Workers compensation only goes so far. To find out if you can file a personal injury claim for a jobsite injury, speak with a Spokane construction accident lawyer.

Construction accidents can lead to life-altering injuries, as well as significant financial expense and other losses. After being hurt in a jobsite accident, you could have options beyond just filing a workers compensation claim.

However, to be eligible your case must meet specific criteria in order to file a lawsuit. A Spokane construction accident lawyer from Craig Swapp & Associates can review your accident and help you determine what your options are.

Common Construction Accident Types

Construction is one of the most dangerous industries in the United States. As a result, there are a number of different accident types that occur on a regular basis, some of which are unique to the industry.

Your Spokane construction accident lawyer will have experience handling claims for a number of different scenarios. Regardless of the type of accident you were injured in, our firm will know how to investigate it and determine who was at fault for what happened:

According to the Occupational Safety and Health Administration (OSHA), the “fatal four” causes of deadly construction injuries are falling, being struck by an object, electrocution, and being trapped between pieces of machinery. While other accident types can be responsible for injuries, these four account for approximately 64 percent of workplace deaths in the construction industry.

Construction Injury Types

The type of injury you experience in your construction accident will be central to your claim. This is because the extent and nature of your wounds will determine what sort of care will be required going forward and how your quality of life will be affected.

Even if your injuries seem minor, you could still have grounds for a case. If your injury required medical treatment or adversely affected your life, you should speak with a Spokane construction accident lawyer.

These are just a few of the more common injuries that could justify seeking a financial settlement:

  • Traumatic brain injuries
  • Spine, back, and neck injuries
  • Internal bleeding and organ damage
  • Vision and hearing loss
  • Severe burns
  • Broken bones and fractures

Workers Compensation vs. Personal Injury Lawsuit

Immediately after being injured, you can file a workers compensation claim—and should. Doing so will not prevent you from filing a personal injury lawsuit at a later date. Workers compensation pays for your medical bills and a portion of your lost wages. It typically kicks in within a couple of weeks of filing a claim and will stay in effect while you recover.

Unfortunately, the compensation provided by work comp is often not enough to maintain most people’s lifestyle, and it does not include money for additional expenses and losses, such as pain and suffering. To recover a full and comprehensive settlement, you need to sue the responsible party with help from a Spokane construction accident lawyer.

When Can a Personal Injury Claim Be Filed for a Construction Injury?

Filing a personal injury lawsuit after being injured at work is not a simple process. Many people do not qualify to file because there are conditions that must be met in order to go beyond work comp. For example, if your employer was doing everything right and your equipment functioned properly, no one would be to blame for your accident, leaving workers compensation as your only recourse.

However, you can file a lawsuit if your employer was egregiously negligent or intentionally exposed you to harm. For instance, if your employer was issued a citation for failing to comply with OSHA guidelines but refused to correct the problem, any resulting accident would be due to willful negligence.

There are situations that might qualify as a personal injury scenario as well. If any of the following apply to your case, make certain to consult with a Spokane construction accident lawyer as soon as possible:

  • A third party, such as a contractor or passerby, caused the accident
  • Your employer doesn’t carry workers compensation insurance
  • A piece of equipment or machinery failed due to a design or manufacturing defect
  • You were exposed to a toxic substance, such as asbestos

Building a Case for Your Jobsite Accident

Your Spokane construction accident lawyer will investigate your accident, gather evidence, and determine who was negligent. Once the negligent party is identified and it’s clear that your case meets the above criteria, we can file a personal injury lawsuit on your behalf. This will allow you to seek full compensation rather than the minimum offered by work comp.

To build your case, we will need to review all of the available evidence:

  • Accident reports
  • Medical records
  • Witness statements
  • Prior safety violations

In addition, we may conduct depositions, asking your employer or a third party questions while they’re under oath. This will provide further details and company background information that can prove useful in court.

Construction Injury Compensation

Your Spokane construction accident lawyer will maximize the value of your claim so that you can receive as much money as possible. This requires looking beyond the obvious medical bills and lost wages and evaluating all of the ways that your injury has impacted your life.

You can seek compensation to pay for all of your accident-related expenses and financial losses. Your claim should also include non-economic damages that represent how your quality of life has been harmed.

  • Medical bills, current and future
  • Lost wages and income (not just the percentage offered by work comp)
  • Caretaker wages and transportation costs
  • Mobility equipment and medication
  • Physical and emotional therapy
  • Pain and suffering
  • Loss of consortium
  • Lost enjoyment of life

Spokane Construction Accident FAQ

A workplace injury can make it incredibly difficult to know what your best option for compensation is. With that in mind, we’ve answered a few of the more common questions here. If you don’t see your concern addressed, please contact us so that you can speak with a Spokane construction accident lawyer.

How long do I have to file a personal injury claim for a construction accident?

Washington provides a statute of limitations of three years in which to file a claim seeking financial damages. Once this time limit has been exceeded, you risk having your case dismissed without ever being heard.

Who is at fault when I get sick because of a toxic substance?

When toxic exposure leads to illness or injury, you can generally hold the manufacturer of the chemical or substance accountable. However, if a third party caused your exposure, you might be able to seek damages from them, as well.

How do I seek damages if a family member died in a construction accident?

If your loved one’s fatal accident meets the necessary criteria, you might be able to file a wrongful death lawsuit against the responsible party. The personal representative, spouse, or child of the deceased can file this type of claim. Certain other relatives might also be able to file under certain circumstances.

Speak with a Spokane Jobsite Injury Lawyer

A construction accident can easily inflict severe and life-threatening injuries that leave you unable to work and lead an enjoyable life. When this happens, you deserve to know if you can get a better settlement than what’s provided by workers compensation.

To schedule a free consultation with a Spokane construction accident lawyer, complete the form below or call 1-800-404-9000.