Construction Accident Lawyers in Tupelo
Protecting Construction Accident Victims in Mississippi
America was built by doers. All the concrete and i-beams from sea to shining sea, including right here in Tupelo, were put there by those with the skill and knowledge to build the infrastructure that keeps the country moving forward. When a construction accident injuries you, you need a compassionate hand to help make sure you get the compensation you need to keep your life moving forward.
In 2021, construction accidents accounted for nearly one in five workplace deaths. Construction relies on heavy equipment, unforgiving construction materials and many hazards that can be created by the necessities of the work. It is up to the company to ensure a safe work site with well maintained PPE and proper procedures to ensure that risk is mitigated, but we live in an imperfect world and sometimes things happen, whether it is a result of someone's negligence or an accident.
When you or a loved one has been injured, you need an experienced Wettermark Keith Personal Injury Attorney that will go to bat for you and your case. We will protect your rights and help make sure the compensation you deserve is successfully secured.
What Makes Construction Accidents So Dangerous?
Construction work can be dangerous. From working in tall, open shells of future buildings to hazards like electricity and spilled liquids or conditions that can cause slip and falls. If all safety procedures are followed, risk can be severely mitigated but never fully eliminated which can lead to severe injuries like broken bones, lacerations, Traumatic Brain Injuries (TBIs), spinal damage and more. Because of how diverse construction requirements can be, danger can lurk everywhere. A crane hoisting a metal i-beam up to an active working floor might malfunction and break, causing the beam to fall on someone. Water from last night’s rain shower might lead to a slip and fall. Hydraulic fluid from a broken line could ignite or spray on someone and cause severe burns. The diversity of the work as well as its potential dangers make it a particularly challenging field to work in, and thus more dangerous than other jobs.
Common Types of Construction Accidents
Construction sites are inherently hazardous environments where workers face various risks daily. Understanding the types of accidents that can occur is crucial for both workers and employers to prioritize safety measures and prevent injuries. Here are some of the most common types of construction accidents:
Falls from Heights
Falls from elevated surfaces, such as roofs, ladders, scaffolding, or platforms, are among the leading causes of injuries and fatalities in construction. In fact, they increased nearly 6% in 2021 alone. Factors contributing to these accidents include inadequate fall protection, unstable work surfaces, and lack of proper safety equipment.
Machinery and Equipment Accidents
Construction sites utilize heavy machinery and equipment, which can pose significant risks if not used correctly or maintained properly. Accidents involving cranes, forklifts, bulldozers, and other equipment can result in serious injuries such as crush injuries, traumatic amputations, or fatalities.
Electrocutions and Explosions
Electrical hazards are prevalent on construction sites, where workers may come into contact with exposed wires, faulty equipment, or unsafe electrical systems. Electrocutions can cause severe burns, cardiac arrest, and other life-threatening injuries. Similarly, explosions due to gas leaks or improper handling of flammable materials pose grave risks to workers' safety.
Trench and Building Collapse
Trenching and excavation work carry significant risks, including cave-ins and collapses. These accidents can bury workers under tons of soil and debris, leading to suffocation, crush injuries, or death. Building collapses, whether during construction or demolition, can also result from structural failures or inadequate support systems.
Each of these types of construction accidents underscores the importance of stringent safety protocols, proper training, and adherence to Occupational Safety and Health Administration (OSHA) regulations. Construction companies must prioritize worker safety through regular inspections, hazard assessments, and providing adequate personal protective equipment (PPE) to mitigate these risks effectively. In the unfortunate event of a construction accident, seeking legal guidance from a reputable personal injury firm experienced in construction accident cases can help injured workers pursue rightful compensation for their injuries and losses.
Steps to Take Following a Construction Accident
Experiencing a construction accident can be alarming and overwhelming, but knowing what steps to take immediately afterward is crucial for your safety and future well-being.
- Ensure Safety and Seek Medical Attention: Assess injuries, seek medical help promptly, and follow all treatment advice.
- Report the Accident: Notify your supervisor immediately and complete an incident report detailing the accident.
- Preserve Evidence: Take photos of the scene, gather witness information, and keep any damaged equipment. Keep all documentation related to the accident, medical treatment, and expenses.
- Contact an experienced Construction Accident Attorney: A Wettermark Keith Personal Injury attorney will help you file your workers’ compensation claim, help you prepare and take the next steps and help in collecting evidence.
- File a Workers' Compensation Claim: Complete necessary forms with your employer or their insurer promptly.
- Follow Up and Monitor Recovery: Attend follow-up medical appointments and communicate with your employer about your recovery status.
Following these steps can help protect your legal rights, ensure you receive appropriate medical care, and facilitate the process of seeking compensation for your injuries. If you need personalized guidance or legal assistance, consider consulting with a knowledgeable personal injury attorney specializing in construction accidents. They can provide essential support throughout the claims process and help you navigate any challenges that arise.
Documenting the Accident
Effectively documenting a construction accident is essential for preserving crucial evidence and supporting any potential legal claims. This process involves several detailed steps to ensure that all relevant information is captured accurately. Here’s what to do:
Immediate Reporting: Inform your supervisor or site manager about the accident without delay. Make sure to document the time, date, and specific location of the incident.
Write a Personal Statement: Record a comprehensive account of the accident in your own words. Include details such as what you were doing at the time, how the accident happened, and the sequence of events leading up to it.
Photographs and Videos: Take clear photographs and videos of the accident scene from multiple angles. Document any equipment involved, visible injuries, and environmental conditions that may have contributed to the accident.
Eyewitness Accounts: Gather statements from coworkers or bystanders who witnessed the accident. Record their contact information and ask them to provide a written or recorded account of what they observed.
Detailed Medical Records: Ensure that all medical visits and treatments related to the accident are well-documented. This includes initial emergency care, follow-up visits, prescriptions, and any referrals to specialists.
Official Documentation: Complete an official incident report with your employer. Make sure it includes all relevant details and accurately reflects the circumstances of the accident.
Secure Damaged Items: Keep any clothing, equipment, or tools that were damaged during the accident. Store these items in a safe place as they may be needed for further investigation or legal proceedings.
Organize and Keep Records: Create a log to track all documents related to the accident. This should include medical records, incident reports, witness statements, photographs, and any communication with your employer or insurance providers.
Record Ongoing Effects: Maintain a daily diary documenting your physical and emotional condition, any pain or discomfort, and the impact of the accident on your daily activities and work capabilities.
Thoroughly documenting the accident can significantly strengthen your case if you decide to pursue a workers' compensation claim or legal action for your injuries. Consulting with an experienced personal injury attorney specializing in construction accidents can provide further guidance and ensure your rights are protected throughout the process.
Understanding Workers’ Compensation vs. Personal Injury Claims
Navigating the complexities of workplace injuries requires understanding the distinctions between workers’ compensation and personal injury claims. Both avenues provide avenues for compensation, but they differ significantly in their scope and eligibility requirements.
Workers’ Compensation Benefits
- Workers’ compensation is a system designed to provide benefits to employees who suffer injuries or illnesses arising from their job duties. These benefits typically cover medical expenses related to the injury or illness, a portion of lost wages during recovery, and vocational rehabilitation if the injury prevents the employee from returning to their previous job. Unlike personal injury claims, workers’ compensation does not require proving fault or negligence on the part of the employer or a third party. Instead, it is a no-fault system intended to provide timely support to injured workers, regardless of who caused the accident.
Personal Injury Claims
- Personal injury claims, on the other hand, involve seeking compensation for injuries caused by the negligence or wrongful conduct of another party. This could include injuries sustained in a car accident, slip and fall incidents on someone else’s property, or injuries caused by defective products. Unlike workers’ compensation, personal injury claims require demonstrating that the defendant (the party being sued) was negligent or breached their duty of care, and that this negligence directly caused the injuries. Compensation in personal injury claims may include medical expenses, lost wages, pain and suffering, and other damages depending on the circumstances of the case.
Understanding the distinctions between workers’ compensation benefits and personal injury claims is crucial for individuals who have been injured. Consulting with a knowledgeable personal injury attorney can help determine the appropriate legal course of action based on the specific circumstances of your case, ensuring that you receive the compensation you rightfully deserve.
Frequently Asked Questions
After a construction accident, your first priority should be your health and safety. Seek medical attention immediately. Next, report the accident to your supervisor or employer and ensure it is documented in writing. It's crucial to preserve any evidence related to the accident, such as taking photos of the scene and gathering witness contact information. Finally, consult with a Wettermark Keith Personal Injury construction accident attorney to understand your legal rights and options.
A personal injury claim may be pursued if your accident was caused by the negligence or wrongful actions of another party. This could include unsafe working conditions, defective equipment, or the negligence of a third party onsite. To determine if your accident qualifies, consult with a personal injury attorney who can evaluate the circumstances surrounding your case and advise you on the best course of action.
It is illegal for your employer to pressure you not to file a workers' compensation claim or a personal injury claim. If you feel pressured or intimidated, document any interactions related to this pressure and seek legal advice immediately. Your attorney can guide you on how to protect your rights and pursue the compensation you are entitled to under the law.
In Mississippi, workers' compensation is a no-fault system, meaning you are generally eligible for benefits regardless of who was at fault for the accident. However, in a personal injury claim, Mississippi follows a comparative fault rule. This means that your compensation may be reduced by your percentage of fault for the accident. Consulting with a personal injury attorney can help determine how comparative fault may impact your case.
In Mississippi, the statute of limitations for filing a personal injury claim is typically three years from the date of the accident. However, it is important to take action promptly to ensure the preservation of evidence and to meet any specific deadlines that may apply to your case. Contacting a personal injury attorney as soon as possible after your accident is advisable to protect your legal rights and maximize your chances of a successful claim.
No Recovery, No Fee - Guarantee!
Experiencing a construction accident can bring overwhelming financial and emotional challenges to you and your loved ones. At our law firm, we believe that everyone should have access to exceptional legal representation, regardless of their financial circumstances. That's why we offer our legal services on a contingency fee basis, ensuring that upfront costs do not stand in the way of seeking justice.
You won't need to worry about legal fees when hiring our skilled attorneys; we only receive payment if we secure a settlement or verdict for you. Our priority is your recovery and peace of mind. Allow our dedicated Tupelo lawyers to navigate the legal intricacies of your construction accident case, so you can concentrate on healing. We are committed to providing high-quality legal services to everyone, empowering you to pursue the justice and compensation you rightfully deserve.
Why Hire a Lawyer for Your Workers’ Compensation Case?
When you've suffered a construction accident at work and need assistance like workers compensation, Wettermark Keith stands ready to advocate for you against insurance companies. With over two decades of experience advocating for our clients, we understand the complexities of securing the compensation you rightfully deserve. Your job stability supports both you and your family, and in times of adversity, fair compensation for construction accidents provides crucial protection.
If insurance companies refuse to offer a fair settlement or any settlement at all, we will assist you in gathering evidence and negotiating on your behalf. While most cases are settled out of court, if negotiations fail, we are prepared to litigate aggressively in court. Our commitment to our clients extends to standing before a judge to ensure your rights are upheld. At Wettermark Keith, we are dedicated to doing whatever it takes to achieve justice for you.
Wettermark Keith: Your Tupelo Construction Accident Ally
At Wettermark Keith™, we have an excellent reputation as one of the most accomplished personal injury firms in the country. We offer a diverse range of practice areas, including personal injury cases, auto wrecks, trucking wrecks, nursing home abuse, medical malpractice, on-the-job injuries, social security, and VA disability, to name just a few. At Wettermark Keith, we believe in taking cases personally. Our purpose is to practice with care and compassion - to tell our clients' stories and make their voices heard. We achieve this by building strong relationships based on constant communication and an unwavering dedication to truth and trust.