CONSTRUCTION ACCIDENTS

CONSTRUCTION ACCIDENTS

Construction site accidents are common in the work place. Thousands of construction workers are injured or worse killed in a construction site accident each year. Construction companies are responsible for inspecting each site with their safety engineers and provide safety programs, but unfortunately accidents are still occurring due to irresponsibility or inadequate provisions.

You should consult with a personal injury attorney immediately after sustaining any serious work related injury. Even if for no other reason than to have the workers compensation system explained in detail to you, so that you know the differences and what to expect from the process. There is a substantial likelihood that an insurance company will eventually challenge your right to workers compensation benefits, and the insurance company will begin preparing a litigation strategy to prevent you from receiving compensation from the time the adjuster opens your claim. It is vital for an injured worker to consult a personal injury lawyer as soon as possible, especially if the injuries are serious. It is always recommend that you talk with an attorney that has experience in workers compensation law. Do not talk to anyone else or make any statements until you have consulted an attorney for your own protection.

What is workers compensation?

If you work on a construction site and have suffered any personal injuries due to negligence on the part of your employer you may be entitled to receive certain benefits through workers compensation. These usually include payments for medical bills, weekly benefits for each week you are unable to work and payment on a scheduled basis for you permanent injury.

Workers compensation awards tend to be modest since they are based on your passed earnings and there are no compensation for your pain and suffering. In addition, when you are receiving workers compensation you are not permitted to sue your employer for any other damages.

When can I sue?

Construction workers can sue for damages. Like all other work place related injuries, construction workers can sue and recover an award against other people or companies for injuries sustained in the same accident. The companies that are generally sued are the owners of the project or general contractors for failure to provide a safe workplace. To make construction work safer, state law guidelines have been instituted to benefit the injured worker and put him or her in a favorable position to sue and recover damages. These laws require contractors, owners and their agents to provide safe scaffolds, hoists and other such structures for erecting, demolishing or repairing buildings. If an owner or general contractor fails to provide safe working conditions under these laws he should be held responsible for all injuries, especially if he exercises no supervision or control over the work being performed over the worksite.

begins investigating the owners, architects, insurance companies and manufactures of equipment. General contractors and all subcontractors are required to provide a reasonable and safe worksite, which warn of hazards inherent to the site and work, hire careful co-workers, co-ordinate job safety provisions and supervise and comply with all safety specifications. Employers are responsible for the safe design and proper maintenance of their equipment and products in the workplace. Defective or dangerous products can include: scaffolding, power tools, cranes, derricks, hoists, conveyers, ladders, winches, wood working tools, trucks, tractors, graters, scrapers, bulldozers, forklifts as well as many other types of construction equipment.

We at Marcel J. Murad use our years of experience in handling personal injury cases to investigate every possible factor that would cause an accident, to ensure that you will receive full compensation for your injuries.

If you or any of your loved ones has been injured as the result of an accident or negligence on the behalf of another party please call or email us at info@murallaw.com now to ensure you take the right steps. The initial consultation is free “if we don’t win you don’t pay” so call immediately.

SLIP & FALL

“Slip and Fall” is a term for personal injury cases which arise when injury is caused when a person slips and falls as a result of a dangerous or hazardous condition on someone else’s property. Inside a building, dangerous conditions such as torn carpeting, poor lighting, abrupt changes in flooring, broken floors, narrow stairs or even an unmarked wet floor can cause you to slip and hurt yourself. Outside a building you may slip and fall because of rain, ice, snow or a hidden hazard such as a gap or hard to see hole in the ground. Slip and fall accidents can occur on commercial, residential or public property. Regardless of where accident occurs, all property or building owners have a certain level of responsibility to provide a safe environment.

Slip and fall attorneys practice in a area of law know as premise liability. It is negligence law which primarily focuses on the responsibility of the property owner. It is a personal injury lawyer’s responsibility to then bring claims for injuries suffered on the property of another due to careless.

Reasons for Suit

An attorney must prove the following three elements to win:

1. The property owner created the hazard.

2. The property owner knew or should have known about the hazard.

3. The property owner failed to meet their responsibility by either removing or repairing the hazard.

Burden of Proof – The injured party bringing the cause of action has the burden of proof the establish when the hazard first appeared and that the property owner should have known. It is critical to investigate and find evidence to establish the history of this condition. At that point a personal injury lawyer will preserve this evidence to establish the proof of the case.

Examples of Causes

If you slip and fall on a grape in a grocery store, absent is the evidence of when the grape first fell onto the floor, it may be difficult that the store knew or should have known about this dangerous condition. If the grape fell onto the floor one minute before you arrived then the store most likely would not have known about it. Since the plaintiffs have the burden of proof, proving when the hazard first appeared and that the store should have known about the hazard presents problems in certain cases.

Structural Defects – Structural damages to a building are often due to age or wear and tear, but can cause a significant injury. Uneven steps, parking lot holes, cracked sidewalks, broken tile or torn carpeting can create dangerous situations for visitors or occupants of a building.

Building Code Violations – A negligence lawyer can prove a case by violation of statute. Building owners must ensure that their buildings structure is in compliance with all applicable building codes. For example, handrails and other similar structures typically must be installed at a certain and general height. If you fall on a stairway that lacked the appropriate handrails and therefore caused your injuries, you may have a valid claim against the building owner for violating building codes.

Weather Accidents – Weather related accidents are difficult cases for injured people. Land owners are generally expected to take reasonable to reduce hazards created by bad weather. This can include shoveling snow, salting or sanding icy and slippery spots and installing anti-slip devices on outdoor steps.

We at Marcel J. Murad use our years of experience in handling personal injury cases to investigate every possible factor that would cause an accident, to ensure that you will receive full compensation for your injuries.

If you or any of your loved ones has been injured as the result of an accident or negligence on the behalf of another party please call or email us at info@murallaw.com now to ensure you take the right steps. The initial consultation is free “if we don’t win you don’t pay” so call immediately.