If you’re a construction worker, you know that you work hard, but you may not know how dangerous your work is. Statistics bear out that construction work is one of the most hazardous occupations. Keep this in mind when you head to work daily, and help yourself stay safe on your dangerous job. If you or a loved one has been involved in a construction accident in Duluth, you need a construction accident lawyer.
Our injury law firm in Duluth, GA, has a track record of success, obtaining millions for those injured by the negligence of another party. Contact us for no-cost legal counsel – our skilled team of attorneys has what it takes to get you the compensation you deserve.
Dangerous Construction Work in Duluth, GA
The Occupational Safety and Health Administration (OSHA) reveals that, of all the workplace fatalities in the United States, 21 percent of them were in construction. OSHA breaks down the dangers of construction work into four leading deadly accident classifications (known as the fatal four)—in the private sector and excluding highway collisions. They include accidents involving falls, accidents involving electrocution, accidents involving being caught in or between objects, and accidents involving being struck by things.
No matter how you classify the accidents, working in construction is dangerous. If you were injured on the job, do not leave your financial recovery to chance—you need experienced legal counsel. At Brauns Law Accident Injury Lawyers, PC, our Duluth construction accident attorneys understand how difficult accidents can be. We’re here to help navigate your workers’ compensation claim toward its most favorable resolution.
Falls at Duluth Construction Sites
Falls at the construction site represents over 40 percent of serious construction worker accidents, and as such, they are the most likely accidents to injure construction workers. Because construction work can take place far above the ground, falls can be hazardous. Furthermore, construction typically involves heavy equipment, including scaffolding, cranes, ladders, and other devices that elevate workers. This equipment can be dangerous when it isn’t erected safely, used according to directions, or maintained for safety. If you work construction, you deserve to work in an environment that is safely maintained—your work is dangerous enough in and of itself.
Struck by an Object on the Construction Site
Much like falls on the job, accidents involving being struck by falling objects are common on construction sites. They make up almost 10 percent of construction site fatalities. Construction work involves heavy tools, building materials, and debris. When these materials aren’t carefully accounted for and monitored via a well-devised on-the-job safety plan, they can prove deadly if they accidentally fall and hit a worker. Hard hats can help, but they’re no substitute for keeping you and your fellow construction workers safe on the construction site from falls and falling debris.
Caught in or Between Objects on the Construction Site
Construction sites are full of giant machinery, building materials, and equipment, and all of these elements of construction work are potentially dangerous for construction workers. Becoming caught, wedged, or trapped between any of this heavy equipment or machinery can quickly endanger your safety—and your very life. OSHA reveals that being caught between objects accounts for more than seven percent of all deadly accidents on construction sites. Therefore, maintaining safe working conditions on construction sites is critical to keeping construction workers safe. When construction companies fail to scrupulously maintain on-site safety conditions related to the heavy equipment and materials of the work, they endanger their employees.
Electrocution on the Construction Site
Electricity is an integral part of nearly all construction work, and electrocution accidents are almost as dangerous as getting struck by falling objects on construction sites. Electrocution accounts for nearly nine percent of construction site fatalities. Construction work requires electrical equipment, electrical components, and electrical wiring connections. When employers don’t adequately monitor these dangerous elements of the job for safety, they can place construction workers in harm’s way.
Injuries and Workers Compensation
You know how devastating that can be if you’re hurt on the job. While injury often relates to sudden accidents like those caused by the fatal four, workers’ compensation law covers other kinds of injuries. Your injury may include a physical problem that comes on slowly over time. You can even receive compensation for specific health conditions, including strokes, heart attacks, and severe infections when construction work causes or worsens them.
Catastrophic Injuries from Duluth Construction Site Accidents
Georgia’s workers’ compensation law also covers catastrophic injuries, which encompass many job-related wounds:
- Amputations of legs, arms, feet, or hands
- Spinal cord injuries with severe paralysis
- Serious brain injuries
- Total or industrial blindness
- Second- or third-degree burns on more than 25 percent of the body
- Third-degree burns on more than 5 percent of either the face or hands
- Any serious work injuries that are severe enough to prevent a construction worker from doing almost any work
No matter how you slice it, construction work is dangerous. Every time you head out to the construction site, be mindful of the dangers and do everything you can to stay safe on the job. Employers, however, maintain some construction sites less safe than others. Protect your rights and rightful compensation if you become injured on the job by hiring an experienced Georgia workers’ compensation attorney.
Frequently Asked Questions in Duluth Construction Accidents
You aren’t alone if you have questions about your rights and what to do after a construction accident. Construction accidents come with many questions for those who suffer an injury. Construction accidents, unfortunately, happen too often in Duluth. Injured individuals and their families need to know their legal rights and options for recourse when they happen.
Below, our seasoned Duluth construction accident attorneys answer some of your most pressing questions.
OSHA is short for Occupational Safety and Health Administration. This government entity enacts and enforces rules that direct workplace health and safety to prevent work-related injuries, illnesses, and deaths. The presence of OSHA violations could help your construction accident claim if it involves a third party.
In construction accident claims involving your employer, however, OSHA violations may not matter, since fault is not usually a factor in workers’ comp claims.
Thousands of potential hazards exist on a construction site. Dangerous chemicals, heavy equipment, and rushed production schedules increase the risk of injuries in workers, supervisors, and even others in the nearby areas. According to OSHA, most construction site injuries involve excavation cave-ins, electrical hazards, power tool accidents, falls, and exposure to potentially hazardous materials such as asbestos, benzene, lead, and vinyl chloride.
The most common injuries suffered by those at construction sites are due to:
- Falling from heights
- Trench collapse
- Collapsed scaffolding
- Electric shock, arc flash, or arc blast
- Failing to use appropriate protective gear
- Repetitive motion injuries
Most of the time, workers’ compensation will cover construction accident injuries. The Georgia workers’ compensation system provides for injured workers to file a claim for their lost wages and medical expenses without having to prove someone was at fault for their accident. However, a worker who gets workers’ compensation from their employer cannot sue the employer.
If another party besides your employer could be liable for your injuries, a skilled Duluth construction accident lawyer can help you file a personal injury claim against them. It’s crucial to have your case reviewed by an attorney to determine if other parties might owe you compensation for your damages.
For instance, if a worker is injured in an accident by a piece of equipment found to have a defective safety system, they might have a viable third-party claim against the manufacturer of the faulty equipment in addition to their workers’ comp claim.
Or, if a subcontractor’s worker gets hurt on a construction site by a falling object, the worker might have a valid third-party claim against the general contractor and owner of the construction site, on top of their workers’ compensation claim. Eligibility for this type of claim requires an exhaustive investigation of your case by a qualified Duluth construction accident attorney.
While each construction accident injury claim is different, there are general steps you can take to help initiate your claim.
These steps typically include:
- Entering the details of your accident in your employer’s record book as soon as you can after the accident (don’t forget to enter the details yourself or view any entry your employer makes)
- Getting the names, addresses, and contact phone numbers of any possible witnesses to the accident.
- Taking pictures of the location of the accident as soon as possible (if you can)
- Organizing and journaling all the specifics of the accident as soon as possible (be sure to include all of the events that led up to it)
- Taking pictures of any involved machinery, plants, tools, supports, or vehicles
- Documenting all of your visible injuries by taking pictures of them
- Seeing a physician to get medical treatment, who should also document your injuries, symptoms, and treatment
The State Board of Workers’ Compensation will provide you with Form WC-14 to file a claim. If you reside in the metro Atlanta area, you can call (404) 656-3818 or outside the metro Atlanta area, call 1-800-533-0682. You can also write a request to the State Board of Workers’ Compensation and mail it to:
State Board of Workers’ Compensation
270 Peachtree Street, NW
Atlanta, GA 30303-1299
Another option is to print a Form WC-14 from the State Board of Workers’ Compensation website www.sbwc.georgia.gov.
That’s all easier said than done, however, so please give us a call. We can handle all of that for you and more.
Workers’ Compensation laws limit your monetary recovery from your employer in Georgia, but remember that other parties could be liable for your injuries. Depending on the circumstances, these parties might include property owners, third-party contractors, or equipment manufacturers. The best way to determine who might be liable is to meet with a Duluth construction accident lawyer.
Depending on the situation, the injured individual might recover compensation from the construction company because it must take reasonable steps to keep public sidewalks near its site free from bricks and any other debris. If the company doesn’t remove the obstructions they created and a person trips and falls, the company may be held liable for their injuries.
Construction companies should also notify nearby pedestrians if stray from the sidewalk they risk injury. Merely putting up a warning sign is not always enough. If a company fails to place things such as barriers or warning lamps by a building pit, it could be liable if someone falls into it and is injured.
Suppose you were injured at or near a construction site but didn’t work there. In that case, you should contact an experienced Duluth construction accident attorney as soon as possible. They can review the circumstances and discuss your legal rights and options.
Each personal injury case is different.
Construction accident victims, however, can generally seek compensation in a civil lawsuit for all their injuries, in addition to:
- Limitations and disabilities
- Pain and suffering
- Disfigurement and scarring
- Past and future medical expenses
- Past and future income loss
- Lost earning capacity
Punitive damages might also be available if the court determines that the party who caused the accident acted especially harmful. While other damages compensate the victim, punitive damages punish the person who caused the harm, preventing them or others from doing the same thing in the future.
A statute of limitations is a legally imposed deadline to file a claim. In Georgia, the statute of limitations for workers’ compensation claims is one year from the date of injury. If they don’t file their workers’ compensation claim by one year, they may forfeit their right to compensation. In some situations, the deadline extends. Still, you’ll want to speak to a Duluth construction accident attorney as soon as possible, so you don’t risk your compensation.
For example, suppose you receive weekly income benefits or received remedial care for your workplace injury. In that case, you have two years from the date that you received the last remedial treatment or from the date that you last received your weekly benefit to file a workers’ compensation claim.
Injured employees in Georgia who want to preserve their rights to receive workers’ compensation benefits need to be aware that state law mandates that they report their injury as soon as possible.
If they don’t report their work-related injury within 30 days could lose their right to receive workers’ compensation benefits altogether.
If you are thinking about filing a personal injury claim against another party besides your employer, the statute of limitations is two years from the date of your injury. There can also be some exceptions to this rule. No matter the type of claim you intend to file, or if you want to file both, an attorney can help ensure you don’t miss this critical deadline.
Insurance companies are allowed by law to perform some surveillance. They might attempt to see if your restrictions are less than what you and your physician say.
Don’t do any strenuous activity outside. The insurer will do everything they can to make it look like nothing is wrong with you. You might bend over to pick something up once, but it doesn’t mean that you can do it all day. They might record your actions on tape, which can be very misleading. Even though you can’t stop them from doing this, you can act to protect your rights in your case.
Their surveillance may extend online, as they try to follow you on social media. Don’t post anything on the internet without consulting us. They may intentionally misconstrue an innocent photo or post to show you’re not injured.
Georgia is an at-will employment state. Unless you signed an employment contract or are the victim of discrimination, your employer can fire you for any reason. As such, your employer can fire you for claiming workers’ compensation. Unfortunately, the Georgia legislature rejected a bill that would have prevented employers from firing people for making a claim many years ago.
If you are on regular duty work without restrictions at the time of your termination, you cannot receive further temporary total benefits. The only exception to this rule is if your doctor later said that you had some restrictions or that you shouldn’t work. However, if you have some restrictions at the time your employer fires you, you might receive workers’ compensation benefits.
If your employer fired you for reasons related to your workers’ compensation claim, your temporary total benefits should start immediately, and you need not seek employment.
If it’s not obvious that you lost your job for making a workers’ compensation claim, you will most likely need to look for work. You should also prepare to prove that you couldn’t find work because of your workers’ compensation claim and the lasting effects of your injury. If proven, you could receive temporary total workers’ compensation benefits.
While it’s legal for your employer to fire you under Georgia laws, you could have rights under the Federal Americans with Disabilities Act or other state or federal laws. Consult a knowledgeable Duluth construction accident lawyer if your employer terminates you after filing your claim.
You cannot receive damages for pain and suffering through workers’ compensation. Under the Georgia workers’ compensation program, you can receive medical treatment through the workers’ compensation insurance carrier. If you were not working at the advice of your authorized treating physician or were placed on light duty restrictions and your employer can’t or won’t accommodate them, you can also receive wage replacement, otherwise known as indemnity benefits.
Even if another party’s negligent actions cause your injuries, you cannot receive compensation for pain and suffering through workers’ compensation. However, in this situation, you might have the right to file a claim against the third party that caused your injuries. Another driver, equipment manufacturing company, contractor, or others not associated with your employer may have caused or contributed to your accident. Compensation for pain and suffering and other intangible losses is possible via a third-party claim.
Don’t hesitate to reach out to a Duluth construction accident attorney to find out what your rights may be. We can review all of your options for compensation to ensure you receive the maximum financial recovery you deserve.
Yes.
When it comes to construction accident cases, Georgia’s personal injury law can be highly complex. If a construction accident injured you, you need a Duluth construction accident lawyer who can help determine who was at fault for your accident. If you wait too long and the statute of limitations expires, you cannot recover any damages that you can receive.
It is always wise to meet with a well-versed Duluth construction accident attorney at Brauns Law Accident Injury Lawyers, PC as soon as possible to learn what compensation you could receive. Doing so will also provide you with the best chance of recovering fair compensation to cover all of your losses.
If you didn’t see your question listed here or you want to learn more about your next steps, make an appointment to have a Duluth construction accident attorney review your case as soon as possible.
If You Were Injured on the Job, Consult with Brauns Law Accident Injury Lawyers, PC Today
If you were injured in a Duluth, Georgia, construction site accident, don’t leave your recovery to chance—you need skilled legal counsel. Construction accidents are severe and can lead to ongoing physical and financial hardships. Allow the experienced construction accident attorneys at Brauns Law Accident Injury Lawyers, PC, to help you recover the compensation to which you’re entitled. Please contact or call us at 404-418-8244 for a free consultation today.
