Construction sites are bustling environments, teeming with activity as workers build, repair, and maintain the structures that form the backbone of our communities. While these sites are essential for progress and development, they also present numerous risks. Accidents are unfortunately common in this industry, sometimes leading to severe injuries or even fatalities for workers. Understanding the legal rights of injured workers is crucial for ensuring they receive the support and compensation they deserve.
Our team at McCune Law Group represent clients injured in construction site accidents across the Inland Empire and throughout the surrounding communities. We know how to deal with workers’ compensation and personal injury cases related to these incidents and will use our considerable experience to aggressively approach each case.
The Prevalence and Nature of Construction Site Accidents
Construction is inherently hazardous. Workers regularly encounter heavy machinery, high elevations, and hazardous materials, all of which pose significant risks. Common types of construction site accidents include:
- Falls: Workers often operate at great heights. Falls from ladders, scaffolding, or roofs are some of the leading causes of injury and death in the construction industry.
- Struck-by Hazards: Construction sites are dynamic, with constant movement of materials and equipment. Workers can be struck by moving vehicles, falling objects, or machinery.
- Caught-in/between Accidents: These occur when workers are caught in or compressed by equipment or objects, or when they are struck, caught, or crushed in collapsing structures.
- Electrocutions: The presence of live wires and electrical equipment increases the risk of electrocution-related injuries.
Understanding these hazards is the first step in mitigating risks. However, accidents still happen, and workers need to be aware of their legal rights when they do, and we are here to help.
Legal Rights of Injured Workers
In the event of a construction site accident, workers are entitled to various legal rights aimed at providing compensation, medical care, and support. These rights can vary by jurisdiction, but generally include:
- Workers’ Compensation: Most states require employers to carry workers’ compensation insurance. This system is designed to provide benefits to employees who are injured on the job without the need for litigation. Benefits typically cover medical expenses, a portion of lost wages, and rehabilitation costs.
- Right to a Safe Workplace: Under the Occupational Safety and Health Act (OSHA), workers have the right to a safe working environment. Employers are required to follow safety guidelines and regulations to minimize risks. If a worker believes their workplace is unsafe, they can file a complaint with OSHA.
- Filing a Personal Injury Lawsuit: In some cases, workers may be able to file a personal injury lawsuit in addition to or instead of a workers’ compensation claim. This can occur if a third party (someone other than the employer or a co-worker) is responsible for the accident. For instance, if defective equipment caused the injury, the manufacturer might be liable.
- Social Security Disability Benefits: If an injury results in a long-term disability, a worker may be eligible for Social Security Disability Insurance (SSDI) benefits. This federal program provides financial assistance to disabled individuals who are unable to work due to their injuries.
- Retaliation Protection: Workers are protected by law against retaliation for filing workers’ compensation claims, reporting safety violations, or seeking compensation through the legal system.
The Importance of Legal Representation
Navigating the aftermath of a construction site accident can be complex. Workers often face significant medical bills, lost income, and emotional distress. For over three decades, our firm has been serving the injured and the families of those who have lost their lives in serious accidents. Construction accidents are an important part of our practice, and we are fully committed to securing fair compensation under workers’ compensation or through personal injury lawsuits to help our clients put their lives back together.
Frequently Asked Questions:
- What should I do immediately after a construction site injury?
- First, seek medical attention immediately. Report the injury to your supervisor and document the incident with detailed notes and photographs if possible. It’s important to follow all medical advice and keep records of your treatment.
- What benefits does workers’ compensation provide?
- Workers’ compensation typically covers medical expenses related to the injury, a portion of lost wages during recovery, and rehabilitation costs. It may also include benefits for permanent disability and, in the event of death, benefits for the worker’s family.
- Do I need an attorney to handle my construction site accident claim?
- While it’s not mandatory, having an experienced attorney from McCune Law Group can be highly beneficial. We can help you navigate the complexities of workers’ compensation claims, personal injury lawsuits, and insurance negotiations to ensure you receive the full compensation and benefits you deserve.
- What if my employer retaliates against me for filing a workers’ compensation claim?
- It is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. Retaliation can include termination, demotion, or any form of harassment. If this occurs, you may have grounds for a legal claim against your employer.
How to Start Your Potential Case
Personal injury can be a difficult avenue to navigate in today’s world. Contact a highly experienced team member from McCune Law Group and we can help with your interests. Here are four steps to help you initiate contact:
- Step 1: Research and Gather Information – Before reaching out, gather all relevant information about your case. This includes details about the incident and information about the parties involved. Take note of the date, time, and location of the incident.
- Step 2: Call or Complete the Form for Initial Evaluation – Use the provided phone number or online form to contact our team. You may find it helpful to prepare a summary of your case before making the call or completing the form. This will ensure you provide essential details efficiently.
- Step 3: Schedule a Free Evaluation – Request a free evaluation to discuss your case in detail. We offer free initial evaluations to assess the viability of your case. During this meeting, you can share the specifics of your situation, ask questions, and get a better understanding of how our team can assist you.
- Step 4: Prepare for the Evaluation– Before the scheduled evaluation, organize all relevant documents and be prepared to articulate the details of your case clearly. This will help the attorney assess the merits of your case more effectively. During the evaluation, feel free to ask any questions you may have about the legal process, potential outcomes, and our approach to personal injury lawsuits.
The Help You Need
While construction sites are indispensable to our modern infrastructure, the risks they pose to workers are significant. McCune Law Group is here to help you understand the legal rights of injured workers and seeking appropriate legal help is essential for safeguarding your health, well-being, and financial stability. Employers, workers, and policymakers must continue working together to improve safety standards and reduce the incidence of accidents in this vital industry.
Please contact McCune Law Group if you or someone you love was injured in a construction site accident. To learn more, call (909) 345-8110 today for a free evaluation.