or your own injuries, a construction accident lawyer can help you pursue justice. Contact ConsumerShield today to connect with a qualified construction accident lawyer, access helpful resources, and take your next steps toward fair compensation.

Can a Construction Worker Injury Lawyer Help Me Get More Compensation?

Although you might assume that every construction accident will lead to a workers’ compensation claim, this is not always the case. It may be possible to file a personal injury lawsuit instead, potentially leading to higher compensation amounts.

During an initial consultation, a construction accident lawyer can examine the circumstances of your incident in detail.

While your state’s workers’ compensation program can provide a straightforward path to compensation, it has various limitations.

For example, injured workers and their families often cannot pursue workers’ compensation for non-economic damages. These are psychological or emotional issues like emotional distress, PTSD, pain and suffering, and disfigurement.

Non-economic damages can multiply the value of total compensation. You usually can only pursue these damages via personal injury lawsuits.

In addition, workers’ compensation only compensates you for a portion of total missed wages. While the exact figure varies from state to state, it is usually around two-thirds. In contrast, a personal injury lawsuit can provide you with compensation for 100% of your missed wages.

When Can I Opt for a Personal Injury Lawsuit?

You may only pursue a personal injury lawsuit in certain situations. Your construction accident lawyer can help you determine whether this is possible.

For instance, if your injury was caused by a third party or a defective product, you could file a lawsuit instead of a workers’ compensation claim. In New York, any gravity-related injuries may also lead to personal injury lawsuits under the Scaffold Law.

With all that said, workers’ compensation is still a viable source of compensation for injured construction workers. Your construction accident lawyer can collect and compile your medical records, allowing you to prove the extent and existence of your injuries. They can also calculate your total missed wages, helping you recover from the accident without losing excessive income.

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Can a Construction Injury Law Firm Help with Denied Claims?

Many construction workers struggle with denied claims each year, and this is often something that a construction accident lawyer can assist with.

Due to their focus on profits, insurance companies will often search for any possible reason to deny your claim. Often, they deny claims for unjustifiable reasons — and your construction accident lawyer can push back on your behalf.

Insurers deny claims for a few common reasons:

The Injury Was Not Work-Related

Insurers may attempt to argue that your injury was not work-related. For example, they might claim that you slipped and fell in a parking lot after you clocked out for the day. They could also argue that you suffered injuries on your lunch break.

Your construction accident lawyer can help you gather evidence that establishes the work-related nature of your accident.

The Injury Never Occurred

Insurers may also claim that the injury simply never occurred. They might also argue that while your injuries are legitimate, they existed before the accident.

Your construction accident lawyer can point to your medical records to refute these claims.

You Were Intoxicated

Another common reason for a denied claim is alleged intoxication. Your lawyer can help you push back against these arguments.

Can a Construction Injury Attorney Help After Fatal Accidents?

If a fatal construction accident has killed your loved one, a construction accident lawyer may be able to help you pursue compensation. Workers’ compensation programs often provide death benefits (also known as survivor benefits) to spouses, children, and other dependents after fatal construction accidents.

While these benefits vary from state to state, families usually receive a portion of the decedent’s wages for the foreseeable future. Often, these payments only end with the spouse’s death or remarriage.

If the decedent has no dependents, their parents may be entitled to a lump-sum payment. In addition, workers’ compensation usually covers funeral costs after fatal construction accidents.

A construction accident lawyer can fight for this compensation on your behalf if you have lost a loved one.

Contact ConsumerShield Today

ConsumerShield is here to connect injured construction workers and their families with top construction accident lawyers.

If you’re ready to take legal action after your construction accident, we can help you find the right attorney for your case. Reach out today to begin pursuing the compensation you deserve.

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