Suing for Damages in a Construction Site Accident
Construction sites are among the most dangerous workplaces, with heavy machinery, hazardous materials, and numerous workers operating in close quarters.
Accidents on these sites can lead to serious injuries. For those injured in a construction site accident, understanding their legal options for recovering damages is crucial.
In Oregon, construction workers have the right to pursue compensation for their injuries. However, the process of suing for damages after a construction site accident can be challenging, involving multiple parties and intricate legal considerations.
Here, I'll walk you through the essential steps involved in seeking compensation. If you need more information, don’t hesitate to reach out to me at Injury Lawyer PDX, LLC in Portland, Oregon.
Liability in Construction Site Accidents
Construction sites are filled with potential hazards, and when accidents occur, determining who is responsible can be challenging. Liability for a construction accident can fall on various parties, depending on the circumstances of the incident.
General contractors and subcontractors: In many cases, general contractors and subcontractors are responsible for making sure that the site is safe for workers. They must follow safety regulations and make sure that equipment is properly maintained and that workers are trained in safety protocols.
Property owners: In some cases, the property owner may be responsible for securing the safety of the construction site. If the property owner knew of unsafe conditions and failed to take action, they may be liable for any resulting injuries.
Equipment manufacturers: If an accident occurs because of faulty equipment, the manufacturer of that equipment could be held liable. Defective machinery, tools, or safety gear can contribute to serious accidents, and injured workers may be able to file a product liability claim against the manufacturer.
Third parties: Sometimes, a construction site accident may be caused by a third party who isn’t directly involved in the construction project. For example, if a delivery truck driver who isn’t employed by the construction company causes an accident on the site, that driver (and their employer) could be held liable for the injuries.
Workers' Compensation vs. Personal Injury Claims
One of the first things to understand when considering a lawsuit after a construction site accident is the distinction between workers' compensation and personal injury claims.
Workers' compensation: In Oregon, most employers are required to provide workers' compensation insurance to their employees. Workers' compensation is a no-fault system, meaning that injured workers are entitled to benefits regardless of who was at fault for the accident.
Personal injury claims: If your injury was caused by someone other than your employer (e.g., a contractor, subcontractor, or equipment manufacturer), you may be able to file a personal injury claim in addition to receiving workers' compensation.
Understanding when you can pursue a personal injury claim alongside workers' compensation is critical to maximizing your recovery. An experienced personal injury attorney can help determine the best course of action for your specific situation.
Types of Compensation Available in a Construction Site Lawsuit
When suing for damages after a construction site accident, injured workers may be entitled to several types of compensation, depending on the nature and severity of their injuries.
Medical Expenses
One of the primary forms of compensation in any personal injury case is coverage for medical expenses. This includes not only the initial treatment you receive after the accident but also ongoing medical care such as physical therapy, surgery, and prescription medications.
Lost Wages and Future Earnings
If your injury prevents you from working, you may be entitled to compensation for lost wages. This covers the income you would’ve earned during the period you were unable to work. In cases of permanent disability, where the injured worker is unable to return to their previous job or work at all, compensation for loss of future earnings may also be awarded.
Pain and Suffering
Unlike workers' compensation claims, personal injury lawsuits allow for damages related to pain and suffering. This refers to the physical pain and emotional distress that you experience as a result of your injuries. An attorney can help quantify these damages in order to maximize your compensation.
Permanent Disability or Disfigurement
In the most serious construction site accidents, workers may suffer permanent disabilities or disfigurements. If your injury leaves you with a lifelong impairment, such as paralysis or amputation, you may be entitled to additional compensation.
This compensation is intended to account for the long-term impact of your injury on your ability to work, your quality of life, and your future medical needs.
Wrongful Death
Tragically, construction site accidents sometimes result in fatalities. When a worker dies as a result of a construction accident, the surviving family members may be entitled to file a wrongful death claim. This can provide compensation for funeral expenses, loss of financial support, and the emotional trauma of losing a loved one.
Filing a Lawsuit: Steps Involved in the Legal Process
If you're considering suing for damages after a construction site accident, it's essential to understand the steps involved in the legal process.
Step 1: Consult With an Attorney
The first step in pursuing a construction accident lawsuit is to consult with an experienced personal injury attorney. Your attorney will review the details of your case, determine who may be liable for your injuries, and help you understand your legal options. They’ll also guide you through the process of gathering evidence and filing a claim.
Step 2: Investigation and Evidence Collection
In order to build a strong case, your attorney will conduct a thorough investigation into the accident. This may involve reviewing safety records, interviewing witnesses, and consulting with professionals in construction safety. Your attorney will also collect evidence, such as medical records and accident reports, to support your claim.
Step 3: Filing the Lawsuit
Once your attorney has gathered sufficient evidence, they’ll file a lawsuit on your behalf. The lawsuit will outline the details of your claim, including the parties involved, the extent of your injuries, and the damages you're seeking. In many cases, the parties may attempt to negotiate a settlement before the case goes to trial.
Step 4: Negotiations and Settlements
In some cases, the defendant or their insurance company may offer to settle the case before it goes to trial. Your attorney will negotiate on your behalf to make sure that you receive fair compensation. While settling can be faster and less stressful than going to trial, it's essential to make sure that the settlement offer fully covers your damages.
Step 5: Trial
If a settlement can't be reached, your case may go to trial. During the trial, both sides will present their evidence and arguments, and a judge or jury will determine whether you're entitled to compensation and, if so, how much. While trials can be unpredictable, a well-prepared case can lead to a favorable outcome.
Statute of Limitations for Construction Site Accident Claims in Oregon
In Oregon, personal injury claims, including those arising from construction site accidents, are subject to a statute of limitations. This means that you have a limited time to file your lawsuit after the accident occurs. In most cases, the statute of limitations for personal injury claims in Oregon is two years from the date of the accident.
Seek Legal Assistance With Me
If you’ve been injured in a construction site accident, I’ll be on your side. As a top personal injury lawyer, I go to great lengths for my clients. For the legal assistance you need, contact me at Injury Lawyer PDX, LLC in Portland, Oregon and serving throughout Clackamas County, Washington County, Multnomah County, Marion County, Lincoln County, and Tillamook County.