Facing injuries and the loss of work after being wounded on the worksite can be daunting, especially when someone else is to blame. When you or someone in your family has been hurt this way, you need the help of a Germantown personal injury lawyer from Gatti, Keltner, Bienvenu & Montesi PLC. We listen to your story and help you get the compensation you deserve.
Common Causes of Construction Site Accidents
Construction sites are full of ways to get hurt. Heavy equipment, loud sounds, fumes, and hazardous materials pose risks to a worker’s health. All companies have rules to protect their employees, but not everyone follows those rules carefully. It takes one person making a mistake or ignoring the safety guidelines for you to suffer injury.
Frequent causes of accidents on construction job sites include:
- Heat exhaustion
- Trapped between objects
- Caught in machinery
- Poorly maintained equipment
- Forklift accidents
- Missing or broken safety gear
- Smoke inhalation
- Structural collapse
- Trench collapse
- Falling objects
- Hazardous or toxic chemicals
Even if the employees of a construction company have a good safety record, many other people work at job sites. These include contractors, vendors, and guests who may be unfamiliar with the hazards and protocols needed to protect everyone. Because many factors can cause an accident, it could mean there are multiple parties to blame for your injury.
A skilled construction accident lawyer in Germantown can help you understand all your options for seeking compensation.
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What to Do After a Construction Site Accident
When an accident happens at a construction site, it often requires immediate medical attention. In addition to seeking help for your injuries, it is essential that you report your accident to your supervisor as soon as you are able. Ideally, you should do this in writing to ensure an accurate record of the event.
Follow these steps to protect yourself and prepare for a claim:
- Report the accident in writing right away.
- Obtain a Germantown construction accident lawyer immediately.
- Do not speak to insurance adjusters without your lawyer.
- Only talk with your attorney about the accident.
- Do not post anything about the accident on social media platforms.
- Do not let your family post on social media platforms.
- Gather all relevant doctor bills and reports in a single folder.
- Begin tracking your recovery in a pain journal.
- Make copies of everything in the folder and send these to your lawyer.
- Ask your attorney about any issues or concerns.
It is critical that you follow all your doctor’s orders and keep all your appointments. Workers’ compensation will cover your accident, but you must stick to the rules and requirements to ensure full benefits.
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Workers’ Compensation and Construction Accidents
Workers’ compensation is usually activated if you are hurt at work. This insurance covers your treatment and lost wages while you recover, but most insurance companies are reluctant to pay claims. You must provide as much proof as possible that your injuries are directly caused by your accident.
If you cannot prove that your injuries are from the event at work, the insurance company will often refuse your claim. In Tennessee, all construction businesses are required to carry worker’s compensation insurance. This protects both workers and companies in the event of construction accidents.
Companies are protected from most lawsuits, and workers receive coverage for their medical needs. Workers’ comp also pays an employee’s wages while they recover, including temporary or permanent disability payments. Although it is helpful to have access to worker’s comp insurance, insurance adjusters will try to reduce or deny your claim if you do not follow their rules.
You will need to file paperwork and complete many steps to receive your benefits. Trying to do this while recovering from your injuries can be overwhelming. This is where your Germantown construction accident attorney can assist you.
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Construction Accidents and Filing a Third-Party Lawsuit
Sometimes your accident is caused by someone who does not work for your company. A vendor may leave trash lying around, or the company could have bought defectively manufactured products. Even if workers’ compensation insurance covers your treatment, pursuing a third-party lawsuit against those who caused your accident can be very beneficial.
In these cases, you would file a personal injury claim to recover additional damages for your pain and suffering. You could win restitution to supplement your worker’s comp benefits. A settlement or jury award would allow you and your family to face any burdens that result from your accident.
Product Liability Claims
When a faulty or poorly made product is responsible for your accident, you can file a special kind of personal injury lawsuit called a product liability claim. To do so, you need to demonstrate proof the products were defectively made or marketed. This means the manufacturer was aware the product had issues that could cause harm and did not correct those issues.
You also must show that the product defect is directly responsible for your injuries.
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Compensation You Could Win from a Third-Party Lawsuit
When you file a third-party lawsuit in Tennesee, you will sue for two types of damages: economic and non-economic. If you should die due to your injuries, your family will be able to pursue a wrongful death lawsuit on your behalf and claim damages. This can be especially helpful if you were the primary breadwinner in your home.
Your family can have the financial security to move forward. Some examples of economic losses are:
- Hospital costs, such as ICE, ER, or surgery
- Doctor visits
- Travel expenses for treatment
- Emergency transport (ambulance or helicopter)
- Prescription medications
- Prosthetic devices
- Out-of-pocket expenses
- Lost wages (to cover the reduced worker’s comp salary)
- Loss of earning potential
Non-economic damages include:
- Physical pain and suffering
- Emotional pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Loss of society
- Loss of companionship
- Mental anguish
You can sue for the full amount of economic damages so it is important to keep an accurate record of these costs. Starting and maintaining a pain journal will assist your lawyer in estimating non-economic damages. Tennessee does limit the amount of non-economic losses you can pursue.
In most cases, it is capped at $750,000, but in the event of catastrophic injury or death, the limit is raised to $1 million.
Modified Comparative Fault
Tennessee is one of many states using a modified comparative fault system for damages. If the opposing lawyer can demonstrate you are 50% or more responsible, you receive no damages at all.
In product liability cases, you must show you used the product properly and followed all safety recommendations. Otherwise, the defendant could prove you are partially at fault.
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You Need an Experienced Construction Accident Attorney in Germantown, TN
When you or a loved one is injured on a construction job, you need guidance for filing workers’ compensation claims to receive your benefits. If someone else is responsible for your injuries, you can file a personal injury lawsuit to seek justice for the harm they caused you. The Germantown, Tennessee construction accident lawyers of Gatti, Keltner, Bienvenu & Montesi PLC are here for you and will work hard to win the reimbursement you deserve.
Contact us today to schedule your free consultation.