If you or a loved one has been involved in a construction accident resulting in injuries, you have a right to pursue legal action against those responsible. The Law Offices of Christopher Trainor & Associates can help you seek fair compensation. Call us for a free consultation today.
Construction sites present many hazards, making them inherently risky environments for workers. From working at great heights to navigating heavy machinery, construction workers face numerous dangers every day. The threat of falling objects, exposure to electrical hazards, and the presence of hazardous materials further compound the risks. Structural instability, adverse weather conditions, and inadequate training also contribute to the potential for accidents and injuries. Human error and lapses in safety protocols can also increase the dangers of construction sites.
Unfortunately, while the number of construction site accidents can vary from year to year, they are quite common. According to the Occupational Safety and Health Administration (OSHA), thousands of construction site accidents occur each year in the United States. These accidents can range from minor incidents to serious injuries and fatalities, highlighting the importance of maintaining safety standards on construction sites.
Construction workers face numerous hazards that can result in serious workplace injuries. Among the most common causes of construction site accidents are:
Electric shock: Construction workers are exposed to various electrical hazards, including power tools, generators, machinery, and wiring, putting them at risk of electrocution and electrical burns.
Falls from heights: Workers may fall from unsecured scaffolding or machinery and into holes and trenches on construction sites.
Failure to utilize proper safety equipment: Protective gear such as safety glasses and hard hats must be worn consistently to prevent injuries.
Trench collapse: Collapsed trenches can cut off workers' air supply and lead to burial or crushing.
Repetitive motion injuries: Daily repetitive tasks can damage muscle and tissue over time, leading to chronic pain and limited mobility.
Scaffolding collapse: Despite stringent safety regulations, scaffolding accidents can occur, causing severe injuries or fatalities due to falls.
While these are the most common causes of construction accidents, according to OSHA, workers may also sustain injuries due to errors by coworkers, defective equipment, tool malfunctions, ladder collapses, and other factors. If you have been injured in a construction accident, contact Christopher Trainor & Associates to learn more about your rights.
Common Construction Accident Injuries
With all the dangers of construction sites, it is no surprise that many workers are injured every day. Some of the most common injuries seen on Detroit construction sites include:
Eye injuries: Eye injuries can occur due to various reasons, such as flying debris, dust, chemicals, welding arcs, or tools striking the eye. This can lead to visual impairment or blindness.
Burns: Burns can occur from contact with hot surfaces, chemicals, fires, explosions, or electrical sources such as exposed wires or arc flashes.
Broken bones: Broken bones often result from falls, being struck by falling objects, machinery accidents, or collapses of structures or scaffolding.
Electrocution: Electrocution may happen if workers encounter live electrical wires or equipment, faulty wiring, or improperly grounded electrical systems.
Neck, shoulder, and back injuries: These injuries often happen due to lifting heavy objects, repetitive motions, poor ergonomics, slips, trips, and falls, or sudden impacts from falling objects.
Spinal cord injuries: Spinal cord injuries can occur due to falls from heights, being struck by falling objects, accidents involving heavy machinery or equipment, or being caught in collapsing structures or trench collapses. In some cases, this can lead to paralysis or wrongful death.
Illnesses related to toxic chemicals: Exposure to hazardous materials such as asbestos, lead, silica, or various solvents and paints used in construction can cause a number of serious illnesses. Workers may inhale or ingest these substances or absorb them through their skin, leading to a range of health issues including respiratory problems, neurological disorders, organ damage, and cancer.
Brain injuries: Brain injuries can occur due to falls from heights, being struck by falling objects, vehicle accidents, or accidents involving heavy machinery or equipment. These incidents can result in traumatic brain injuries (TBIs) due to the impact on the head, leading to concussions, contusions, or more severe brain damage.
Loss of limbs: Accidents involving heavy machinery, equipment malfunctions, falls from heights, being caught in machinery or between objects, or explosions can result in traumatic amputations, where a limb is severed or severely damaged, often requiring immediate medical attention and long-term rehabilitation.
Wrongful death: These incidents may result from safety violations, negligence, or inadequate safety measures, leading to fatal accidents that claim the lives of workers on construction sites.
Construction machinery and tools have the potential to inflict severe injuries, often resulting in lasting disabilities or fatalities for construction workers. Should you find yourself injured at a construction site, reach out to one of our Detroit construction accident attorneys for assistance.
Michigan State Safety Plan
The Michigan State Safety Plan, often referred to as MIOSHA (Michigan Occupational Safety and Health Administration), is a set of regulations and guidelines designed to ensure the safety and health of workers in the state. It outlines specific standards for workplace safety, covering areas such as hazard communication, personal protective equipment, machinery safety, and more. MIOSHA also conducts inspections and provides training to help employers and employees maintain safe working conditions. Some of the areas MIOSHA covers include:
Airborne contaminants
Boilers and pressure valves
Electrical hazards
Elevators, hoists, and powered platforms
First-aid
Hazard communications
Heavy machinery equipment
Personal protective equipment
Scaffolding
MIOSHA is similar to OSHA in that it aims to protect workers from injuries. However, unlike OSHA, it applies to both public and private sectors. A Detroit personal injury attorney can help answer any questions you may have about MIOSHA guidelines and how they apply to your case.
What to Do After a Detroit Construction Accident
Following a construction site accident, the immediate physical and emotional toll can be overwhelming. While prioritizing medical attention and recovery, taking additional steps is crucial to ensure you receive the compensation you're entitled to. Here's a checklist to navigate the initial aftermath:
Seek immediate medical attention to diagnose and treat injuries, creating a record linking them to the accident.
Keep all medical records and documentation essential for any potential personal injury lawsuit.
Report the accident to your employer promptly, retaining copies of all related communications or reports.
File a workers' compensation claim with your employer's insurance company.
Consult with an attorney to understand your legal options and pursue rightful compensation.
Following these steps will help protect your rights and increase the compensation you can receive for your injuries.
Limits to Worker's Compensation
Worker's compensation is a type of insurance that provides financial benefits to workers injured on the job. However, in the context of a construction site accident, workers' compensation may be insufficient for several reasons:
Limited Coverage: Workers' compensation typically covers medical expenses and a portion of lost wages but may not fully compensate for all losses, such as pain and suffering or future lost earning potential.
No Compensation for Negligence: Workers' compensation is a no-fault system, meaning injured workers cannot typically sue their employers for negligence. If the accident was caused by a third party's negligence (such as a subcontractor or equipment manufacturer), workers' compensation benefits may not fully address all damages.
Exclusions for Intentional Acts: Workers' compensation may not cover injuries resulting from intentional acts by the employer or coworkers. If the accident was the result of intentional misconduct, workers' compensation benefits may not provide adequate relief.
Limited Duration: Workers' compensation benefits are typically temporary and may not cover long-term disabilities or ongoing medical treatment required after a construction site accident.
Potential Denials: Workers' compensation claims may be denied for various reasons, including disputes over the cause of the injury or pre-existing conditions. In such cases, injured workers may need to appeal the denial, leading to delays in receiving benefits.
While workers' compensation provides important protections for injured workers, it may not fully address all the financial and legal challenges associated with construction site accidents, particularly in cases involving severe injuries or third-party liability. For these reasons, it is advised to seek legal representation from a Christopher Trainor & Associates worker's compensation lawyer.
Liability for Detroit Construction Accident Injuries
Several parties may be held liable for a construction accident in Detroit, depending on the circumstances surrounding the incident. These parties may include:
Property Owners: Property owners may be liable if they fail to maintain a safe environment or address known hazards on their property.
General Contractors: General contractors overseeing the construction project have a duty to ensure a safe workplace, including implementing safety protocols and providing proper training to workers.
Subcontractors: Subcontractors hired to perform specific tasks on the construction site may be held responsible for accidents resulting from their negligence or failure to adhere to safety standards.
Architects and Engineers: Design professionals may be liable if design defects or errors contributed to the accident.
Manufacturers and Suppliers: Companies that manufacture or supply construction equipment, machinery, or materials may be liable for defects or failures that caused or contributed to the accident.
Government Entities: In some cases, government agencies responsible for inspecting and regulating construction sites may be held liable if their negligence contributed to the accident.
Determining liability in a construction accident case can be complex and may require a thorough investigation to identify all responsible parties. Consulting with an experienced construction accident attorney in Detroit can help injured parties understand their legal options and pursue compensation for their injuries.
How to Prove Negligence
In order to receive compensation for a personal injury, you will need to prove that the defendant acted negligently. Proving negligence in construction accident claims typically involves demonstrating that the defendant (often the employer or another party responsible for safety on the construction site) breached a duty of care owed to the injured party, directly resulting in the accident and subsequent injuries. This may include showing that the defendant failed to follow safety regulations, provide adequate training, maintain equipment properly, or address known hazards on the construction site.
Evidence for Negligence
Gathering evidence promptly after a construction accident is crucial for proving negligence. Here are key pieces of evidence to collect before pursuing a claim:
Photos and videos: Visual documentation of the accident scene, equipment involved, and injuries sustained can provide critical insights into negligence.
Documentation: Contracts, inspection reports, blueprints, and safety plans can reveal whether proper safety measures were implemented. Medical records detailing injuries are essential for establishing causation.
Witness statements: Testimony from witnesses can shed light on the circumstances surrounding the accident and adherence to safety protocols.
Expert reports: Analysis from safety experts, engineers, and medical professionals can offer expert opinions on negligence and the factors contributing to the accident.
Compensation for Construction Accident Cases
After a Detroit construction accident, you may be struggling with the immense financial burden brought on by your injuries. After any kind of accident resulting in personal injury, you may be entitled to compensation to ease your burden and help you on your road to recovery. Damages generally come in two forms: economic and non-economic.
Economic Damages:
Examples of economic damages include:
Medical expenses: Costs associated with hospitalization, surgeries, doctor's visits, prescription medications, rehabilitation, physical therapy, and medical equipment.
Lost wages: Compensation for income lost due to missed work days, including wages, salaries, bonuses, and other forms of income.
Property damage: Expenses related to repairing or replacing damaged property, such as vehicles, clothing, electronics, and other personal belongings.
Loss of earning capacity: Compensation for the reduction in future earning potential due to disability or impairment caused by the injury.
Funeral and burial expenses: Costs associated with arranging and conducting a funeral or burial service in wrongful death cases.
Home modifications: Expenses for making necessary modifications to a home to accommodate a disability resulting from the injury, such as installing ramps, handrails, or wheelchair-accessible features.
These economic damages are quantifiable and can be calculated based on actual expenses incurred or projected future losses.
Non-Economic Damages:
Unlike economic damages, non-economic damages do not have a direct dollar amount attached to them. A Detroit construction accident lawyer from Christopher Trainor & Associates may be necessary to prove these damages, which include:
Pain and suffering: Compensation for the physical and emotional distress caused by the injury, including discomfort, anguish, stress, and mental anguish.
Emotional distress: Damages awarded for the psychological impact of the injury, such as anxiety, depression, fear, and trauma.
Loss of enjoyment of life: Compensation for the diminished ability to participate in activities and hobbies that were enjoyed before the injury.
Loss of consortium: Damages awarded to compensate a spouse or family member for the loss of companionship, affection, and support resulting from the injury.
Disability or disfigurement: Compensation for permanent physical impairments or visible scars resulting from the injury, which can impact self-esteem and quality of life.
How much compensation will I receive?
Several key factors influence the value of construction accident injury settlements in Detroit, including:
Severity of injuries: More severe injuries, such as permanent disability or traumatic brain injury, typically result in higher settlements. Providing thorough medical evidence is crucial to support your claim.
Liability and negligence: Any contributory negligence on the part of the victim may impact their compensation. Skilled injury lawyers work to assign responsibility to all negligent parties involved.
Medical expenses: Both past medical costs and anticipated future expenses, including lifelong treatment and equipment needs, are factored into settlement demands.
Loss of earning capacity: Settlements must account for lost income during recovery and any potential reduction in future earnings due to disabilities affecting employability.
Legal representation: Hiring a construction accident attorney is essential to navigate the complexities of the legal process and negotiate with the defendant's insurers effectively.
Ultimately, the total settlement amount is determined by adding up both tangible costs and more intangible damages resulting from the preventable accident. While we cannot give you an exact dollar amount that you will receive, you can take a look at some of our past verdicts to see what we have been able to do for others in situations similar to yours.
Statute of Limitations
In Michigan, the statute of limitations for filing a personal injury claim is generally three years from the date of the injury. This means that you have three years from the date of the accident to file a claim, or your case will likely be denied. However, there may be exceptions depending on the specific circumstances of the case. Since the process is often long and may involve unforeseen complications, it is recommended to contact Christopher Trainor & Associates as soon as possible so that you can receive the justice you deserve within a reasonable timeframe.
What if I am injured on a site but I am not a construction worker?
If you're injured at a Detroit construction site and you're not a worker, obviously you will be unable to file a claim for worker's comp. However, you still have options for seeking compensation through a personal injury claim. Here are the steps you should take.
Seek Medical Attention: Your health and safety should be your top priority. Get medical help immediately for your injuries.
Document the Scene: Take photos or videos of the accident scene, including any hazards or dangerous conditions that contributed to your injury.
Report the Incident: Notify the property owner, contractor, or construction company about the accident. Make sure an incident report is filed.
Gather Information: Obtain contact information from any witnesses to the accident. Their statements may be valuable later on.
Consult an Attorney: Consider consulting with a personal injury attorney who has experience handling construction site accidents. They can assess your case and advise you on your legal options.
Pursue Compensation: Depending on the circumstances of the accident, you may be able to file a personal injury claim against the responsible party/parties to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages.
Be Aware of Time Limits: In Michigan, there is a statute of limitations of three years for filing personal injury claims, so it's important to take action promptly.
Remember, every case is unique, so it's essential to consult with a personal injury attorney at Christopher Trainor & Associates to understand your rights and options based on the specifics of your situation.
How a Detroit Construction Accident Lawyer Can Help
If you've been injured as a construction worker, you may not know if you need an attorney to help you with your claim. But if you find yourself in a position where your worker's compensation claim is wrongfully denied, or if you are still struggling to pay the bills due to devastating injuries, you may find that having an attorney present eases the burden. Here are a few of the ways Christopher Trainor & Associates can help:
Legal Guidance: An attorney can provide legal advice and guidance throughout the claims process, ensuring that your rights are protected and that you understand your legal options.
Investigation: Attorneys have the resources and expertise to conduct thorough investigations into the accident, gathering evidence such as witness statements, medical records, and expert testimony to support your claim.
Negotiation: Attorneys can negotiate with insurance companies and other parties on your behalf to seek fair compensation for your injuries and losses.
Litigation: If a fair settlement cannot be reached, an attorney can represent you in court and advocate for your interests during trial proceedings.
Maximizing Compensation: Attorneys work to maximize the compensation you receive for your injuries, including economic and non-economic damages such as medical expenses, lost wages, pain and suffering, and loss of consortium.
An experienced attorney can help navigate the complexities of a construction accident claim and work towards securing the best possible outcome for you.
Contact an Experienced Detroit Construction Accident Lawyer Today!
If you or someone you care about has suffered an injury at a construction site, dealing with a compensation claim can be overwhelming. Our Detroit construction accident lawyer is here to relieve that burden, allowing you to concentrate on recovery.
At Christopher Trainor & Associates, your initial consultation is free of charge. We're available to assess your situation and clarify your rights in Detroit, Michigan. Reach out to us today at 248-886-8650 for a no-cost case evaluation.
