> 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.
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
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 .
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Client Reviews
“I was concerned with all the paperwork”
Before calling your firm I had 2 big worries. One was I didn’t want to do more paper work, and that fear was resolved when I had to do very little, but Craig Swapp and Assoc. did most of it, and when I did have to come in to sign papers they worked around the times I could do it. Worry 2 was I didn’t want people to think I was “sue happy” and that I was just out to get money. I just wanted my bills to be paid for that were from the accident, and that was resolved I think by Mr. Wes Mortenson and Theresa because they listened to what I had to say.
Amber W.,
Spokane, WA
"I would hire them in a second"
My biggest fear was not having all the expenses caused by the accident paid for in full. I was assured they would be taken care of but I admit I was skeptical. When we wrapped everything up (which happened quicker than I was originally told) I had extra money in my pocket. I honestly thought there was a catch but my attorney explained everything to me in detail. If I am ever in that position again I’ll be giving Craig Swapp a call.
Robert N.,
Spokane, WA
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I was afraid of the fees I would have to pay a lawyer. I waited over a year before hiring your law firm. I finally reached out to your online help where they were able to help me understand the process and what would happen. In all honesty I absolutely loved working with the individuals that were involved in my case. They were genuine & heartfelt about my case. It felt as though they really cared and were concerned about me, not just as a client but as a person.
Lacey B.,
Salt Lake City, UT
"I was afraid that my issue was too small"
I was afraid that my issue was too small to be handled, and that it would just be rejected. Or that I’d end up having to pay for my medical expenses and any of your teams expenses. I would definitely answer yes, it was resolved! I wasn’t ever made out to feel like my little issue didn’t matter, and my expenses were paid for- just what I wanted/needed.
J. Rohas,
Caldwell, ID
"I am very pleased with the results"
My biggest fear was that it would be pointless to pursue legal action in my case. I felt like maybe I didn’t have much of a case. After speaking with Paul, I realize it was not of my own fault and that others can be held responsible for the pain and suffering I went through.
Dollie J.,
West Jordan, UT