Construction is a hazardous occupation, resulting in high rates of injuries and fatalities every year. In 2020, 1,034 construction workers lost their lives, and 31.4 out of every 10,000 workers missed time on the job due to workplace accidents. In Massachusetts, the construction industry is second to fishing and agriculture for the highest risk of on-the-job fatal accidents.
Though your risks are high, if you sustain injuries from an accident at work, you face challenges obtaining the compensation you deserve. Construction injury claims are often complex cases. You need an attorney with experience handling this type of case.
What Should You Look for in a Construction Accident Attorney?
Construction accident claims involving injuries fall under the umbrella of personal injury. Though you may see advertisements for personal injury lawyers everywhere, not all are for individuals or firms with the type of experience and knowledge you need for this type of accident.
You can begin by searching for construction accident attorneys in Massachusetts. Often, attorneys get licensed to practice in multiple states. However, it’s more convenient for you if you find someone with offices near you. Construction accident lawyers should also have a presence in the office.
You should be able to find office locations on a firm’s website, but you may need to contact the office to inquire about where the attorneys are located. Once you narrow your options by location, you can begin digging deeper into important qualities in construction accident lawyers.
Experience With a Variety of Construction Cases
The nature of construction sites can make these claims some of the most complex cases in personal injury. It’s essential to find someone with the depth and breadth of experience in construction, handling cases involving a variety of circumstances. Investigate overall years of experience, as well.
All personal injury cases require a deep knowledge of many laws, some broad and others specific to construction. Additionally, years in practice provide a nuanced understanding of case law, local court systems, defense attorneys and insurance companies, all of which can help the attorney bolster your case.
Demonstrated Success in Obtaining Compensation
Lawyers’ successes are tied to the number of cases they win and how much the settlements are in those winning cases. Look for evidence of demonstrated success within the firm and see if you can find out the track record for construction cases.
Construction accidents can lead to staggering medical bills and lost wages. They can sometimes be career-ending, resulting in permanent injuries and long-term suffering. Those who lose a loved one in a construction accident lose so much more than the income that person brought home. You need representation from a lawyer who will go the distance to help you get a fair settlement.
Experience in the Courtroom
Fortunately, most personal injury cases settle before they reach the courtroom. When you file a personal injury lawsuit, both sides come together to try to obtain a settlement agreement. It is in everyone’s best interest to do so. As the plaintiff, you benefit because you don’t have to wait as long to receive compensation. The defendant is motivated because courts generally side with the plaintiff in personal injury cases. When they do, the defendant usually must pay more than they would have if they settled.
However, there is no guarantee that you will reach a satisfactory outcome during negotiations. The other side might not agree to an amount that fairly compensates you for your losses. You should look for a Massachusetts construction accident lawyer who won’t shy away from going to court if needed and who has experience in the courtroom.
Offers Sufficient Support
You are not just a case number, so you shouldn’t be treated as one. You deserve to work with a compassionate, understanding lawyer who takes the time to get to know you and your unique circumstances and needs. The attorney should also have adequate support to handle the multiple components of a claim while also addressing your needs.
Unless a lawyer’s caseload is extremely small, there is too much involved in building a case for a single person to handle alone efficiently and effectively. Experienced legal professionals usually work with a team and often have trusted experts they count on for tasks such as accident reconstruction, psychological impacts and long-term medical prognoses.
At Jason Stone Injury Lawyers, we provide every client with a case manager who is the primary point of contact and manages the case’s legal and administrative aspects. An associate attorney also works on each case, evaluating evidence and determining the legal course needed to ensure the best chances for a positive outcome. You have someone you can turn to when you have questions or need assistance scheduling medical care or obtaining doctors’ reports.
Why Are Construction Cases Complex?
Construction sites are often busy environments, with multiple people and companies involved in project completion. Usually, when workers sustain injuries on the job, they receive medical care and a portion of lost wages through workers’ compensation insurance. In Massachusetts, as in all other states, most employers must have workers’ comp insurance for their employees. The situation gets a little tricky with construction sites.
Workers’ Compensation
Workers’ compensation insurance pays benefits to employees injured on the job. Generally, fault is not a consideration, though there are exceptions, such as when an employee is under the influence of drugs or alcohol or intentionally injures themselves. However, the employment structure of the construction industry can muddy the waters of responsibility.
Often, the construction site has a combination of contractors and subcontractors working on the project. If you are an employee of either a contractor or subcontractor, your employer should have coverage. According to state law, workers are employees by default. If your employer claims you are an independent contractor, your employer must prove it through the state’s three-part test for classifying a worker as an independent contractor.
Third-Party Claims
Workers’ compensation insurance providers often deny a claim because of the number of third parties present on a worksite. An attorney can assess your case to determine if you have a workers’ comp or a third-party claim. If a party that doesn’t directly oversee your work was responsible for your accident, you might have cause to pursue compensation in a third-party lawsuit.
Subcontractors, property owners and even motorists are third parties that are potentially liable for a construction site accident. Untangling the evidence can be challenging, but it’s essential to document worksite conditions and gather the evidence right away. If you are unable to take photos or video, ask someone else to do so.
If you work with a construction site accident attorney, the lawyer may send someone to the site to capture the details. It is critical to seek assistance as soon as possible, ideally before you talk to an insurance provider and before anyone has the opportunity to eliminate the evidence.
Will Jason Stone Injury Lawyers Help With Construction Accidents?
Jason Stone Injury Lawyers has a team of dedicated professionals to help you with your construction accident claim. No matter how minor you think your injuries are, we want to do what we can to assist you with your case. You deserve to understand your rights and options. Before you speak with the insurance companies, Better Phone Stone. There’s No Obligation, Just Information®.
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