Do You Need a Skilled Construction Accident Lawyer in Virginia?
Civil Litigation, Social Security Disability, or Workers Compensation After a Construction Site Injury? We Explain Your Legal Options.
Construction is a dangerous trade. Despite the numerous labor laws and occupational safety regulations in the industry, each year, construction workers suffer catastrophic injuries, loss of limbs and other body parts, and even death.
The numbers do not lie.
United States Bureau of Labor Statistics (BLS) and the National Institutes of Health (NIH) data shows that:
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- The construction industry accounts for over eight percent of all workplace injuries resulting in missed time,
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- The injury rates in construction are more than 70 percent higher than rates across all industries on average,
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- 150,000 to 200,000 construction accident injuries occur yearly, and
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- Approximately 20% of worker deaths in the country are due to occupational safety hazards on construction sites, even though less than 6 percent of full-time American workers are in construction.
When you suffer injuries in a construction accident in Virginia, you need a law firm with a reputation as skilled negotiators and fearless litigators to help you collect every penny you deserve under the law.
We are that construction accident law firm. And we want to help you pursue every legal remedy available after a construction site injury. Indeed, you only need one law firm – us – to handle your workers compensation case, Social Security disability application and appeals, and personal injury lawsuit against a negligent third party that may arise from a construction accident.
Continue reading this article to learn about legal options available after a construction site accident causes bodily injury, mental distress, and lost income.
Then, contact my law firm if you have questions about your case and want a free review: (804) 251-1620 or (757) 810-5614. We are top-rated Virginia construction accident lawyers with the reputation, skill, and empathy to help you win.
What is Construction Work?
Construction work includes all trades (carpenters, drywall installers, electrical power-line installers and repairers, electricians, equipment operators, glaziers, HVAC technicians/mechanics, ironworkers, laborers, masons, painters, pipefitters, plumbers, roofers, tile installers, truckers, welders) involved in building, demolishing, improving, repairing, or altering structures, buildings, roads, and highways. It also includes excavating, grading, dredging, and draining property.
Did You Suffer Injuries in One of These Construction Accidents?
Our personal injury law firm resolves all types of construction accident cases in Virginia and Maryland.
Some construction site injuries result from negligence (human factors and mistakes) – for example, equipment operator errors or coworker mistakes. Others are a result of a machine or material failure. Here are some of the most common construction site accidents we handle:
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- Air compressor explosions
- Asphyxia when working in a confined space
- Brazing accidents
- Building collapses
- Burns (chemical and heat)
- Caught in or between objects
- Cement and concrete burns
- Crane accidents
- Defective machinery (including improper lockout/tagout procedures or machine guards)
- Demolition accidents
- Dumpster accidents
- Electrical accidents (including electric shock and electrocution)
- Elevator accidents
- Equipment malfunction
- Excavation accidents
- Exposure to extreme temperatures (hot and cold)
- Exposure to loud noise
- Exposure to toxic chemicals and substances
- Failure to provide personal protective equipment (PPE) or safety devices
- Falls from heights
- Falls from ladders
- Fires
- Forklift accidents
- Gas explosions
- Hazardous materials accidents
- Highway work zone accidents
- Improper use of tools
- Inadequate safety training
- Logging accidents
- Motor vehicle crashes on the job site
- Negligent supervision
- Powered tool accidents (including power saws and handheld tools)
- Punch press accidents
- Roofing accidents and collapses
- Run-over by equipment or machinery accidents
- Scaffolding accidents
- Slip and falls
- Struck by falling objects and debris
- Trench collapses at excavations
- Trip and falls over construction debris
- Truck crashes (including powered industrial vehicles)
- Welding accidents
- Window washing accidents
Types of Construction Site Accident Claims and Lawsuits
Construction accident cases are complex because they often involve multiple claims against multiple defendants – sometimes in different court systems with unique procedural and substantive rules.
Generally, as a construction worker injured while doing your job, you have two ways to recover money: file a workers compensation claim or bring a civil action (a personal injury lawsuit).
Further, given your age, education, residual functional capacity (“RFC”), and acquired job skills, you may qualify for Social Security Disability benefits if the construction site accident causes permanent disability from work.
My law firm handles all these claims for injured construction workers in Virginia and Maryland.
Workers Compensation for Construction Site Injuries
The first step in construction accident claims is filing a workers compensation claim against your employer or the general contractor (as the statutory employer) under the Virginia Workers Compensation Act.
Workers compensation is a no-fault system and, in most cases, your sole legal option (“exclusive remedy“) against your employer for a construction site accident. Indeed, most injured construction workers cannot sue their employer in tort.
Generally, employers must pay workers compensation benefits if you prove that you suffered a structural change to your body while performing a specific work-related task and then satisfy specific procedural requirements.
These benefits include the following:
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- Complete payment of all medical expenses related to the construction accident
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- Temporary total or temporary partial disability benefits if you have wage loss due to medical work restrictions from occupational injuries or illnesses
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- Compensation for permanent partial disability (PPD) if you receive a permanent impairment rating that quantifies your loss of use of the injured body part
You may also negotiate a workers compensation settlement payable in a tax-free lump sum.
Personal Injury Lawsuits for Construction Accidents
Workers compensation offers a safety net for injured construction workers but pays limited benefits. Indeed, those of you who suffer severe injuries preventing you from returning to work or forcing you to move to a lower-paying career will be the hardest hit by a construction site accident.
Therefore, I recommend investigating whether you have a personal injury lawsuit against a person, business, or government entity other than your employer under various liability theories. This lawsuit is called a third-party action.
Who Can I Sue for My Construction Accident Injuries?
Where someone other than your employer is responsible for the mishap, your construction accident lawyer can pursue claims against the following third parties:
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- Architects and engineers: The project’s architects and engineers may have breached a duty of care. An example of a breach is where a design flaw or an engineer’s failure to ensure compliance with the blueprints causes your injury.
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- Construction site owner(s): If the property owner exercises control over the job site and a site condition causes your injury, you may bring a premises liability action. For example, the owner may be liable for failing to provide safe access to the job site.
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- Driver and vehicle owner: You may have a car accident lawsuit if you were hurt in an auto crash on the job site or while traveling to or from it. The vehicle owner may also be responsible for your injuries (if it is a company or person other than the driver).
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- General contractor and subcontractors: All employers (including subcontractors) are responsible for providing workers with a reasonably safe construction site and acting to protect employees. You may seek compensation where a contractor’s failure to provide a safe workplace caused the harm. For example, if they fail to provide safety equipment such as guardrails or fall protection or where they schedule two or more subcontractors performing dangerous work to complete their tasks simultaneously.
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- Product manufacturers, retailers, and wholesalers: You can bring a claim against any company involved in the distribution chain of defective machinery.
When you file a civil action against multiple defendants for injuries in a construction accident, you will likely see the defendants blame one another.
You can use this chaos and your investigation to determine who to hold liable for the construction accident and to win your case.
What Damages Can I Recover in a Construction Accident Lawsuit?
You may recover the following personal injury damages in a construction site accident lawsuit:
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- Diminished earning capacity (loss of future earnings)
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- Disfigurement
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- Emotional distress
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- Loss of enjoyment of life
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- Lost wages
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- Medical expenses (past, present, and future)
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- Property damage
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- Punitive damages
Family members can also file a wrongful death action if the construction accident is fatal.
As you can see, construction accident lawsuits permit you to recover more damages than workers compensation claims, which shows why you must assess all your legal options.
How Long Do I Have to File a Construction Accident Lawsuit in Virginia?
In Virginia, the same statute of limitations applies to workers compensation claims and personal injury lawsuits arising from construction site accidents: two years.
However, you may have to give written notice of the construction accident to your employer within 30 days. You can use this sample work injury letter to report the accident.
What is the Average Settlement Value of a Construction Accident Claim?
The typical construction accident settlement is $60,000.00 to $400,000.00 or more in workers compensation. This amount is in addition to wage loss and medical benefits paid before the parties settle the claim.
In contrast, many construction accident lawsuits I handle in civil court settle for $500,000 or more. This higher amount shows how the ability to recover for pain and suffering can put more money in your pocket.
Further, information from other sources supports my data:
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- One source states that fifteen percent of all workers comp costs arise from injuries on construction sites.
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- Construction workers received more workers comp benefits than any other industry nationwide.
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- The average cost of claims involving roofers and carpenters who fall from elevations is $100,000 or more.
What Other Labor Laws Protect Construction Workers in Virginia?
Other federal and state laws, rules, and regulations protect construction workers in Virginia.
A defendant’s violation of one or more safety laws or rules often serves as the breach of the standard of care that you can use to win your negligence lawsuit.
OSHA
In 1970 Congress enacted the Occupational Safety and Health (OSH) Act “to assure, so far as possible, every working man and woman in the nation safe and healthful working conditions.”
This law aims to reduce workplace injuries and fatalities by creating an employer’s standard of care on the job site.
The OSH Act’s General Duty Clause
The OSH Act includes a General Duty Clause and specific standards and regulations.
Employers in the construction industry must comply with all these rules to keep employees safe and prevent them from getting injured on the job.
An employer violates the General Duty Clause when:
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- It fails to keep the workplace free from a hazard to which its employees are exposed. A hazard can be a job-site condition or a specific activity.
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- It recognizes the hazard as causing or likely to cause death or serious bodily injury. Recognition comes from industry knowledge, actual knowledge, or common sense (obvious dangers).
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- There is a feasible method to correct or remove the hazard.
An employer also violates the OSH Act if it fails to comply with any other occupational safety and health rule or regulation.
Other Things Your Employers Must Do to Ensure Safety
Further, the OSH Act requires every employer to:
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- Give information to employees exposed to toxic materials or harmful physical agents, including what corrective action the employer will take
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- Post a copy of any citation received for violating state or federal safety regulations at the job site where the violation occurred.
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- Place a Job Safety and Health Protection Poster in a prominent place
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- Report to the Department of Labor and Industry within eight hours any work-related death or within 24 hours any work-related incident resulting in an amputation, inpatient hospitalization, or loss of an eye.
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- Compile and maintain the OSHA Form 300 Log. This log records occupational injuries and illnesses, including when the injury occurred, who was hurt, what the injured person was doing when hurt, the kind of injury, and the amount of lost time.
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- Train its employees on workplace safety.
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- Provide fall protection and personal protective equipment.
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- Implement safety programs
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- Allow inspections
You can use the violation of any of these rules as the basis for your construction accident lawsuit.
OSHA’s Role in Construction Site Accidents
The Occupational Safety and Health Administration (OSHA) is a federal agency authorized to issue workplace health and safety regulations and enforce them through inspections and fines. However, in some jurisdictions, it has given control to state agencies.
Any state may submit a proposal for a workplace safety and health plan. The plan must cover all private employees and state and local government workers and be as stringent as the federal OSH Act.
OSHA has approved state plans in most states, including Virginia, North Carolina, South Carolina, and Maryland.
At a minimum, I recommend that you obtain a copy of all OSHA documents related to your employer and potential defendants.
Virginia Labor and Employment Law for Construction Site Safety
Under Virginia Labor and Employment Law § 40.1-51.1., employers must ensure worker safety on job sites.
This responsibility includes protecting workers’ health, lives, and safety. If they fail in these duties, they could be held liable for any resulting injuries.
Examples of such failures include:
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- Inadequate safety training.
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- Not enforcing proper safety protocols.
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- Allowing hazardous conditions on-site.
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- Neglecting emergency preparedness.
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- Ignoring reported safety concerns.
Use these failures to recover compensation against a third-party responsible for your construction accident.
Virginia Construction Accident Statistics
Virginia continues to grow.
A drive through any of the major population areas – Hampton Roads (Chesapeake, Hampton, Newport News, Norfolk, Virginia Beach, Williamsburg), Northern Virginia (Fairfax County, Prince William County, Loudoun County, Stafford County, Spotsylvania County, Fredericksburg), Richmond (including Chesterfield County, Petersburg, Henrico County, Goochland County, Powhatan), Roanoke, Harrisonburg, Staunton, Lynchburg, Charlottesville, Blacksburg, Danville, Bristol, and Martinsville – will show active construction projects.
These construction projects mean that, at any given moment, hundreds of Virginia construction workers are at risk of suffering occupational injuries or illnesses.
And the Virginia construction accident statistics show that these risks often become realities.
For example:
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- Approximately 223,000 people work in the construction industry in Virginia.
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- BLS data shows about 3,600 nonfatal construction injuries and illnesses in Virginia in 2022. This figure includes 2,700 injuries that resulted in days away from work, a change in jobs, or medical work restrictions.
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- That same year, the construction, extraction, and demolition injuries accounted for 59 of the 144 fatal occupational injuries statewide.
Why Should I Hire a Virginia Construction Accident Lawyer?
I will repeat it: construction accident cases often involve federal law, state law, and multiple potential defendants.
However, a skilled construction accident lawyer can guide you through all the issues derailing the ultimate goal: fair compensation that makes you whole.
A complete construction accident investigation and case preparation involves:
- Examining the job site
- Interviewing witnesses
- Obtaining and viewing any security camera footage, police records, and dashcam footage that shows the job conditions or your injury
- Identifying all potential defendants
- Reviewing contracts describing the relationships between the property owner, general contractor, subcontractors, and their employees to determine liability.
- Requesting medical records and analyzing them to learn the extent of the injuries and disability
- Compiling your medical bills and out-of-expenses
- Consulting with your doctors, surgeons, and other medical professionals to make sure you get the best treatment possible
- Working with expert witnesses to prove the facts necessary to win
- Filing a solid complaint that gives you leverage
- Using the discovery process (interrogatories, depositions, subpoenas, requests for admissions, requests for the production of documents) to get additional evidence
- Negotiating a construction injury settlement
- If negotiation is unsuccessful, presenting your case at trial using many types of evidence
- Seeking a monetary recovery through other sources.
- Answering your questions throughout the process.
My injury law firm handles all construction accident injury cases on a contingency fee basis. Therefore, you do not pay any upfront fees or out-of-pocket expenses while we work on your case. And we only get paid when we recover compensation for you.
Were You Injured in a Construction Accident in Virginia?
Recovering money through a workers compensation claim or a personal injury lawsuit can be challenging, with many moving parts.
One misstep could result in giving up your right to compensation for a construction accident injury.
You can gamble your financial future and recovery on your ability to navigate the legal system and get everything you deserve.
Or you can turn to one of Virginia’s best construction accident lawyers for help.
Email or call today if you are an injured construction worker who wants to see if we will accept representation in your case.
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