Has an injury from a construction accident caused you financial hardship? We can help. The Law Offices of Christopher Trainor & Associates recover compensation for injured workers. Call for a free consultation.
Construction accidents in Grand Rapids are an unfortunate reality. Are you a dedicated construction worker who suffered a workplace injury that has altered your life? If so, you may be facing serious financial strain. Your checking and savings accounts are getting smaller, your medical debts are adding up, and you've missed work days. You're under pressure to keep your household afloat.
With the support of a Grand Rapids construction accident lawyer, you can reclaim your life. Contact us via email or at (248) 886-8650 to schedule a free consultation.
We Help Injured Grand Rapids Construction Workers
The Law Offices of Christopher Trainor & Associates has established a strong reputation among Grand Rapids residents. We understand the feeling of helplessness accident victims often experience. We've helped injured construction workers like you get their lives back on track after an accident. Now, we want to do the same for you.
We know how to take on "big bad" insurers, companies, and any other entity that won't give you the compensation you deserve. Our Michigan construction accident lawyers will buckle down, roll up their sleeves, and go head-to-head with those who harmed you.
We are fierce advocates who take pride in helping construction crew members receive full and fair compensation. Our legal team's work ethic, education, and abilities have helped our clients obtain payouts and judgments totaling more than $250 million.
To get started on your path to recovery with us, follow these three easy steps:
Arrange a complimentary consultation.
Share your experience with us.
We'll go over your legal alternatives and rights.
Your way of life matters. The corporate "big boys" shouldn't be able to take advantage of you. Are you ready to take the next step? Contact us now to discuss your claim.
Various Types of Construction Site Accidents
Grand Rapids has witnessed an increase in mixed-use developments, where residential, commercial, and retail spaces are integrated into single properties, reflecting a trend towards urban revitalization and creating vibrant community hubs. The increase in expansion also raises the possibility that construction personnel will suffer from a variety of injuries, even fatalities, in some situations. The most incidents include the following:
Falls - Falls from roofs, ladders, and scaffolding or through temporary floors are among the primary causes of injuries on construction sites.
Struck-By Incidents - This includes being hit by falling, flying, swinging, or rolling objects. Heavy machinery and unsecured tools or materials are common culprits.
Electrocutions - Workers can suffer electrocution from direct contact with live wires or when operating power tools and machinery that inadvertently connect with electrical sources.
Caught-in/Between - This refers to incidents where workers are caught in or compressed by equipment or objects and struck, caught, or crushed in collapsing structures, equipment, or material.
Exposure to Hazardous Materials - Harmful substances like asbestos, lead, and chemical solvents can cause serious health issues.
Explosions and Fires - Flammable materials, leaky pipes, and faulty electrical equipment can lead to explosions and fires on construction sites.
Machinery Accidents - These can include accidents involving construction equipment like cranes, bulldozers, and forklifts, especially if they are improperly used or maintained.
Overexertion and Heat Stress - Physical labor in hot conditions can lead to heatstroke, heat exhaustion, other heat-related illnesses, and injuries from overexertion.
Trips, Falls, and Slips - Workers may experience trips, falls, and slips due to uneven surfaces, damp flooring, and disarrayed construction materials on the same plane.
Trench Collapses - These occur when an excavation or trench caves in due to improper or inadequate shoring. This can bury or crush workers.
New residences, buildings, and companies involve extensive construction activity. Sadly, this growth increases the likelihood of workers experiencing the accidents mentioned above. If you've been injured on the job, consider working with an attorney who can help you seek compensation for medical expenses related to the accident.
Reasons Why Injuries Happen on Construction Sites
In 2022, there were nearly 3,500 construction-related workplace injuries and 100 illnesses in Michigan, according to the Occupational Injuries and Illnesses Michigan Survey. The Michigan Occupational Safety and Health Administration (MIOSHA) handles industry regulations and enforcement of safety standards. Accidents still occur despite efforts to safeguard worker safety on every construction project. Here are the reasons why site workers get hurt:
Inadequate Instruction - Insufficient training on equipment usage, safety protocols, and hazard recognition can lead to accidents.
Poor Site Management - Inadequate safety measures, poor planning, and disorganized work areas contribute to hazardous conditions.
Failure to Use Personal Protective Equipment (PPE) - Not wearing the required safety gear, such as helmets, gloves, and eye protection, increases the risk of injury.
Ignoring Safety Protocols - Skipping safety procedures for speed can lead to dangerous situations.
Communication Failures - Miscommunications or lack of communication about hazards, plan changes, or safety measures can result in misunderstandings and accidents.
Fatigue - Long hours and physically demanding tasks can lead to fatigue, reducing alertness and impairing judgment.
Mechanical Failures - Equipment malfunctions due to poor maintenance or defective parts can cause serious accidents.
Unsafe Working Conditions - Working at heights without proper fall protection, inadequate securing of trenches, and exposed electrical wires are examples of unsafe conditions.
Environmental Conditions - Weather conditions like rain, snow, and extreme temperatures can affect safety, especially on slippery or unstable surfaces.
Human Error - Mistakes due to inattention, misjudgment, or failure to adhere to established practices are common causes of incidents.
Rushing and Cutting Corners - Trying to meet tight deadlines may lead workers to bypass safety measures, increasing the risk of incidents.
Lack of Regular Safety Inspections - Failing to conduct regular inspections to ensure that safety standards are upheld can lead to unsafe environments.
The industry has put in place several preventative measures, including machine guards, safety training, and personal protective equipment (PPE), to keep workers safe. Still, a construction site accident can happen even under the best circumstances. Seek legal counsel from an experienced construction accident lawyer if another party's negligence caused your injury.
How an Injured Person Can File a Workers' Compensation Claim
An insurance plan known as workers' compensation is available to workers who are ill or injured at work. Section 418.301 of the Workers' Disability Compensation Act was enacted in Michigan in 1912. Most employers are required by law to offer this coverage. Here’s a general guide for injured construction workers on how to file a claim:
Report the Injury: Immediately report the injury to your supervisor. Michigan law requires that this notification be made within 90 days of the accident. However, it's best to do this as soon as possible to avoid delays in your claim. Submit an Employer's Basic Report Injury (WC-100) form.
Seek Medical Attention: Obtain medical care for your injury. You can initially see any doctor for the first 28 days of treatment. After that, your workplace or their insurance may require you to see a healthcare provider they choose.
Employer Notification: Your employer should report the accident to their workers' compensation insurance carrier once you report your injury. This should be done promptly, as insurance companies also have reporting deadlines.
Claim Filing by the Employer: Your employer’s workers' compensation insurer typically files the claim with the Michigan Workers’ Compensation Agency. You should receive a copy of this filing. If your employer declines to submit a claim, submit a WC-117.
Insurance Company's Decision: The insurance company will assess your claim and decide whether to approve or deny it. They should provide you with a written statement of their decision.
Receive Benefits: If your claim is approved, you will receive benefits, including medical bills, lost wages compensation, and possibly rehabilitation costs.
If Your Claim is Denied: You can contest the decision if your claim is denied or you believe the benefits are incorrect. You may need to fill out an "Application for Mediation or Hearing" form with the Michigan Workers' Compensation Agency. It's often beneficial to consult a workers' compensation attorney to navigate this process and represent your interests.
Ongoing Case Management: Depending on the severity of your injuries and the complexity of your case, there may be additional filings, medical examinations, and negotiations.
Injured workers should consult a lawyer specializing in workers' compensation law for legal advice. They can provide detailed assistance tailored to the specifics of your case.
What You Need to Know About Filing a Personal Injury Claim
Injured construction workers in Michigan who are considering filing a personal injury claim (as opposed to or in addition to a workers' compensation claim) should be aware of several important aspects:
Difference Between Personal Injury and Workers' Compensation Claims
Workers' Compensation is designed to provide benefits like medical care and wage replacement, regardless of fault, for injuries sustained on the job.
Grands Rapids personal injury claims involve filing a lawsuit against a third party whose negligence may have caused your injury. This could be a subcontractor, equipment manufacturer, or another party not covered under your employer's workers' compensation insurance.
Establishing Negligence
To succeed in a personal injury claim, you must prove that another party was negligent and that their negligence directly caused your injury. This involves showing that they had a duty to ensure safety, breached that duty, and caused your injury.
Statute of Limitations
You have up to three years from the accident date to file a personal injury lawsuit. If you miss this deadline, you likely will be barred from pursuing your claim in court.
Comparative Fault Rules
Michigan follows a "modified comparative fault" rule. If you are found to be partially at fault for your injuries, your award can be reduced by your percentage of fault—as long as you are not more at fault than the other party. You cannot recover compensation through a lawsuit if you are 50% or more at fault.
Here's a hypothetical example illustrating how Michigan's comparative fault system could apply to a construction scaffolding accident:
Scenario:
John, a construction worker, was working on a scaffolding at a building site in downtown Grand Rapids. While working, he stepped on an unsecured plank and fell, sustaining serious injuries. An investigation revealed the scaffolding was assembled by a subcontractor who failed to secure several planks properly.
Injury and Claims:
John filed a personal injury lawsuit against the subcontractor, claiming their negligence caused his injuries.
Court Findings:
Subcontractor’s Negligence: The court found the subcontractor was 80% at fault for the accident because they did not follow the standard safety protocols for assembling scaffolding.
John’s Negligence: However, the court also found that John was 20% at fault because he failed to check the security of the scaffolding before stepping on it, violating the safety training he had received.
The Outcome under Comparative Fault:
Since John was found to be less than 50% responsible for the accident, he can still recover damages. However, his compensation would be reduced by his percentage of fault. If the total damages awarded were $100,000, John would receive $80,000 (i.e., $100,000 less 20% attributable to his fault).
This example shows how Michigan's comparative fault rule might apply to reduce the compensation for a plaintiff partially at fault for their injuries.
Damages Available
In a personal injury lawsuit, you may seek damages often broader than those available under workers' compensation. These can include full compensation for the following:
Medical Expenses: Coverage for previous and upcoming medical costs related to your accident, including hospitalization, operations, prescription medications, and rehab services.
Lost pay: Compensation for any income you may have missed out on in the future if your physical impairment keeps you from going back to work, as well as lost pay while you could not work due to your injury.
Pain and Suffering: Compensation for the discomfort, pain, and mental anguish you have had as a result of your injuries. This compensation covers your present and future hardships.
Emotional Distress: Pay for treatment of psychological effects resulting from your injuries, such as PTSD, suffering mental trauma, anxiety, and depression.
Impaired Ability to Enjoy Life: This category includes damages for any adverse effects on your standard of living, such as the inability to participate in past interests and activities because of your injury.
Punitive damages are rarely available to injured parties. This remedy is for circumstances involving severe wrongdoing or negligence. Courts usually only award these damages in cases involving wrongful death.
No-Fault Insurance Consideration
Michigan’s no-fault auto insurance laws might complicate matters for motor vehicle-related accidents on the job. Under these laws, you must seek certain benefits from your auto insurance carrier, regardless of who was at fault.
Looking to pursue a personal injury claim? It's worth discussing your situation with an attorney. They can help gather evidence, negotiate with defendants and insurers, and represent you in court if necessary.
An Overview of Filing a Wrongful Death Claim
According to the Bureau of Labor Statistics, construction consistently ranks among the industries with the highest number of fatal work injuries. In the latest report from 2021, there were approximately 1,008 fatal injuries in the construction industry nationwide. This represents about 20% of all work-related fatalities in private industries.
Michigan Law (Mich. Comp. Laws Section 600.2922) states a person dies wrongfully when they are the victim of the carelessness, recklessness, or deliberate misbehavior of another party. Here's who is eligible to bring a wrongful death lawsuit in Michigan:
Personal Representative
The personal representative of the departed individual's estate must file the lawsuit. The court appoints this individual and manages the estate's legal matters, including initiating wrongful death litigation. While the personal representative files the lawsuit, the actual beneficiaries of any award from the lawsuit include:
The deceased’s spouse.
Children and descendants.
Brothers and sisters.
Children of the deceased's spouse who are not descendants of the deceased (i.e., stepchildren).
Anyone else who is named in the will or who would inherit under Michigan's intestate succession laws if there was no will.
The plaintiff, or the one bringing the lawsuit, must prove that the death resulted from another party's wrongdoing or negligence. It must also be demonstrated that the deceased person's remaining family sustained losses due to the loss.
Available Damages in Claims for Wrongful Death
These claims include two types of compensation: economic damages and non-economic damages. Examples include the following:
Funeral Arrangements and Expenses: Payment towards the price of the funeral, interment, or crematory services for the departed person.
Loss of Monetary Support: Payment helps replace the departed person's future earnings that they would have given to the remaining family, as well as benefits and income.
Loss of Consortium: Compensation for the support, guidance, and companionship that the departed would have given to their spouse, kids, or other relatives.
Pain and distress: Money to cover the deceased's emotional and physical distress, in addition to the psychological suffering endured by bereaved relatives.
Have you lost a family member in a tragic accident at work? Consider obtaining legal advice from a sympathetic, knowledgeable Grand Rapids construction accident lawyer. They can help you on your path to resolution and justice.
Potential Liable Parties in Construction Accidents
Various parties can be held liable in construction accident cases. The proper identification of these parties is needed to determine who compensates the injured worker or their family. Here's a list of the legally responsible entities:
General Contractors and Subcontractors: These parties must ensure a safe work environment. They are responsible for enforcing safety protocols, training workers adequately, providing necessary safety equipment, and ensuring all machinery and tools are in good working order. They can be held liable if their failure to meet these responsibilities leads to an accident.
Property Owners: In some cases, the property owner where construction occurs may be liable. This depends on the level of control they have over the work being done. They could be held responsible if they are actively involved in the construction process or if the hazard was pre-existing and they failed to warn the contractors.
Architects and Engineers: These professionals can be held liable if a construction accident is due to a design defect or failure to adhere to safety standards and regulations in the design. Their responsibility typically involves ensuring the plans are safe and meet all regulatory standards.
Equipment Manufacturers: If a construction accident is caused by defective or malfunctioning equipment, the manufacturer of that equipment can be held liable under product liability laws. This includes any party involved in the production or distribution chain.
Construction Managers: Construction managers coordinate the work and are directly involved in the management of safety on the site. They can be held liable if their negligence in managing safety measures and protocols contributes to an accident.
Negligent Third-Party Vendors and Suppliers: Suppliers and vendors who provide materials and other services on the construction site can also be liable if their products are defective or if they fail to provide adequate instructions and warnings regarding the proper use of their products.
Co-workers: In rare cases, if a co-worker's intentional actions or gross negligence leads to an accident, they could also be held personally liable. However, workers' compensation covers most worker-related injuries, which generally precludes suing a co-worker.
It's beneficial for those injured in construction accidents to consult a Grand Rapids construction accident lawyer. They can handle litigation or workers' compensation. Also, they have the resources to hold the responsible entities accountable for your injuries.
Need Help? Let Us Handle Your Construction Accident Case
Construction accidents are an unfortunate part of life. The dangers lurk everywhere, from road construction crews to scaffolding collapses. If you or a family member has experienced this tragic event, allow the Grand Rapids construction accident lawyer at Christopher Trainor & Associates Law Offices to assist you.
We've served hard-working residents like you for decades. We know how an injury can derail your life. You're left to juggle medical bills, missed work, and mental trauma. Our law firm has experience battling for (and winning) compensation for injury victims.
Contact our law office via email or (248) 886-8650 to arrange a free consultation.
