Construction work is a dangerous field. Construction sites can even put people who don’t work in the industry or on the job site at risk. Visitors to construction sites also face the risk of injury in a construction accident.
If you or someone you love recently experienced a severe or fatal injury on a construction site, it’s time to call a seasoned Atlanta construction accident attorney at Brauns Law Accident Injury Firm at (404) 341-4079 for a free consultation to determine the best course of action for you after your construction accident.
About Brauns Law Accident Injury Firm
The personal injury lawyers at Brauns Law Accident Injury Firm have extensive experience negotiating, settling, and litigating personal injury claims which have resulted from a wide variety of accidents, including construction accidents. The firm’s dedication to exceptional and personalized service has led to the recovery of millions of dollars in damages for their clients.
These results only serve as examples; we cannot guarantee an outcome for your case. Our committed lawyers will aggressively pursue the best outcome for your individual circumstances. We understand the challenges you face in the aftermath of a severe or catastrophic injury and we are here to help you hold those who caused you harm accountable.
You Don’t Need Money to Hire Our Atlanta Construction Accident Lawyers
Although receiving compensation for damages won’t erase your injuries or make the accident like it never happened, it can give you peace of mind and make your life more comfortable going forward. However, perhaps you have financial concerns holding you back from seeking the help you need.
If you’ve worked with an attorney before on another legal issue or talked to anyone who has, you might understand that they require retainer fees. At Brauns Law Accident Injury Firm, we are different. First, we provide you with a free case review to learn more about your case and explain your legal options. If you have a valid claim and hire us, you won’t pay anything until we reach a full and fair settlement or win your case. Since we work on contingency fees only, you don’t need any money to hire an Atlanta construction accident attorney from our firm.
Too many injured victims have suffered alone without compensation for their economic and non-economic damages because they thought they had to pay an Atlanta construction accident attorney upfront for their services. Sadly, they never received what they were entitled to receive. You don’t have to suffer the same fate; reach out to Brauns Law Accident Injury Firm for contingency fee-based legal assistance instead.
Who Can File a Lawsuit for Construction Accident Injuries in Atlanta?
An injured individual who was not employed by the construction company or other company liable for their injuries can file a lawsuit with an Atlanta construction accident lawyer’s help. However, it can become more complicated if the victim is an employee. If this is the case, the employee should file a workers’ compensation claim under your employee’s policy. This is the reason your employer pays for workers’ comp insurance. If the company approves your claim, you will receive benefits that typically include costs of medically necessary treatment and about two-thirds of your average weekly pay for a period of time.
A construction accident lawyer can also help you prepare and file your workers’ compensation claim.
In addition, we can help if:
- Your employer has failed to purchase mandatory workers’ comp insurance.
- Your employer retaliates or threatens to retaliate against you when you file a claim.
- The insurance company has denied your claim, reduced your benefits or isn’t taking action on your claim.
When severe and catastrophic accidents occur, workers’ comp benefits don’t cover all losses, sometimes financially devastating families. Your attorney can guide you through the claims process, and advise you on when and how to seek additional compensation.
When a construction accident occurs and the victim is not an employee, for example, several different parties might be wholly or partially liable. Additionally, an injured employee might make a third-party claim when a construction site isn’t owned by his or her employer. In these cases, you can pursue pain and suffering damages.
Third parties who might have liability for your injuries and damages include:
- Contractors and sub-contractors in the jobsite.
- Property/land owners have a legal obligation to maintain a safe environment for those who visit. They must warn visitors of hazards which they know about, or should know about. When trespassers have a construction accident, owners are not liable unless the trespasser is a child. Owners must protect children from hazards, and construction sites have all kinds of things which attract children. Examples include machinery and piles of dirt, sand, and lumber. These “attractive nuisances” can lead to severe injuries, which might result in a Georgia court holding a landowner liable for a child trespasser’s injury.
- Heavy equipment, tools, and machinery manufacturers can be liable if defective machinery causes a construction accident. In fact, any party in the chain of distribution can be liable, including distributors, and retailers.
- Chemical manufacturers might be liable for a construction accident if their products cause burns or illness from exposure. In this situation, a company, wholesaler, and retailer might also be liable.
- Real estate/property developers who do not own the land where a construction accident occurs, might also share liability for a construction accident injury.
Workers’ compensation doesn’t provide benefits to non-workers injured on or near construction sites. Non-employees could sue the construction company or other parties involved in their accident.
If you think you might have a claim or just want someone to review it to find out, don’t hesitate to speak to an experienced Atlanta construction accident lawyer. If you do not act regarding your injuries, you could be walking away from the money you deserve for your injuries.
How Long Do You Have to Contact an Atlanta Construction Accident Lawyer After an Accident?
If you only know one thing about filing a Atlanta construction accident claim, you should know about the statute of limitations. A statute of limitations restricts the amount of time an injured party has to file a legal claim for their injuries. Georgia’s statute of limitations is only two years from the date of the accident.
As such, it is in your best interest to contact an experienced Atlanta construction accident attorney as soon as you can after sustaining your injury. It can take some time to gather evidence in your case and to take the steps needed to file a lawsuit. The more time your attorney has to work on your case, the more successful it could be. If you do not file your construction accident injury claim within the allotted two years, it will more than likely be dismissed by the court at the request of the defendant or their legal counsel.
Common Types of Construction Accidents
The Occupational Health and Safety Administration (OSHA) reports four types of construction site accidents constitute 60 percent of all workplace injuries: falls, getting struck by an object, electrocution fatal, and getting stuck in between machinery or a building.
More specifically, the common types of construction accidents that can severely or fatally injure both workers and non-workers alike include:
Dug-out areas located underneath the ground or sidewalk could collapse, injuring anyone underneath or on top of it. Excavated areas can collapse suddenly without warning, leaving workers and pedestrians alike with no chance to avoid an injury.
Equipment, tools, and all types of building materials can drop or fall from above, especially if people are working on scaffolding or a roof at excessive heights. These items can cause severe or fatal injury if they fall on or near someone walking or standing below.
Equipment and Machinery Failures
Any type of power tools or equipment, from hand-held drills to forklifts or backhoes, might have a mechanical failure that can lead to an accident. Larger pieces of equipment can be especially hazardous if they malfunction or slip out of gear.
Scaffold or Other Structure Failure
Fences, sheds, scaffolding, and other temporary structures can fall apart, wounding anyone on or near them, especially if they were incorrectly installed or made of defective materials or parts.
Crushed – Betweens and Backovers
Construction workers face the risk of being run over by large trucks backing out of construction sites. Sometimes they are also crushed between walls or concrete and large vehicles.
Explosions and Fires
Construction sites arguably have the most hazards of any other type of work environment; flammable chemicals, leaking pipes, and exposed wiring are just a few. Although explosions and fires are not as common as other causes of construction injuries, they are often severe or fatal when they do happen.
Repetitive Motion Injuries
Construction workers often do the same type of job and, therefore, the same physical motions every day. Repetitive motion injuries such as carpal tunnel syndrome and tennis elbow are temporary or permanent injuries to muscles, nerves, ligaments, and tendons caused by performing the same motion over and over again.
Causes of Atlanta Construction Accidents and Injuries
Although there are many different types of construction accidents, they can generally be traced back to one or more of the following signs of negligence:
- Lack of fall protection for workers on elevated structures such as scaffolding
- Absence of protection from falling objects
- Tripping hazards from construction materials and debris left in the paths of others
- Missing guards or protections on power tools
- Dangerous equipment and machinery
- Lack of safety precautions when working near power lines
- Lack of protection for workers in trenches
- Hazardous property conditions
Types of Construction Injuries in Atlanta
When those on and around construction sites dismiss the importance of safety, the results can be overwhelming.
Severe injuries often cause financial stress and require extensive recovery, causing injured persons to miss a great deal of work. These cases require the expertise and finesse of a skilled personal injury attorney who understands Georgia’s workers’ compensation guidelines and laws about accidents on another party’s property.
Construction accidents can cause many types of life-threatening injuries, including:
- Traumatic brain injury (TBI) and other head trauma
- Spinal cord injuries (SCI), including damage that can cause paraplegia or quadriplegia
- Electrocution injuries, such as burns and organ damage
- Eye injury leading to vision impairment or blindness
- Broken bones, multiple fractures, and crushed limbs or bones requiring multiple corrective surgeries
- Knee and ankle injuries
- Neck, shoulder, or back injuries, including herniated and fractured discs
- Illnesses caused by toxic chemical exposure
- Post-Traumatic Stress Disorder (PTSD)
- Crushed or otherwise injured limbs that require amputation
- Deep cuts or lacerations
- Toxic exposure to certain chemicals, such as from welding jobs, causing lifelong complications
- Permanent vegetative state (PVS)
Some of these injuries can lead to life-changing disabilities like paralysis or loss of cognitive abilities. Those who survive these severe injuries can find that they have years of costly and grueling medical care, physical therapy, surgeries, and other measures to return to even a small segment of their former ability to function. The equipment, medications, and the injured individual only add to the staggering costs of these injuries.
What Is Required to Win an Atlanta Construction Accident Claim?
The basis of most construction injury cases is negligence and liability. Liability arises if someone was negligent in causing the accident. Negligent individuals never intend to cause a consequence like an injury to someone else. Instead, their liability comes from careless or thoughtless behavior or a failure to act when a reasonable person would have acted. Behavior is defined as “negligent” when it doesn’t meet a legally recognized standard of using reasonable care under the conditions to protect others from harm.
When building your case, your Atlanta construction accident lawyer will focus on proving four individual yet related elements in your case.
Even if your case reaches a settlement before reaching the courts, your attorney must have the evidence to prove these elements exist:
- Duty of care – This duty is an obligation to use the same level of reasonable care that another person in a similar situation would use, such as an employer who properly trains its employees on how to use safety equipment.
- Breach of duty – A breach occurs when an individual takes an action (or does not take an action) counter to a reasonable individual’s behavior in a similar situation, such as an employer not providing proper training on the use of safety equipment on the job.
- Causation (cause in fact) – The plaintiff (injured party) must show that the defendant’s (at-fault party) breach of duty was the cause of the plaintiff’s injury and losses. For example, the injured construction worker or their Atlanta construction accident attorney would have to show that they suffered injuries because the employer did not properly train them on safety equipment.
- Damages – Because the plaintiff sustained an injury or loss that a reasonable individual in that same circumstance could expect or foresee, financial compensation could be the only way to provide relief for those injuries. Damages can be numerous and might include past and future medical care, lost wages, loss of consortium, pain, and suffering, and more.
If you or your Atlanta construction accident lawyer can’t prove each one of these elements, you will not receive compensation for your damages. Hiring an attorney who has vast experience representing clients with construction accident injuries could ensure that there is enough convincing evidence in your case to garner the money you are entitled to for your injuries.
How Bad Is the Problem? What the Data Say
According to the U.S. Occupational Safety and Health Administration (OSHA), slightly over one in five worker deaths in one recent year were in construction. Falls accounted for nearly 34 percent, being struck by an object made up just over 11 percent, over eight percent were attributed to electrocutions, while caught in and between accidents caused 5.5 percent of all fatalities. If it were possible to eliminate these types of accidents, known as the “Fatal Four,” doing so would save approximately 591 workers’ lives in the U.S. each year.
In Georgia, the construction and extraction occupational group had the second-highest number of workplace fatalities, with 27 out of 43 total fatalities. Construction trades workers accounted for 23 of the work-related deaths with the construction and extraction group.
Get Help From Our Seasoned Atlanta Construction Accident Lawyers Today
Construction establishments and third parties have a duty to both their workers and the general public to adhere to safety regulations and keep workplaces as accident-free as possible. OSHA and state occupational safety departments provide extensive directives on how construction sites need to handle materials, equipment, and work to reduce the risk of injury or death.
However, companies attempting to meet a deadline or finish a development under budget sometimes cut corners on safety, seeming to forget they are risking the well-being and health of their employees and the general public. This disregard for safety is unacceptable. A well-versed Atlanta construction accident lawyer will hold them accountable for their actions.
Construction accidents can be life-changing events that cause severe physical and emotional pain as well as financial burdens. The injuries you suffer as a result of negligence can be widespread. Increasing medical expenses and time off work can cause serious financial limitations.
At Brauns Law Accident Injury Firm, our Atlanta construction accident attorneys scrutinize cases and choose to represent clients we believe we can best serve.
If you were injured in a construction accident or lost a loved one in a fatal workplace accident, contact us at 404-348-0889 today to learn more about your legal rights and see if our knowledge experience can help you. You deserve compensation for losses related to the accident and injury. If you lost a loved one in a construction accident, you might recover damages depending on your relationship with the deceased.
What’s more, we understand physical and financial limitations might prevent you from traveling to us, so we will gladly meet with you in the hospital or at your home. Let our skilled Atlanta construction accident attorneys investigate your accident and build a strong case against the defense while you focus on rehabilitation.
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