Can I Sue After a Construction Accident?

Yes, you can sue after a construction accident, but only under certain circumstances. Your legal options will depend on your employment status and who is at fault for your injuries.

Getting paid for a construction injury can be difficult, especially if more than one party shares liability. The construction accident lawyers at Wettermark Keith can determine who is at fault for your injuries and help you obtain compensation.

Can You Sue After a Construction Accident?

Yes, you can sue after a construction accident, but only in certain scenarios. Whether you have the right to file a lawsuit depends on who caused the accident and your relationship with that party.

If your employer carries workers’ compensation insurance, you generally cannot sue your employer for workplace injuries. Instead, you typically receive workers’ compensation benefits regardless of who is at fault.

However, many construction accidents involve someone other than the employer. If a third party’s negligence caused or contributed to your injuries, you may have grounds to file a personal injury lawsuit in addition to pursuing workers’ compensation benefits. A lawyer from Wettermark Keith can review your case and identify the best course of action.

What if You Were Partially at Fault?

Being partially responsible for a construction accident does not necessarily prevent you from recovering compensation. Many states follow comparative negligence rules, which allow injured individuals to recover damages even if they share some responsibility for an accident.

If you are found to be partially liable for your injuries, you may still be able to pursue a lawsuit, but your award will likely be reduced based on your percentage of fault. Note that some states, including Alabama, will not allow you to recover any compensation if you’re even 1% at fault.

Who Can Be Held Liable for a Construction Accident?

Depending on the circumstances of your accident, one or more of the following parties may be legally responsible for your injuries:

• General contractors: General contractors are often responsible for coordinating work on the construction site and maintaining safe working conditions. If they fail to enforce safety procedures or correct dangerous hazards, they may be held liable for resulting injuries.
• Subcontractors: If a subcontractor’s negligence causes an accident, that company may be responsible for your damages.
• Property owners: Property owners typically have an obligation to maintain reasonably safe premises and warn workers about hidden dangers. In some cases, they may share liability for construction accidents.
• Equipment manufacturers: Manufacturers, distributors, or designers can be held liable for defective power tools, scaffolding, ladders, cranes, safety harnesses, and heavy machinery.
• Architects and engineers: If poor design, structural defects, or engineering mistakes contributed to your injuries, architects or engineers could be held legally responsible.
• Drivers: Road construction workers face significant risks from passing traffic. Drivers who speed, drive distracted, or ignore work zone warnings may be liable for injuries they cause.

A construction accident lawyer from Wettermark Keith can identify who is responsible for your accident.

How Long Do You Have to Sue After a Construction Accident?

The deadline for filing a construction accident lawsuit depends on your state’s laws. Every state has a statute of limitations that limits the amount of time you have to file a personal injury lawsuit.

In some states, you may have as little as one year to file, while others allow two, three, or more years. Different deadlines may also apply if your claim involves a government agency, the delayed discovery of injuries, or wrongful death.

Waiting too long to file your lawsuit can result in you losing your right to seek compensation entirely, which is why it’s crucial to speak to an attorney from Wettermark Keith immediately after your accident.

What Types of Evidence Do You Need?

Strong evidence can significantly improve your chances of recovering compensation after a construction accident.

Useful types of evidence may include:

• Accident scene photographs
• Video surveillance
• Witness statements
• OSHA investigation reports
• Incident reports
• Medical records
• Employment records
• Safety inspection reports
• Equipment maintenance logs
• Expert opinions
• Construction site records

A construction accident attorney from Wettermark Keith can help gather evidence to strengthen your claim.

What Types of Compensation Can You Recover?

After a construction accident, workers’ compensation generally provides benefits for:

• Medical expenses: You can recover compensation for necessary medical treatment related to your construction accident, including doctor visits, hospital care, surgeries, medications, physical therapy, and other approved medical services.
• Temporary disability: You can recover partial wage replacement if your injuries prevent you from working while you recover.
• Permanent disability: You can recover compensation if your injuries leave you with lasting impairments that affect your ability to work or perform daily activities.
• Vocational rehabilitation: You can recover assistance with job training or education if your injuries prevent you from returning to your previous occupation.
• Death benefits: If you lose a loved one in a construction accident, you may be able to recover financial support.

If you file a personal injury lawsuit against a third party, you may be able to recover additional damages, including pain and suffering, lost earning capacity, loss of enjoyment of life, and, in some cases, punitive damages.

Consult a Construction Accident Lawyer

A serious construction accident can affect every aspect of your life, from your health and finances to your ability to support your family. An experienced construction accident attorney from Wettermark Keith can assess your situation, explain your options, and help you pursue compensation from all available sources.

Book a free consultation to find out whether you have grounds for a lawsuit.