Construction workers have some of the more dangerous jobs. Working by busy roadways or handling heavy material on a strict schedule is a recipe for disaster. If you or a loved one has been injured in a construction accident, we urge you to seek help from a personal injury attorney.
Do not try to maneuver this system on your own. The attorneys at John Foy & Associates are familiar with Atlanta’s construction industry and the state and federal regulations designed to protect you. Our construction accident lawyers in Atlanta are on your side.
Liability After Construction Accidents in Atlanta
Establishing liability after a construction accident in Atlanta is essential. If you hope to be awarded compensation through a personal injury claim, your attorney will need to show that another party’s misconduct or negligence was responsible for causing your construction accident injuries. In many cases, construction site property owners, construction company supervisors, construction workers, contractors, and subcontractors may be held accountable after a construction accident. If any of these parties failed to uphold their duty of care or ensure the property was safe at all times, they can be held accountable for the victim’s damages.
However, many construction accidents are caused by defective machinery, heavy construction equipment, and other construction materials. When forklifts, scaffolds, bulldozers, excavators, concrete mixers, and other pieces of equipment malfunction, the product manufacturer, retailer, and other third parties could share liability for your injuries.
Only a thorough review of the cause of your construction accident will give your attorney a better idea of who could be responsible for causing your injuries. It is important to note that while you may need to prove liability to recover compensation through a construction accident personal injury claim, you do not need to prove liability if you seek worker’s compensation benefits.
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Workers’ Compensation vs Construction Accident Civil Lawsuits
Construction accident injuries can often involve multiple court filings – workers’ compensation, personal injury, even wrongful death cases – and multiple responsible parties. Even if you are self-employed, you have protection under the law.
A personal injury case is a claim that another person or company was responsible for your injury. These claims must be proven. You can file a workers’ compensation claim, a personal injury claim, and even a product liability claim simultaneously.
How to File for Workers’ Compensation in Atlanta
If you’ve been injured on a construction site, seek medical help right away. You need to know that you are safe before you take any steps to help your chances of getting compensation. After you know you’re medically stable, you should:
- Tell your supervisor that you have been injured – this is important for a workers’ compensation case
- Gather as much information as you can about the work site. Who is the contractor? Were the conditions unsafe? Was the work properly permitted?
- If you can, take photographs of the accident site and write down the names and numbers of any witnesses.
- Go to your employer-approved doctor and get a diagnosis for any of your injuries
- Save all bills and receipts that you get in relation to your accident
- Get in touch with a construction accident attorney as soon as possible
Typically, on a large construction project, multiple contractors and subcontractors work next to each other. Identifying those parties would be very helpful in getting the case started. When you get your free consultation, a lawyer will assess your case and tell you what you may be able to do about your accident.
How an Attorney Can Help You
Once you have a construction accident workers’ compensation attorney on your side, you can prepare your worker’s compensation claim to be filed with your employer’s worker’s compensation insurance provider. Some of the different types of benefits you may be entitled to as part of your construction accident worker’s compensation claim include:
- Coverage of your medical expenses
- Vocational rehabilitation benefits
- Disability benefits amounting to approximately 66% of your average weekly income
- Death benefits are awarded to surviving family members
The types and amounts of worker’s compensation benefits you can expect to collect will vary widely based on the specific details of your case. You can find out how much you could be entitled to and how to deal with the workers’ compensation appeals process when you contact our team to start working on your claim.
Personal Injury Claims for Construction Accidents in Atlanta
After a construction accident, you may have the opportunity to recover worker’s compensation benefits that could provide you with financial relief if you were on the job at the time of your injuries. However, if you do not qualify for worker’s compensation benefits, or if you were not working at the time of the accident, you may instead have the right to file a personal injury claim.
For your personal injury construction accident claim to be successful, liability will need to be proven. Your construction accident attorney at our firm will analyze the evidence to prove negligence in your case. You may have the opportunity to file a claim with the liable party’s insurance provider, or your own insurance company or pursue a civil lawsuit depending on the specific details of your case.
Fortunately, when you pursue a personal injury claim for a construction accident in Atlanta, you have the opportunity to be made whole. There is no limit to the damages you could recover in your claim.
You Can Discuss Your Preferred Approach to a Work Injury Case With Our Attorneys
Worker’s compensation benefits and personal injury claims are just a couple of ways you could recover compensation for your damages following a construction accident in Atlanta.
There are several other types of claims that may be possible depending on the circumstances of your case. These include:
- A product liability claim finds fault in a product, perhaps the tool or materials that you are working with. These damages seek the same types of damages as a personal injury claim.
- A wrongful death claim seeks damages for the survivors of a loved one who has been fatally injured in an accident.
These are just a couple of ways you may be able to get just as following your construction accident. When you are unsure what type of claim you need to file and how you can recover compensation for your injuries, an Atlanta construction accident lawyer can help. Your Atlanta construction accident attorney can sit down with you at your free initial consultation to explore your options.
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Construction Accident Lawsuits Help You Secure Financial Support for Your Recovery
The very assets that make a construction worker valuable on the job – robust health and physical strength – are jeopardized in an accident. An incapacitated breadwinner can catapult a middle-class family into poverty.
If your construction accident results in you filing a personal injury claim, you can recover compensation based on specific damages to your livelihood and well-being. Your attorney will be able to add up all your damages so that the insurance company does not try to short you on your payment. In construction accident cases, damages that victims can recover include:
- The cost of ongoing treatment like physical therapy
- Any wages you lose while you recover from your injury
- Pain and suffering
- Embarrassment and inconvenience
- Compensation for your health care expenses and future medical care
- Loss of consortium
- Emotional trauma
- Loss of household services, including childcare costs and household maintenance fees
- Disfiguring injuries and skin scarring
- Loss of future potential earnings
- Mental anguish
- Wrongful death damages
Having an experienced personal injury attorney by your side to tally up your damages will greatly help your chances of getting all the compensation you’re owed. Your construction accident attorney in Atlanta will be able to take into account damages you’ve already suffered and costs that you’re likely to pay in the future so that you have a comprehensive claim.
File Your Complaint Within Georgia’s Personal Injury Statute of Limitations
There are always time limits or statutes of limitations in a personal injury claim. Most of the time, your right to pursue a personal injury claim expires after two years, according to the Official Code of Georgia Annotated §9-3-33. However, there are instances when it expires much sooner.
In a Georgia workers’ compensation case, you are supposed to notify your supervisor that you have been injured within 30 days. If you do not, you may lose your benefits.
Call a construction accident attorney in Atlanta as soon as you can, and let us help you through this process. The longer you wait, the slimmer your chances are of getting the compensation you need.
Schedule Your Consultation with an Atlanta Construction Accident Attorney Now
The Atlanta construction accident attorneys at John Foy & Associates have been working for years to get injury victims the compensation they are entitled to. We can handle your case for you while you focus on rest and recovery.
Give our experts a call or contact us online to get your FREE consultation. We’ll help you sort through the details and decide your next best step. Any call will be confidential.