Construction zones are one of the most dangerous workplaces in the United States. You often hear of mishaps, accidents, and even deaths in these places. Falls are one of the most common causes of injury and death among construction workers.
Your safety is the responsibility of your employer. If you’re not getting the right compensation, then we’ll represent you as your construction accident lawyer.
The Employer’s Responsibility
Construction workers often deal with elevated heights and powerful machines. They hold tools that could lead to harm if no proper safety precautions are in place. As a part of your work, your employer is responsible for taking measures to ensure your protection. These include:
- Guardrail systems
- Personal fall arrest (PFA) systems
- Hole covers
- Safety gear
- Harnesses
- Secure scaffoldings
The lack of any of these measures is negligence. A construction accident that traces back to something preventable means that the employer did not provide ample protection.
Workers’ Compensation
All construction companies offer workers’ compensation as a part of their employee benefits. If an injury-causing accident occurs, the worker can file a claim to cover treatment. It also supports the worker while they are not able to work. In the case of wrongful death, the family can approach the company to claim workers’ compensation.
By claiming workers’ compensation, the employer is no longer at fault. The worker can no longer file a case even if the employer’s negligence was the accident’s cause.
However, this system can be tricky to navigate at times. Employers can deny or even dispute the claims of their workers. They can also offer an amount that doesn’t adequately cover the injury or death. In this case, hiring a lawyer is the best thing you can do. They will know how to navigate the system and get you adequate compensation.
Negligence Case
Victims have the option of pursuing a case outside of the workers’ compensation system. The best way to approach this is to hire a specialist—a personal injury lawyer.
Your lawyer will help you with gathering evidence and negotiation. They will ensure that your employer does not avoid their responsibility. If you can prove negligence, then it is possible to get a much larger sum.
A negligence case is also an option to pursue if the accident happened due to faulty equipment. You can seek compensation from a manufacturer for defects or a malfunction. In many cases, negligence settlements occur away from the court, leading to a faster claim.
If you want to pursue a negligence case, make sure to keep all documentation with you. It is important to preserve the scene of the accident and to save medical reports. Collect everything that can prove that the injury or death links back to negligence.
Secure Your Rights with Gallon Law
A worker can claim compensation after a serious accident and injury. Gallon Law is here to help you learn more about personal injury and workers’ compensation. Construction accident lawyers have handled many cases, helping families get what they deserve. Contact us today at 419-843-6663 or use our online contact form.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
