Construction accidents are among the most dangerous and deadly types of accidents in Augusta. Nationwide, construction accidents account for more than 20 percent of workplace deaths. But workers aren’t the only ones affected by workplace accidents. Pedestrians, neighbors and people who take shortcuts through construction sites are all vulnerable. If you or a loved one has been injured or killed in a construction accident, an Augusta construction accident lawyer can help you recover money to pay for your injuries.
John Foy & Associates has a longstanding reputation as a top-notch construction injury law firm. In fact, we are known as “The Strong Arm” because we don’t bend to insurance company pressure. We work hard to get you ALL the money you deserve, and nothing less. Let us give you a free consultation. Call us at 404-400-4000 and get your free consultation today.
Why are construction accidents so dangerous?
Construction sites are full of hazards: heavy equipment, live power lines, open trenches and high places with no protective railings. Ladders, scaffolding, power tools, uneven ground and unsecured objects can literally make a construction site an “accident waiting to happen.”
The hazards are so severe that the Occupational Safety and Health Administration (OSHA) has issued guidelines for preventing the “fatal four” safety hazards most likely to result in fatalities:
- Falls from scaffolding or other hight places
- “Struck by,”or accidents in which someone is struck by a moving object, vehicle or falling debris
- Caught-In/between,or accidents in which someone is caught between equipment or trapped by a collapsing excavation or structure
OSHA urges all workers and supervisors to be vigilant and protect work sites from these common hazards. But still, accidents can and often do occur.
I am a construction worker. Who is liable for my accident?
It depends on how your accident happened. Your first course of action is usually to file a workers compensation claim with your employer. A workers compensation claim works differently than a lawsuit. It is a claim against your employer’s workers compensation insurance policy, and to get paid you don’t have to blame your employer for what happened. All you need to show is the extent of your injuries, and that they happened at work.
Your workers comp claim should pay for your medical bills and provide a paycheck until you are able to go back to work. Additional money is available if your accident left you with a disability that prevents you from returning to your construction job.
Another party may also be liable for your injuries, based on the concept of negligence. The property owner and every company involved in the construction project has a responsibility to keep things safe for the people who work there. If someone created an unsafe environment that led to your accident, you may be able to make a third-party claim and recover additional money. For example, if you were injured by malfunctioning equipment, you might have a claim against the company that owns and maintains that equipment.
Who is liable for my accident if I was injured while passing by the construction site?
Unfortunately, construction accidents in Augusta-Richmond County can also injure members of the general public who are unfortunate enough to be in the wrong place at the wrong time. Explosions, fires, heavy equipment, falling debris, live power lines and unmarked trenches are just some of the hazards that can seriously injure or even kill members of the public. If you are injured, you do have a right to recover money.
Liability will depend on who was “negligent” – in other words, which person or company failed to live up to their duty to create a safe environment for people in the vicinity of the construction site. This might mean safety protocols weren’t followed, equipment or power lines weren’t secured, or hazards weren’t marked or fenced off – it just depends on the situation. The person or company that was negligent must pay for ALL of your costs?
What can I recover money for in a construction lawsuit?
The workers compensation system replaces lawsuits when it comes to recovering money from your employer. However, is someone other than your employer is liable, you may be able to recover money for:
- Your healthcare costs such as doctor and hospital bills and physical therapy sessions
- Occupational therapy to help you return to work
- Lost wages – the pay you lost if the accident caused you to miss work
- Emotional trauma, if you were also physically injured.
- Funeral costs, if your loved one died as a result of the accident
In many cases, there are other types of damages available that can far exceed the total of your medical bills and lost wages. These damages are usually reserved for more serious injuries, but they include:
- Damages for physical pain
- Damages for emotional suffering, including coping with all the ways the accident has changed your life
- Damages for wrongful death may be awarded to close family members who lost a loved one
There are many different parties potentially involved in a construction accident claim, including contractors, subcontractors, property owners, engineers, and the people who make and service the equipment used at the site. It is next to impossible to investigate a claim and hold the responsible parties accountable on your own. That is why we recommend that you ALWAYS talk to a lawyer as soon as possible after your accident.
How long do I have to bring a construction accident claim?
The clock started ticking on the day of your accident. Usually, the most you have is two years, but there are some situations where you may need to act within just a few weeks. We don’t want you to miss the deadline and be prevented from ever pursuing your claim with insurance companies or in the local courts. A construction accident lawyer can evaluate your claim tell you how much time you have, and the steps to take to make a claim.
Talk to an Augusta Construction Accident Lawyer
At John Foy & Associates, we know how to get you paid for the injuries you suffered in a construction accident. We’ll give you a free consultation. And after that, we won’t charge you a single dollar unless we get you money. Let us give you a free consultation. Call us at 404-400-4000 or fill out the form to your right and get your FREE consultation today.