You Can Get Legal Help With a Construction Lawyer in Flint
If you or someone in your family has been injured on a construction site in Flint, Michigan, it is important to know what legal options are available. There are strict time limits for filing an injury claim, among other complex liabilities, that need to be reviewed by both the injured worker and their lawyer. It is also essential that an experienced lawyer review any settlement offer before you accept.
A Flint workplace injury lawyer can help you understand your legal rights regarding workplace injuries, so you can take the necessary steps toward financial compensation.
Common Accidents on Construction Sites
Construction sites can be dangerous places, and construction workers have experienced many injuries in 2019 with 250 incidents per 10,000 employees in the United States. The high volume of traffic, construction workers, moving heavy loads, and walking on narrow platforms creates plenty of potential hazards.
Over 60% of all deaths in the construction industry are caused by what the Occupational Health and Safety Administration (OSHA) calls the “Fatal Four Hazards.” Workers can:
- Fall off the roof of a building or from other significant heights
- Get hit by scaffolding and be knocked unconscious
- Shocked by an electric current that causes their heart to stop beating while they were working on power lines and live wires
- Become trapped between two objects like steel beams and be subjected to pressure or impact
Type of Injuries That May Qualify for Workers’ Compensation
If you’ve been injured at a construction site in Flint or anywhere else in Genesee County, it is important to understand the type of serious injuries that qualify you for workers’ compensation.
- Head injuries, from mild concussions to traumatic brain injuries
- Paralysis from spinal cord injuries and nerve damage
- Repetitive motion injuries due to lifting or strain
- Neck injuries that cause temporary or permanent disability
- Hearing or vision impairment from work-related tasks
- Injuries from getting stuck between heavy machinery
- Amputations of fingers, hands, arms, toes, feet, or legs
- Broken bones and fractures
- Electrical and burn injuries
Construction Site Regulations
OSHA and the Michigan Occupational Safety and Health Administration (MIOSHA) regulate the construction site industry and construction site safety in the state. The Occupational Safety and Health Administration (OSHA) is the agency that ensures employers are following federal regulations for workplace safety. Workers have specific rights under these guidelines, such as working in a safe environment free of toxic substances or dangerous machinery.
MIOSHA is also responsible for implementing workplace safety programs such as fall prevention initiatives.
The Importance of Reporting Construction Site Injuries
Michigan law requires that you notify your employer within 90 days of the accident on a construction site if you get injured on the job. If you do not report before the deadline, you may face a rejection of your workers’ compensation claim.
A business must file an Employer’s Basic Report of Injury with the Bureau of Workers’ Disability Compensation if an injury lasts longer than one week. The bureau will evaluate and investigate your claim to see if you are eligible for benefits. Regardless of whether you file a workers’ compensation claim directly with the bureau or notify your employer directly, a workers’ compensation claim must be filed within two years of the accident.
The Flint construction accident attorneys at our firm are ready to investigate whether any of these laws apply to those injured or killed on the job. We can help you appeal a denied claim to get the benefits you are entitled to. You can rely on our lawyers to gather the evidence needed to build a successful case that reflects your rights and best interests.
Why You Should Work With a Construction Site Accident Lawyer in Flint
The complex nature of workplace accidents and their liabilities is often handled by a construction site accident lawyer. When you speak with a Flint construction accident attorney who specializes in workplace accidents, they can tell you everything you need to know about the laws that apply to your accident case.
How Do I Know if Legal Action is Right for Me?
If you were injured in a construction accident and believe the incident was preventable, you may be entitled to legal action. When you meet your lawyer, they will consider all the details surrounding your injuries and the accident to determine if you have grounds for a claim. Considerations include:
- Type of construction site accident and the resulting injuries
- The working conditions at the time and place of the accident
- What equipment or machinery was involved and who was operating it
- The extent of your injuries and any ongoing medical treatments
- Length of your hospitalization (if applicable)
Who is Liable for Construction Accidents?
The dangers of a construction site are not limited to the work itself. Poorly maintained or faulty equipment, hazardous working conditions, and negligent employees all contribute to an unsafe environment where accidents may occur at any time. Determining who is responsible for your injuries may be difficult because there could be multiple negligent parties.
The person or entity responsible for the injury can be held liable, which could be a general contractor, construction manager, subcontractor, independent contractors, manufacturers of materials, or any other party involved in the project.
In some instances, the negligent actions of more than one party may have caused the accident. For example, the property owner or landlord could be held liable if the building was found to have violated local building ordinances. Your employer or general contractor could have neglected to secure and maintain a safe working environment by failing to follow safety procedures and provide appropriate personal protective equipment per OSHA regulations.
Types of Claims You Can File After Your Workplace Injury
A construction accident case is valued based on your injuries, future medical care and procedures, and other variables. There are a few accident claims you can file for fair compensation.
Many Michigan companies must purchase workers’ compensation insurance by law. Employees with a disability receive workers’ compensation benefits for medical expenses and lost wages. This type of claim will not require you or your lawyer to prove negligence, only that you were injured at work.
Personal Injury Claim
Even though workers’ compensation insurance does not allow you to sue an employer, you may be able to sue a third party who caused the injury for damages. It could be a manufacturer of faulty equipment or a passing truck driver that caused a motor vehicle accident at the construction site. You and your attorney must prove that your injuries were the result of negligence.
Wrongful Death Claim
If your loved one was fatally injured in an accident at work, you could file a wrongful death claim on their behalf. As part of the wrongful death claim, you can receive compensation for medical bills, funeral expenses, and pain and suffering, along with loss of companionship for the family members after death.
How to Choose a Construction Accident Attorney in Flint, Michigan
Construction accident cases can be challenging to get through without the help of an experienced construction injury lawyer. A law firm with relevant experience can help protect your rights and ensure you receive the compensation and benefits you are entitled to. Here are some other ways our law firm can assist with your case.
Help You Understand the Legal Process
During the free consultation, a personal injury lawyer goes over the details of your case, including the extent of your injuries, the working conditions at the time of the accident, and any potential witnesses who saw you get injured. Your attorney can answer any questions you may have at this point, such as their experience with construction accident cases, the number of successful cases they handled that are similar to yours, and the possible value of a settlement. If you proceed with hiring our team, your attorney can offer legal advice throughout the entire process.
Negotiate With Insurance Companies
Insurance companies will have you believe they are protecting you, when in fact, an initial insurance payout may not even match your losses. You can always challenge any offer by the insurance company by having your attorney negotiate a better settlement on your behalf.
Determine Third-Party Liability
In the event of a third party’s negligence, your construction accident lawyer will investigate thoroughly and gather evidence of any negligence to hold the individual or entity liable. This may include speaking with your coworkers and looking over any audiovisual evidence, such as security camera footage from the construction site accident.
Go to Court if Necessary
If your case goes to trial, your personal injury lawyer will represent you and your interests in court. In some cases, this may involve obtaining complete medical records, getting compensation for economic losses and pain and suffering (to allow victims to recover), and obtaining testimony from witnesses present at the accident scene while also considering expert witness input when necessary.
Work With a Construction Accident Lawyer in Flint, MI
To prevent accidents and injuries, construction site regulations are in place to make the work environment safer. However, despite everyone’s best efforts, accidents can still occur, and often, someone is at fault.
If you sustain a serious injury at a construction site, you should not risk the livelihood of your family. Seek legal counsel to assist you in pursuing a claim for financial compensation to ease the burden while you recover. You can work with a construction site lawyer in Flint who specializes in workers’ compensation claims and these types of accidents. We’re here to help you navigate your legal options following a severe injury at a construction site.
Contact the law firm of Cochran, Kroll & Associates, P.C. today. Our telephone number is 1-866- MICH LAW (1-866-642-4529). We can help you get back on track after suffering an injury or illness caused by unsafe conditions at your workplace.
Can I choose where I seek medical treatment after a workplace accident?
Depending on how your workers’ compensation policy is written, you may be entitled to treatment from your own doctor if your employer has private insurance. However, you may be required to see a company-approved doctor for your first 28 days of treatment if your employer does not provide private insurance. After 28 days, you can choose your own doctor, but you need to inform your employer, or your employer can no longer be required to cover your medical bills.
Is workers’ compensation available for all on-the-job injuries?
Injured workers receive workers’ compensation benefits regardless of whether an injury is the result of an employer’s or others’ negligence. Restrictions do apply, for example, when an employee is injured at a construction site because of alcohol or illegal drug use.
When an investigation shows that my employer violated OSHA regulations while I was injured at work, what does that mean for my case?
It depends on whether the violations led to your injury and where the case is heard. You can consult an attorney for a complete explanation of the amount of liability that your employer has in your case, and you can find out more about the process moving forward during a free consultation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.