The number of construction site injuries dropped by 57% between 2003 and 2019. While that’s good news, the injury rate in construction is 22% higher than in other industries.
If you work in construction, there’s a good chance you’ll have an accident on the job. You might have to contact construction accidents lawyers to help you with worker’s compensation and related issues.
You might wonder how much of a settlement you can get for your injuries. There are a lot of factors involved in a construction accident settlement.
Keep reading because this article goes over all of the factors that determine settlement amounts.
Construction Accident Settlement Amounts
Every construction accident is unique and there is no way to predict what a settlement is worth until the settlement is finalized.
If you’re hurt at work and are an employee, you’re likely to be entitled to worker’s compensation. There may be other claims to make, too. An injury involving a driver speeding through a construction zone may have an additional claim with the driver’s insurance company.
However, if you’re an independent contractor, you can’t get worker’s compensation. Many companies do misclassify workers, so you’ll have to prove that you should have been classified as an employee.
There are situations when there are several construction companies at a job site. Your accident could happen from the actions of an employee of another company. You might need to file a third-party claim.
The Extent of Your Injuries
One of the other factors that determine your settlement is the extent of your injuries. An accident that results in death will have a much larger settlement than minor injuries.
If your injuries caused you to miss work, the amount of lost income gets added to the settlement. In the case where you need to miss a lot of time from work in the future, that gets added to the settlement amount.
You need to keep track of your medical bills for everything related to the work injuries. These get taken into consideration, too.
You may receive financial damages for pain and suffering as a result of the accident. This includes physical pain and emotional pain.
Who Is at Fault?
Construction site accidents are complicated because it’s not always clear who is at fault. In some cases, a construction company fails to comply with OSHA safety standards. Other times, an equipment manufacturer is responsible because the injury was caused by a product defect.
If you’re partially at fault for the accident, that makes your settlement complicated. Some state laws say that you’re only entitled to a percentage of a settlement. Others say that if you’re partially at fault, then you aren’t entitled to anything.
Size of the Company
A company that has thousands of employees is likely to have a large insurance policy. This could result in a larger settlement, but the company will fight against it.
Mid-sized companies are likely to settle and move on. You may get a settlement offer right away. If you do, check with an attorney before you accept it. You’re probably entitled to much more than you’re offered.
Strength of Evidence
Companies of all sizes will fight against your injury claims. They don’t want a bad reputation. Their insurance companies won’t want to pay out the claims either.
Knowing that you have a potentially long fight ahead of you, you need to protect yourself. The strength of the evidence presented to attorneys will help you win a bigger construction accident settlement claim.
Steps to Ensure the Maximum Settlement
The steps you take immediately following a construction site accident determine your settlement amount. There are critical deadlines to meet to claim worker’s compensation and file a lawsuit against those responsible.
Those deadlines are called statutes of limitations. You have to report your injuries and file claims within a certain timeframe.
The statute of limitations varies from state to state. Some states say you have to report the injury immediately after an accident. Others give you up to 10 days.
You usually have about two years to file a claim, but it does vary from state to state. You lose your rights to a settlement if the statute of limitations passes.
Make sure you document who took the report and when. You may want to make additional notes of the conversation.
You also want to get a medical evaluation right after the accident. Even if you have minor injuries and you can continue working, you need an evaluation.
Don’t think that you can work through your injuries. You’ll make them worse and you won’t be able to get a settlement. Insurance companies will say that your decision to work through the pain caused your long-term injuries.
Be sure to get documentation from the doctor detailing your injuries. The more documentation you have, the better it is for your case.
Finding the Right Construction Accidents Lawyers
When should you search for construction accidents lawyers? As soon as you can following the accident. They’ll assess your case and see how strong your case is.
You’ll want to ask them about your case and what kind of settlement you can get. They won’t know for sure, but they can probably estimate the amount.
Ask them about the settlement process and timelines. You also need to be clear about how the attorneys get paid. Most don’t charge anything until you get a settlement.
There still might be costs that you’re responsible for even if you don’t receive a settlement.
Ask construction accidents lawyers about their experience with construction site accident cases and their results.
How Much Is Your Construction Accident Settlement?
There is no way to know how much money construction accidents lawyers can get for a settlement. An attorney can look at the evidence and give you a rough estimate.
Your settlement amount gets determined by a number of factors. The only thing you can control is what you do right after the accident. Document as much as possible.
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