Who is Liable for Your Construction Accident Injuries? Understanding Your Rights

Construction is an inherently dangerous line of work in Atlanta and throughout the state. Falling objects, slips and falls, and contact with objects or equipment are among the many contributing causes of construction accident injuries and deaths.

The severity of these injuries can affect all aspects of a worker’s life. Knowing such accidents are typically preventable makes the issue of negligence and liability all the more important.

This blog provides a better understanding of construction accident injuries, liability negligence, and how an Atlanta lawyer can help protect your rights.

Potential Parties Liable for Construction Accident Injuries

Liability may lie with one or multiple parties.

A construction site is complex, with moving parts and multiple people representing various agencies, companies, and organizations. When an injury occurs, identifying the liable party is often challenging.

An employer’s negligence may be responsible for the accident. Other potential parties liable for construction accident injuries include:

  • General contractors: responsible for site safety for all workers
  • Sub-contractors: responsible for the safety of their employees
  • Property owners: may face liability for known but uncorrected property issues
  • Equipment manufacturers: possibly liable for defective tools or equipment
  • Architects and engineers: responsible for negligence caused by poor design or planning.

Strict deadlines and ambitious project goals can cause one or more of the above to cut corners to save time. This risky method places everyone on site vulnerable to life-altering harm.

Construction accidents are swift, with devastating results that can result in limited or no future ability to work. Identifying all liable parties is crucial for pursuing justice and compensation for damages.

Establishing Liability in a Construction Accident Case

An investigation is critical to identifying those responsible.

Establishing liability in a construction accident case involves firm proof of negligence. Among the many ways to establish liability and to prove negligence are such factors and evidence as:

  • Negligence: Defined as owing others a duty of care, breaching that duty, causing harm through the breach, and resulting in a victim’s suffering damages because of the harm.
  • OSHA violations: Failed inspection or safety violations cited by the Occupational Safety & Health Administration (OSHA) can be critical evidence in your case.
  • Proving fault: Evidence such as witness statements, accident scene photographs, and medical records to establish liability.

Construction workers are accustomed to moving objects, loud noises, and dirt. What they are not expecting is to arrive at work one day only to land in a hospital bed later. Construction accidents caused by negligence are inexcusable and demand accountability. There is no excuse for faulty ladders, unsafe scaffolding, or lack of safety training.

If you suffered broken bones, a brain or spinal cord injury, or other injury due to unsafe conditions, help is available. A Georgia construction accident attorney can investigate your accident and collect the evidence for legal action.

Legal Options for Injured Construction Workers

A construction lawyer understands Georgia civil law.

An accident caused by employer negligence typically results in a workers’ compensation case. Workers’ compensation is employer-paid insurance that provides medical care and/or financial benefits for employees who become ill or injured on the job. Exceptions to workers’ compensation may allow a victim to sue their employer. Such exceptions include actions like intentional harm or third-party claims.

Once the liable party or parties are identified, their insurance companies begin the negotiation process by proving negligence. While most civil cases settle without trial, a lawsuit is possible if your attorney deems it necessary.

  • Workers’ compensation claims: Injured parties should work with the employer’s insurer to complete forms. Benefits vary but typically include medical expenses, lost wages, and disability.
  • Personal injury lawsuits: Possible option for damages such as pain and suffering and loss of future earnings.
  • Third-party claims: These involve legal action against parties other than an employer. Equipment manufacturers and subcontractors are examples of third parties.

Construction accident cases are never simple, whether they involve one liable party or multiple parties. The insurance companies representing such businesses stand firm in their resolve to pay nothing or as little as possible, and victims are generally unprepared for how the civil process works.

What to Do After a Construction Accident

Your first steps can significantly affect your case.

Victims can better protect their rights by taking swift action following a construction accident. Having presence of mind is vital for proving liability and pursuing compensation.

The first immediate step following a construction accident is to seek medical attention. Not only may it save your life, but it also creates medical documentation of your injuries.

Additionally, following a construction accident you should . . .

  • Report the accident to your supervisor: Notify your supervisor and file an accident report.
  • Preserve evidence: Collect witnesses’ contact information and photograph the scene with your smartphone.
  • Consult with an Atlanta construction accident lawyer: Learn how to protect your rights and what legal options are available.

While the time following your accident is one of anxiety and uncertainty, never settle for less than you deserve. Accepting it can severely impact your future, no matter how tempting an initial settlement offer appears. An accepted settlement closes your claim and prevents you from filing a future lawsuit. Patience is critical when it comes to pursuing a fair settlement.

An Atlanta construction accident lawyer can stand up to aggressive insurance adjusters on your behalf. Having a lawyer by your side is both comforting and wise.

Atlanta Construction Accident Lawyer

The Stoddard Firm protects your rights.

If your day on an Atlanta construction site turned tragic due to the negligence of another person or company, get help from The Stoddard Firm. Past victims of negligence have found our firm caring and compassionate. We understand that your journey is now different as you deal with your significant injuries. The financial pressure of your medical bills and your inability to work causes many sleepless nights.

At The Stoddard Firm, we work hard to secure the best possible outcome of your case. We keep you informed throughout the process. If we must take your case to trial, we prepare you with what to expect.

A free consultation is your chance to learn more. Take the first step toward the justice you deserve by calling (470) 467-2200 today.

Attorney Matt Stoddard

Atlanta Personal Injury LawyerMatt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]

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