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Involved in a Construction Accident? Know the Types of Compensation Available

August 8, 2023 by Mark Mellor

Construction sites are bustling with activity, but amidst the organized chaos, accidents can occur, leading to severe consequences for those involved. Construction accidents can result in devastating injuries, significant medical bills, lost wages, and emotional trauma.

If you or someone you know has been a victim of such an accident, it is crucial to understand the types of compensation available to help you recover and move forward. As construction injury lawyers, we’ve seen the potential consequences of construction accidents and how they impact our clients’ lives.

How Do Most Construction Accidents Happen?

Construction accidents can lead to a wide range of consequences, from minor injuries to fatalities. The most common causes of such accidents include falls from heights, scaffolding collapses, electrical accidents, machinery malfunctions, and being struck by falling objects.

These incidents can result from human error, equipment failure, inadequate safety protocols, or a combination of factors. The aftermath of a construction accident can be overwhelming, leaving victims and their families in physical, emotional, and financial distress.

Different Types of Compensation for Construction Accidents

When it comes to seeking compensation after a construction accident, there are various avenues available, depending on the circumstances of the incident. The types of compensation often pursued in these cases include:

1. Personal Injury Claim

A personal injury claim is filed against the employer or a negligent party responsible for the accident. This claim seeks compensation for medical expenses, lost wages, pain and suffering, and other damages incurred due to the accident.

2. Third-Party Liability

In some cases, a third party, not directly involved in the construction project, may be liable for the accident. This could include equipment manufacturers, subcontractors, or other entities whose actions or products contributed to the incident. 

Pursuing a third-party liability claim can help victims secure additional compensation beyond workers’ compensation benefits.

3. Workers’ Compensation

Most states mandate workers’ compensation insurance for construction companies, providing benefits to employees injured on the job. Workers’ compensation typically covers medical expenses and a portion of lost wages, regardless of fault.

4. Wrongful Death Benefits

If a construction accident leads to a fatality, the surviving family members may be entitled to wrongful death benefits. These benefits can help cover funeral expenses and provide financial support to dependents left behind.

5. Disability Benefits

For victims who suffer permanent disabilities due to a construction accident, disability benefits may be available to provide ongoing financial assistance and support.

Factors That Impact a Construction Accident Settlement

The amount of compensation awarded in a construction accident settlement depends on several factors, including:

1. Severity of Injuries

The extent of the injuries sustained in the accident will significantly impact the compensation amount. More severe injuries that result in long-term or permanent disabilities often lead to higher settlements.

2. Liability and Negligence

Determining who is at fault and the degree of negligence involved is critical in construction accident cases. If the victim’s actions contributed to the accident, it may affect the final settlement amount.

A construction injury lawyer will help you build a case and defend your rights to receive the compensation you deserve. With extensive experience in this field, they can guide you through the legal process and advocate for your best interests.

3. Medical Expenses and Future Costs

Compensation should cover current medical expenses and factor in anticipated future medical costs related to the injuries sustained.

4. Lost Wages and Earning Capacity

The settlement should account for the income lost due to the accident and potential future earning capacity if the injuries impact the victim’s ability to work.

5. Legal Representation

Having competent legal representation can significantly impact the outcome of a construction accident settlement. Experienced attorneys can navigate the complex legal process and negotiate for a fair compensation amount.

The Bottom Line

Construction accidents can have life-altering consequences, but knowing the types of compensation available can help victims and their families recover and rebuild their lives. 

If you find yourself in such a situation, it is essential to consult a skilled construction injury lawyer who can advocate for your rights and help you pursue the compensation you deserve.

Remember, seeking compensation is not just about financial recovery; it’s about holding responsible parties accountable for their actions and promoting safer practices within the construction industry.

Let Our Attorneys at The Mellor Law Firm Help

If you or someone you know is dealing with the aftermath of a construction accident, get in touch with one of our experienced construction injury lawyers at The Mellor Law Firm. We will evaluate your case and discuss all available legal options so that you can make an informed decision about how best to move forward.

Schedule a consultation today to have all the questions about your case answered and get started with the litigation process.

Filed Under: Construction Law Education Tagged With: construction attorney, riverside attorney

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