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Who Is Responsible for Construction Accidents?

Construction Accidents 101

Have you ever noticed that there is a flurry of construction activity every summer and fall? Whether in the city or on the highways, many municipalities and property owners work hard to complete their projects before bad weather and snow set in. This increased construction activity makes construction-related accidents and injuries more common.

Examples of common construction accidents include:

  • Chemical spills
  • Falling objects
  • Fires
  • Malfunctioning equipment
  • Slip and fall accidents
  • Vehicle accidents

Anyone can be injured in a construction accident, from construction workers themselves to visitors to construction sites, to pedestrians and drivers on the road. Unfortunately, construction accidents tend to be very serious and may result in permanent disability or even death.

Construction accident injuries can include:

  • Back and neck injuries
  • Spinal cord injuries
  • Burns, including chemical burns
  • Eye injuries and vision loss
  • Traumatic brain injuries (TBI)
  • Sprains and broken bones

While many circumstances can lead to a construction accident, they often result from someone else’s negligence or reckless behavior. This can make your situation feel even more frustrating and upsetting. However, when this happens, you may have the option to file a personal injury or workers’ compensation claim. The first step in doing so is determining who is liable for your accident.

Determining Liability in Construction Accident Cases

Construction sites are busy places with a lot going on. Determining who is liable for an accident can, therefore, be difficult. However, figuring out who is responsible for your injuries is crucial for getting the compensation you are entitled to. To determine liability, the cause of the accident must be determined. Once the cause of your accident is identified, we can begin to understand who ultimately is at fault.

Many different parties can be liable in a construction accident, including:

  • Landowners
  • Municipalities
  • Contractors
  • Supervisors
  • Equipment operators
  • Equipment manufacturers
  • Vehicle drivers
  • Vehicle manufacturers

After liability is determined, your attorney can begin to build your personal injury or workers’ compensation case.

Workers’ Compensation vs. Third-Party Liability

If you were injured at work, the type of claim you file, personal injury or workers’ compensation, will be based on who is ultimately liable for your accident. In most cases, if your employer is responsible, you likely will not be able to bring a personal injury claim against them. Instead, you will need to file for workers’ compensation. Note: even if you were at fault for your own injury, workers’ comp might still be available to you.

If a third party is liable for your injuries, you may have grounds for a personal injury lawsuit, even if you were injured at work. Examples of third parties who may be at fault for a construction accident include architects, equipment manufacturers, and contractors.

Workplace injury cases can be incredibly complicated, so you should always work with an experienced attorney when bringing a workers’ compensation or third-party liability claim.

What To Do If You Are Injured in a Construction Accident

If you or a loved one were injured in a construction accident, whether at work or otherwise, your first step (after getting medical care for your injuries) should be to speak with a personal injury lawyer like ours at May, Rammell & Wells. The road to recovery can be long and having someone to advocate for you can make an incredible difference.

We also recommend you document everything you can about your accident and take down the names and contact information of anyone who witnessed the accident. Give anything that you think may be related to your accident and injury to your attorney. They will need this information when building your case. If you are unsure if something is relevant, save it and ask your lawyer.

Important documentation to collect after an accident:

  • Your medical records
  • Any statements or medical bills you receive
  • Invoices or bills related to any property damage
  • Any communication between yourself and your employer
  • Any communication between yourself and your insurance company

Even if you have insurance, it is recommended that you secure legal representation. Additionally, if you were injured in the workplace, do not assume that your employer will take care of you, even if you have a good relationship with your boss. In these cases, it is not uncommon for insurance companies and company legal representatives to step in and try to reduce their liability and avoid paying out compensation, even when the employee is entitled to it.

This is why you need legal representation of your own. Keep reading to learn more.

Why You Need Legal Representation

After a serious construction accident, you may be feeling overwhelmed. In addition to recovering from your injuries, you may also be worried about how you will recover financially. Not only do you have medical bills to worry about, but you likely have also had to take time off work while your injuries heal. This can put a great strain on you and your family. You don’t have to go through this alone.

With the help of a qualified attorney, you can gain the support and advocacy you need to negotiate with health care providers and insurance companies and, if necessary, bring a personal injury claim. If your accident occurred due to someone else’s negligence or recklessness, you might be able to seek compensation for your injuries and related expenses.

We have helped many clients get compensation for:

  • Medical expenses
  • Physical therapy costs
  • Rehabilitation expenses
  • Long-term care
  • Lost wages
  • Pain and suffering

How to Choose a Personal Injury Lawyer to Represent You

When it comes to hiring a personal injury lawyer to represent you in your construction accident case, there are a few things you should look for. First, you want to work with an attorney experienced in handling these types of cases in Idaho. Secondly, you want to find an attorney in which you feel confident and who will represent your best interests.

At May, Rammel & Wells, we understand you have a choice when it comes to attorneys, and our goal is to provide all of our clients with the supportive, personalized legal representation they need. We are well-known for our detail-oriented approach to legal representation and our commitment to our clients. If you would like to discuss your case with one of our attorneys, send us a message online or call our law firm at (208) 623-8021.


What Makes Our Firm Different?

  • 70+ Years of Collective Experience
  • Passionate About the Pursuit of Justice
  • Full-Service Law Firm
  • We Are Not Afraid to Take Your Case to Trial
  • Committed to the Highest Level of Integrity
  • Backed by a History of Success

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