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:
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.
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.
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:
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.
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:
You may also negotiate a workers compensation settlement payable in a tax-free lump sum.
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.
Where someone other than your employer is responsible for the mishap, your construction accident lawyer can pursue claims against the following third parties:
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.
You may recover the following personal injury damages in a construction site accident lawsuit:
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.
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.
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:
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.
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 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:
An employer also violates the OSH Act if it fails to comply with any other occupational safety and health rule or regulation.
Further, the OSH Act requires every employer to:
You can use the violation of any of these rules as the basis for your construction accident lawsuit.
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.
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:
Use these failures to recover compensation against a third-party responsible for your construction accident.
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:
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:
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.
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.