The construction industry is one of the most dangerous occupations in Tennessee. Annually there are dozens of fatal accidents with hundreds of non-fatal injuries. With heavy machinery and other dangers on construction sites, it is common for injuries to be debilitating.
Even so, construction workers and anyone near a construction site should not be subjected to the negligent actions of another person or entity. If you suffer an injury on or around a construction site, you must discuss your options with a South Memphis construction accident attorney from Gatti, Keltner, Bienvenu & Montesi, PLC.
Liability for Construction Accidents
Construction sites are full of people entering and exiting at any given moment. Everyone has a duty to keep each other safe. When one person is negligent, it can impact others.
Sometimes one action can start a domino effect causing other issues and leading to an accident. You must have a construction accident attorney in South Memphis, TN, investigate the underlying cause of the incident to determine liability. Some liable parties include:
- Construction companies
- Property owners
- Product manufacturers
Co-workers and contracting companies can also share responsibility for causing your construction accident. If your employer is the neglected party, holding them accountable is complex since workers’ compensation issues arise. Whether your case falls under workers’ compensation or personal injury law will depend on who is liable.
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Workers’ Compensation vs Personal Injury Claims
Construction companies must carry workers’ compensation insurance. Some construction accident injuries fall under workers’ compensation, but others require a personal injury claim.
Some companies will try to avoid workers’ compensation by classifying workers as independent contractors. However, you can seek workers’ compensation if you work for one employer and they control your hours and wages. Employers are protected from additional legal action when they pay out a workers comp claim, and employees’ benefits include:
- Immediate medical care
- Receiving benefits without proving employer negligence
- Coverage for work injuries stemming from the hazardous condition and long-term exposure
- Benefit payments that commence within 15 days
When your injury is not covered under workers’ compensation, or the injury you sustain is the result of third-party negligence, then a personal injury claim is the better option. Personal injury claims can lead to economic, non-economic, and punitive damages. There are advantages to workers comp and personal injury cases, and you must work with construction accident lawyers that can determine the best route for you.
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Common South Memphis Construction Accidents
Since construction sites are dangerous, there are some common occurrences of construction accidents. Sometimes it is an employer taking liberties to work around safety procedures, and other times they blatantly disregard safety regulations. Some of the most common causes of construction accidents include:
- Falls from roof or stepladder
- Crushing incidents
- Slips and trips
- Collapsed scaffolding
Workers, supervisors, and management must take action to maintain a safe working environment. Employees must be trained, aware of all safety procedures, and provided with safety equipment to do their job. Supervisors and management should find and eliminate any hazards. If they cannot eliminate the danger, they should section off the area until it can be removed.
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Injuries After a South Memphis Construction Accident
Injuries will vary depending on how the accident occurred and other factors. Injuries are often life-altering, and treatment is extensive. Construction accidents lead to many expenses to make the injured victims whole again.
Since there are so many machines and potential for harm, accident injuries range and include:
- Cuts and bruises
- Spinal cord damage
- Brain damage
- Vision or hearing loss
- Bacterial infections
- Respiratory infections
You must get medical attention for your injuries so you can heal and as evidence that the injury resulted from a construction accident. A medical evaluation can also uncover hidden injuries. Treatment is extensive and expensive, and you will need substantial compensation for your losses.
Discuss your injuries and how they impact your recovery claim with a South Memphis construction accident attorney.
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Types of Compensation You Can Seek
Your construction accident lawyer in South Memphis, TN, can uncover all of the damages you are eligible to seek. Economic losses can include lost earnings, property damage, medical expenses, and loss of earning capacity. Non-economic damages can include disfigurement, loss of bodily function, loss of society, and more.
When the defendant is grossly negligent, you can also seek punitive damages meant to punish the wrongdoer for their actions. If a tragedy occurs and a loved one dies, the family can pursue wrongful death damages like:
- Burial and funeral costs
- Loss of guidance or support
- Loss of companionship
- Loss of benefits and contributions
Finding which avenues of compensation you are eligible for is complex, especially when you are fighting your employer. Many construction workers are apprehensive about taking legal action against their employers for fear of retaliation. When you suffer an injury, the negligent party must be accountable for their actions.
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Permanent Impairments and Disability
Unfortunately, some construction accidents result in permanent impairments or disabilities for the victims. These impairments will impact a person’s life forever and leave them unable to work. Insurance companies will give a permanent impairment rating for each body part. The rating will impact how long you can receive benefits.
Workers’ compensation can limit how long you get benefits, but you might have other options. A personal injury settlement can garner payment for long-term care and needs far beyond the benefit time limits. Your life is forever changed, and you should discuss your options with a South Memphis construction accident lawyer.
Gatti, Keltner, Bienvenu & Montesi, PLC Can Help
The construction industry moves us forward by providing new roads, buildings, and homes. Every person who enters a construction site should be safe from harm. When a person is negligent and causes harm to someone, they must answer for their actions.
Going to work should not result in a life-changing injury. If it happens to you, legal options are available. Gatti, Keltner, Bienvenu & Montesi, PLC will fight for our clients to get the compensation they need to recover from these traumatic incidents. Call us today to schedule a free consultation.