
What should a construction accident lawyer know? Workers in the construction industry face the risk of severe injuries with life-altering consequences. A construction site injury lawyer should have in-depth knowledge of every aspect of the construction injury claims process. This requires a broad understanding of the law and a specific legal skill set.
Knowledge of Construction Accident Laws and Regulations
Understanding OSHA Standards and Safety Regulations
The Occupational Safety and Health Administration (OSHA) has issued safety regulations for construction sites to protect workers from injuries and fatalities. This extensive body of safety rules covers everything from proper scaffolding and fall protection to heavy machinery usage to handling hazardous materials.
In establishing employer responsibilities for workplace safety, OSHA helps protect workers from being injured or killed. Thus, any violation of construction accident laws and regulations can impact worker injury cases. That’s why the lawyer you choose to represent you should have a deep understanding of OSHA violations and construction accidents.
Familiarity with Workers’ Compensation Laws
A lawyer who is familiar with state-specific workers’ compensation laws can advise you of your legal rights after a construction site injury and protect your interests in the workers’ compensation claim process. A seasoned attorney can be a strong legal advocate if your employer claims your injuries are not work-related, or the insurance company tries to minimize the settlement amount.
Knowledge of Construction Site Liability and Negligence
A third party—such as a contractor, property owner, or equipment manufacturer—may have caused or contributed to your accident and injuries. In a third-party lawsuit (against someone other than your employer), you may be entitled to claim non-economic damages, such as pain and suffering, emotional distress, and diminished quality of life. If this is the case, it’s important to consult an attorney with experience handling construction accident lawsuits. Your attorney should also have a thorough understanding of construction accident liability and negligence.
Legal Skills for Construction Accident Cases
Experience in Handling Construction Accident Lawsuits
Construction site accident lawsuits are complex cases that often involve multiple potentially liable parties. They require detailed investigations and an in-depth understanding of OSHA standards and other safety regulations. An experienced attorney brings legal knowledge to the table that can be invaluable in identifying liable parties and calculating the full extent of your damages, which may include past and future medical expenses, lost wages, loss of future earning potential, and pain and suffering. Your attorney should be familiar with legal procedures and industry practices, and they should understand how to interview professional witnesses to ensure a comprehensive approach to your case.
Proficiency in Negotiating Settlements
Successful resolution of a construction accident claim may hinge on skilled settlement negotiations. The goal of opposing parties and insurance companies is to minimize the settlement amount, so a proficient lawyer is necessary. They should have a deep understanding of accident dynamics, medical expenses, and future financial needs to build a compelling case to secure maximum compensation for construction-related injuries. Your attorney’s ability to negotiate strategically and assertively—leveraging evidence, professional testimony, and legal precedent—often leads to a fair settlement without the stress and uncertainty of taking the case to trial.
Strong Litigation Skills
When settlement negotiations fail, you need an attorney with construction accident trial experience who will not hesitate to take your case to court, if necessary, to pursue full and fair compensation. A seasoned trial lawyer can craft persuasive arguments, cross-examine witnesses, challenge opposing evidence, and present a compelling case. They’ll have the skills to navigate complex liability issues and effectively communicate your financial losses and physical and emotional suffering to the court.
Understanding Common Causes and Injuries in Construction Accidents
Knowledge of Construction Site Hazards
Workers in construction suffer more fatal injuries than most other industries. A NYC construction accident attorney should be familiar with the common causes of construction accidents and understand how construction site hazards can contribute to personal injury claims.
The following are common causes of severe construction site injuries:
- Falls from heights, such as ladders or scaffolding
- Being struck by falling objects
- Slip-and-falls
- Equipment malfunctions
- Electrical hazards
- Trench collapses
- Exposure to harmful substances
Skillful in Handling Various Injury Types
Accidents on construction sites can cause injuries ranging in severity from minor to fatal. A skilled attorney can assess the long-term impact of these injuries to seek appropriate compensation. Examples of common construction site injuries include bone fractures, traumatic brain injuries, spinal cord injuries, crush injuries, and internal organ damage.
Building a Strong Case for a Construction Accident Claim
Gathering Evidence and Witness Testimony
The investigation phase of a construction site injury case involves gathering evidence, which may include accident reports and photos of the scene and injuries sustained. Witness statements can also be important in pursuing compensation for construction accidents.
Proving Negligence and Liability
Proving fault in construction accidents involves demonstrating that an employer, contractor, equipment manufacturer, or another party failed to uphold that party’s duty of care. Evidence, such as safety violations, accident reports, and witness statements, may be used to prove negligence and liability.
Understanding Insurance Coverage in Construction Accidents
While insurance is critical when seeking compensation for construction accident claims, navigating the complexities can be challenging. Workers’ compensation typically covers medical expenses and a portion of lost wages, but pain and suffering is often overlooked. Thankfully, a skilled construction accident attorney can evaluate all potential sources of compensation so you get the compensation you deserve.
Why Choose Our Firm After a Serious Construction Accident
To handle complex cases, a construction accident attorney should know OSHA standards and safety regulations, workers’ compensation laws, construction site liability, hazards and injuries, and insurance coverage for construction accidents. They should also be effective in gathering evidence and witness testimony, proving negligence and liability, negotiating settlements, and presenting a compelling case at trial.
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we have over 50 years of experience handling construction accident cases and other injuries. If you’ve been hurt on a construction site, contact our law firm at (212) 986-7353 to discuss your legal options.