Salt Lake City Construction Accident Lawyer
The aftermath of a construction injury can be an incredibly confusing time. Workers compensation will only cover so much, and you might be able to receive better compensation through a personal injury lawsuit. To find out if your case qualifies, consult a Salt Lake City construction accident lawyer.
Construction is a dangerous profession, and while getting injured on the job allows you to file a workers compensation claim, this will only cover a small portion of the damages you’ll experience because of your injury. Many construction workers believe that this is their only option for seeking compensation, but this is not always the case.
If your accident and injury meet certain criteria, you might be able to seek additional compensation through a personal injury lawsuit against those responsible. This will allow you to recover damages for all of the losses and expenses you experience, and a Salt Lake City construction accident lawyer from Craig Swapp & Associates can help you determine what your claim is worth and whether you have grounds for a case.
Common Causes of Salt Lake City Construction Accidents
Construction sites are inherently dangerous places, and accidents can happen at any time due to a variety of factors. If you are a construction worker who has been injured on the job, it is important to understand the common causes of construction site accidents in order to prevent future incidents. Some of the most common causes of construction site accidents in Salt Lake City, Utah include the following:
Lack of proper training
Construction workers need to be properly trained in order to work safely on a construction site. If a worker is not properly trained, they may not be aware of the hazards on the site and how to protect themselves from injury.
Poorly maintained equipment
Construction sites are filled with heavy machinery, and if this equipment is not properly maintained, it can lead to accidents. For example, a malfunctioning crane can cause a collapse and severe injuries.
Lack of safety equipment
Construction workers are often required to wear safety equipment such as hard hats, safety glasses, and steel-toed boots. If a worker is not provided with the proper safety equipment, they may be at risk of serious injury.
Slip and fall accidents
Construction sites are often cluttered with debris and other hazards, which can lead to slip and fall accidents. These accidents can cause serious injuries such as broken bones, head injuries, and even death.
Lack of safety protocols
Construction sites must have safety protocols in place to protect workers from hazards. If safety protocols are not in place or not followed, accidents are more likely to happen.
Unsafe working conditions
Construction workers are exposed to a variety of hazardous conditions, including working at heights, working with heavy machinery, and working in confined spaces. If the working conditions are not safe, it can lead to accidents and serious injuries.
Please note that construction site accidents can be caused by a variety of factors and that this list is not exhaustive. However, by understanding the common causes of construction site accidents, construction workers can take steps to protect themselves from injury and prevent future incidents.
What to do after a construction accident in Salt Lake City
If you are a construction worker who has been injured on the job, it is important to take the appropriate steps in order to ensure that your rights are protected and that you receive the compensation you deserve.
The following is a general overview of the steps that you should take after getting injured in a construction accident.
Seek medical attention.
The first and most important step is to seek medical attention for your injuries. Not only is this important for your health, but it is also important to document your injuries in order to support your claim for workers’ compensation benefits.
Notify your employer.
As soon as possible after the accident, you should notify your employer of your injuries. Under Utah law, you have to report the injury within 180 days after the accident. This will start the process of your employer filing a workers’ compensation claim.
File a claim for workers’ compensation benefits.
After you have notified your employer, the next step is to file a claim for workers’ compensation benefits. This will include providing all of the relevant information about the accident, including the date, time, and location of the accident, as well as the nature and extent of your injuries. Your employer will then submit the claim to the workers’ compensation insurance company.
Collect evidence.
It is important to gather as much evidence as possible about the accident, including photos of the scene, contact information for any witnesses, and any documentation of injuries or property damage. This information will be used to support your claim for workers’ compensation benefits.
Consult with an attorney.
While you are not required to have an attorney to file a workers’ compensation claim, it is a good idea to consult with one. An experienced attorney can help you navigate the claims process and ensure that your rights are protected. They can also advise you on the best course of action for your specific case, including negotiating a settlement with the insurance company or filing a lawsuit.
It is important to note that the process of filing a claim for workers’ compensation benefits can be complex and time-consuming and that the process can vary depending on the specific circumstances of the accident. Additionally, there may be other legal remedies available to you, such as filing a third-party claim against a non-employer who may be liable for the accident.
Workers’ Compensation vs. Personal Injury Claim
Construction site accidents can be a complex area of law, and it can be difficult to know whether a particular accident falls under workers’ compensation law or personal injury law. However, understanding the difference between these two types of law is important for construction workers who have been injured on the job, as it can affect the type of compensation they may be entitled to receive.
Workers’ compensation law applies to injuries that occur in the course of employment. In Utah, all employers are required to have workers’ compensation insurance to provide benefits to employees who are injured on the job. Workers’ compensation benefits typically include medical expenses, lost wages, and rehabilitation expenses. These benefits are generally paid regardless of who is at fault for the accident.
On the other hand, personal injury law does not solely apply to injuries that are caused by the negligence of another party, if the injured party is partly negligent, he/she has liability also. A personal injury lawsuit can be filed against a third party that is responsible for the accident, such as a subcontractor, equipment manufacturer, or property owner. In a personal injury lawsuit, the injured party can seek damages for medical expenses, lost wages, pain and suffering, and other losses.
To determine whether a construction site accident falls under workers’ compensation law or personal injury law, the following factors should be considered:
Employer-employee relationship
If the injured party is an employee of the company on the job site, their injury is likely to fall under workers’ compensation law.
Third-Party Involvement
If a third party is involved in the accident, such as a subcontractor, equipment manufacturer, or property owner, then the injured party may be able to file a personal injury lawsuit against them.
Fault
In workers’ compensation cases, fault is not a factor in determining whether an injured employee is eligible for benefits. However, in personal injury cases, the plaintiff must prove that the defendant was at fault for the accident.
Damages
In workers’ compensation cases, the benefits cover medical expenses, lost wages, and rehabilitation expenses. If an injury results in the worker’s death, dependent compensation is provided alongside the funeral and burial expenses. In personal injury cases, the plaintiff can seek damages for a wider range of losses, such as pain and suffering, emotional distress, and loss of consortium.
By understanding the difference between workers’ compensation and personal injury law, construction workers can take steps to protect their rights and ensure they receive the compensation they deserve.
If you are unsure whether your accident falls under workers’ compensation or personal injury law, it is a good idea to consult with an experienced attorney who can help you navigate the process and ensure that your rights are protected.
Filing a Personal Injury Claim for a Construction Accident
You can file a civil lawsuit if either someone else or another company was at least partially responsible for your accident or injuries. Detailed below are a few of the possible scenarios that could allow you to seek a settlement beyond what workers compensation will provide:
- Chemical Exposure – If you were exposed to toxic chemicals while working, you may have a case against the chemical company that produced them or whoever was responsible for your exposure. This sometimes happens on a construction site as workers are exposed to toxic substances already in the building or in use in the construction.
- Equipment Malfunction – Your helmet, eye-wear, boots, harness, and other safety equipment are all supposed to function in a specific way. The manufacturer has a duty to produce equipment that lives up to their marketing claims and established safety standards. If the equipment fails to perform and you are injured as a result, you could sue the manufacturer and anyone else in the supply chain that knew of the defect.
- Machinery Malfunction – The use of cranes, forklifts, and other heavy machinery can directly impact your safety on the job. Failures to warn of potential dangers or malfunctions can lead to accidents and injuries that may be the fault of the manufacturer.
- Contractor or Outside Cause – Third parties tasked with maintaining your equipment, cleaning the job site, or handling specific safety components could be held responsible if their negligence led to your accident. Passersby and bystanders could also be at fault, and your Salt Lake City construction accident lawyer will help you identify them, if so.
Intentional Harm and Malice
If your employer intentionally put you into a dangerous situation or knowingly exposed you to harm, you can sue them through a personal injury lawsuit. Proving malice and intent can be challenging, so your Salt Lake City construction accident lawyer will conduct a thorough investigation into their actions.
For example, an employer who continually put workers into dangerous situations that violate OSHA standards could be argued to have knowingly and intentionally put workers into harm’s way. In this instance, they would have intentionally and repeatedly violated the law without attempting to correct the problem.
Construction Accident Types
As mentioned, construction is easily one of the most dangerous industries to work in. Workers routinely work at great heights, operate heavy machinery, and are placed into situations that expose them to high voltage and dangerous substances.
What caused your accident will indicate who was at fault and may therefore determine whether you are eligible to file for personal injury damages. If your employer or coworker unintentionally caused any of the following, then you’ll probably have to settle for workers compensations. However, if malice was involved or a third party was responsible, additional compensation becomes a very real possibility:
- Falls – If you fell due to a safety equipment malfunction, you could sue the product manufacturer.
- Machinery Malfunctions – The manufacturer could also be to blame, as could a third-party contractor who was operating the equipment or responsible for its maintenance.
- Electrocutions – The accident will need to be investigated to determine who caused the electrocution and if there was any motive involved.
- Burns – Similar to electrocutions, what caused your burn and why will determine if you can sue.
- Chemical Damage – Exposure to toxic chemicals while on the job may result in illness or injury, allowing you to sue the chemical manufacturer and possibly the party responsible for your exposure.
Construction Injury Types
Construction injuries are as varied as the accidents that cause them. Your injury’s required medical care, impact on your life, and extent will largely determine how much compensation you could receive.
Your Salt Lake City construction accident lawyer will have extensive experience handling claims that cover a range of different injury types:
- Broken bones
- Amputations
- Blindness or loss of vision
- Loss of hearing
- Concussions and other traumatic brain injuries
- Chronic and long-term illness
- Severe Burns
- Spine injuries
- Wrongful death
Compensation for a Construction Accident
Any financial expenses and noneconomic damages you incur as a result of your construction accident should be factored into your final settlement amount. The insurance company or at-fault party’s attorneys will attempt to get you to settle for as little as possible, so it’s important to have a Salt Lake City construction accident lawyer evaluate your offer and determine whether it is fair.
You may be entitled to compensation for any of the items listed below that apply to your case:
- 100 percent of your lost wages (instead of the percentage covered by workers compensation)
- Current and future medical expenses
- Transportation expenses
- Cost of remodeling or retrofitting your home to accommodate your disability
- In-home nurses or caregivers
- Pain and suffering
- Damage done to your marriage and personal relationships
Statute of Limitations for Your Salt Lake City Construction Accident
The statute of limitations is a legal term that refers to the time frame within which a person must file a claim or lawsuit. The statute of limitations for a construction site accident in Salt Lake City, Utah can vary depending on the type of claim or lawsuit being filed.
For workers’ compensation claims, the injured party should be able to file for a hearing with the Division of Adjudication within 6 years from the date of the accident. Further, the claimant has the burden of proving that his/her injury is directly caused by the accident – and it is limited to 12 years – in order to be eligible for benefits.
For personal injury claims, the statute of limitations is four years from the date of the accident. This means that if a construction worker is injured on the job as a result of the negligence of another party, they must file a personal injury lawsuit within four years of the accident in order to be able to seek damages.
It is important to note that the statute of limitations for wrongful death claims is also different, Utah statute of limitation for wrongful death claims is two years from the date of death. This means that if a construction worker dies as a result of a construction site accident, their family must file a wrongful death lawsuit within three years of the date of death in order to seek damages.
It is important to keep in mind that the statute of limitations is a strict deadline, and if a claim or lawsuit is not filed within the appropriate time frame, the injured party will likely be barred from recovering any damages. Therefore, it is important for construction workers who have been injured on the job to seek legal advice as soon as possible so that they can understand their rights and take the necessary steps to file a claim or lawsuit before the statute of limitations expires.
Salt Lake City Construction Accident FAQ
Any injury or accident is likely to result in a number of questions and uncertainties, and this is especially true of workplace accidents that occur on construction sites. Below, we’ve answered a few of the questions that we receive most often, but if you don’t see your question addressed, please call our office to speak with a Salt Lake City construction accident lawyer.
What do I do if my employer doesn’t have workers compensation insurance?
In Utah, employers are legally required to carry workers compensation insurance. If yours doesn’t and you get injured, you are legally allowed to file a personal injury claim seeking compensation for your injury and resulting damages.
What are the “fatal four” of construction accidents?
Construction is such a dangerous industry to work in that deaths happen with enough regularity for four accident types to stand out as the most common: electrocutions, falls from heights, being struck by falling objects, and getting caught in machinery.
Can I sue my coworker for causing my construction accident?
Whether you can sue your coworker for a workplace accident depends upon intent. If your coworker intentionally caused your injury, this would be an example of malice, giving you the option to file a personal injury claim. If it was simple negligence, you would not be able to sue.
Speak with a Salt Lake City Construction Accident Lawyer
Don’t just assume that you have to settle for what workers compensation provides. Instead, find out if you might be able to receive compensation for all of your accident-related damages and losses.
To speak with a Salt Lake City construction accident lawyer from Craig Swapp & Associates, schedule a free consultation by completing the contact form on this page or by calling 1-800-404-9000.
