Charleston Construction Accident Lawyer

Construction accidents are unfortunately common, with both fatal and nonfatal injuries occurring in the construction industry each year. When it comes to these accidents, hiring a Charleston construction accident lawyer is of the utmost importance.

Construction attorneys specialize in navigating the legal complexities surrounding construction accidents and ensuring the rights of the injured parties are protected.

Construction accidents can happen due to a variety of causes. Often referred to as the “Fatal Four,” falls, being struck by an object, electrocution, and being caught or crushed are the leading causes of construction worker deaths.

• Falls are one of the most common causes and can occur from elevated heights, such as scaffolding or ladders.
• Being struck by a falling object, such as tools, equipment, or building materials, can also pose a significant risk to construction workers.
• Construction sites often involve working with electricity, exposing workers to potential electrocution hazards. Failure to follow safety protocols, such as proper grounding and insulation, can lead to serious accidents. In a recent incident, an electrical shock occurred at a construction site due to faulty wiring, resulting in severe burns to a worker.
• Back-overs and “caught-betweens,” where workers are caught between or crushed by heavy machinery or objects, also occur frequently.
• Equipment-related accidents, such as being caught in machinery or getting entangled in moving parts, are another leading cause of construction accidents.
• Fires and explosions, often due to electrical or gas-related incidents, can cause severe injuries on construction sites. Finally, high lead levels can be a hazard in older buildings or during demolition or renovation projects.

The types of injuries that can occur in construction accidents are numerous, as well.

Amputations, broken bones, burns, eye injuries, hearing loss, heat stroke, and traumatic brain injuries are just a few examples of the types of injuries that construction workers may suffer. Each injury has its own unique impact on the life of a construction accident victim and may require specialized medical treatment and long-term care.

In the event of a construction worker’s death, the surviving family members may be eligible for compensation and justice through wrongful death claims.

Safety Measures and Regulations

Adhering to standard construction safety rules and protocols is crucial for preventing accidents. This includes the use of personal protective equipment (PPE), such as hard hats, safety goggles, and gloves, as well as following proper procedures.

For example, wearing a hard hat can protect a worker from head injuries caused by falling objects.

Comprehensive training and education are also essential components of construction site safety.

Workers should receive proper training on the potential hazards they may encounter and how to mitigate risks. Regular safety briefings and ongoing education help to reinforce safe practices.

Regular inspections and audits play a vital role in identifying potential hazards and ensuring compliance with safety standards. These inspections help to identify and rectify issues promptly, preventing accidents from occurring.

Regulatory compliance is crucial for maintaining safe working conditions. Organizations such as the W.V. Occupational Safety and Health Administration (OSHA) set regulations to ensure safe working conditions on construction sites.

Compliance with these regulations is essential to minimize the risk of accidents.

Steps To Take After a Construction Accident

In the event of a construction accident, it’s crucial for workers to take immediate action to protect their well-being and ensure their rights are upheld.

The next step after a construction accident is to report the incident to a supervisor or employer as soon as possible. Prompt reporting ensures that the incident is documented and necessary actions can be taken to prevent similar accidents in the future.

Seeking medical attention should be a priority for injured workers. Even seemingly minor injuries can have long-term effects, so it’s essential to have a professional assess the extent of the injuries and provide appropriate treatment.

Documenting the incident is crucial for any potential legal proceedings or workers’ compensation claims. If possible, workers should take photographs of the accident scene, collect witness statements, and document any other relevant information that can support their case.

In Charleston, workers’ compensation is the primary avenue for seeking benefits after a construction accident. Workers should file a claim through the West Virginia Workers’ Compensation Commission, following the necessary procedures. This ensures that injured workers receive the necessary medical treatment and compensation for lost wages.

Understanding Construction Accident Compensation

Obtaining fair compensation for the victim of a construction accident can be a challenging process.

Insurance adjusters often attempt to reduce the amount owed to the injured party, making it crucial to have a construction accident attorney by your side. Charleston construction lawyers play a critical role in guiding victims through the legal process, assessing the damages, negotiating with insurance companies, and protecting the rights of the injured party.

With their expertise, they can help victims receive the compensation they deserve for their injuries, medical expenses, lost wages, and pain and suffering.

Third-Party Claims and Legal Options

In certain circumstances, individuals involved in construction accidents in West Virginia may have the option to pursue third-party claims. These claims arise when the accident was caused by someone not affiliated with the company, such as a subcontractor or equipment manufacturer.

Consulting with a construction accident attorney can provide individuals with guidance on the legal options available to them. An experienced attorney can assess the details of the accident, gather evidence, and determine the viability of a third-party claim.

When pursuing a third-party claim, it’s crucial to gather evidence, documentation, and witness testimonies to support the case. This evidence can strengthen the chances of a successful outcome and increase the likelihood of receiving proper compensation for the damages incurred.

Fatalities and Wrongful Death Claims

The Bureau of Labor Statistics reported 5,190 fatal work injuries in the U.S. in 2021. Of those deaths, nearly 20% occurred in construction, second only to transportation and material handling.

Construction accidents can have tragic, even life-long consequences, including fatalities.

West Virginia’s “Actions for Injuries” (Code 55-7-6) states that when a wrongful death occurs, “Every such action shall be brought by and in the name of the personal representative of such deceased person who has been duly appointed in this state, or in any other state, territory or district of the United States, or in any foreign country, and the amount recovered in every such action shall be recovered by said personal representative and be distributed in accordance herewith.”

Experienced law firms like Forbes Law Offices can provide legal advice and representation to families seeking justice in wrongful death cases.

Worker’s Rights and Employer Responsibilities

Workers have certain rights, and employers have corresponding responsibilities to ensure a safe and healthy work environment.

Workers have the right to a safe and healthy work environment, including the right to report workplace hazards without fear of retaliation. Workers must be aware of their rights and feel empowered to speak up if they notice any unsafe conditions.

Employers, on the other hand, have the responsibility to provide a safe workplace, comprehensive training, and appropriate safety equipment to their employees. This includes ensuring that workers have access to the necessary PPE and receive proper training on how to use it effectively.

Addressing the potential misclassification of workers as independent contractors is also crucial for maintaining worker safety. Misclassification can impact workers’ compensation eligibility and deprive workers of the benefits they are entitled to.

It’s important to challenge any misclassification issues and ensure that workers are classified correctly.

Seeking Legal Assistance for Construction Accidents

In the aftermath of a construction accident, seeking legal assistance is often necessary to navigate the complex legal landscape.

Consultation with a reputable construction accident attorney can provide individuals with valuable guidance and support. An attorney can review the case details, assess the potential legal options, and provide advice on the best course of action.

During the initial consultation, it’s vital to share all relevant information and documentation with the attorney. This will help the attorney understand the circumstances surrounding the accident and determine the best approach to pursue a claim.

Many construction accident attorneys work on a contingency fee basis, meaning clients only pay legal fees if they win their case. This arrangement can provide individuals with peace of mind, knowing that they will not face an additional financial burden if their case is not successful.

Non-Worker Injuries and Responsibility

It’s important to note that non-workers, such as pedestrians or children, can also get injured at construction sites. In such cases, the person in charge of the site may be held responsible for their injuries.

At Forbes Law Offices, we can provide legal assistance to non-workers who have been injured at construction sites, helping them seek the compensation they deserve.

The Role of a Charleston Construction Accident Lawyer

Forbes Law Offices attorneys specialize in construction accident cases and offer legal advice, representation, and assistance in determining the negligent party and related compensation.

Our experienced attorneys work diligently to achieve fair settlements for their clients or represent their cases in court, if necessary. They understand the complexities of construction accident cases and are dedicated to protecting the rights of their clients throughout the legal process.

These lawyers have a deep understanding of construction accident laws and regulations, allowing them to build strong cases on behalf of their clients. They conduct thorough investigations, gather evidence, consult with expert witnesses, and negotiate with insurance companies to ensure their clients receive the compensation they deserve.

If a fair settlement cannot be reached, they are prepared to take the case to court and advocate for their clients in front of a judge and jury.

Understanding construction accident laws is crucial for the safety of workers and the community. By doing so, we can work towards creating safer construction sites. It’s essential to prioritize safety, be aware of workers’ rights, and take proactive steps to prevent construction accidents.

Should you be involved in a construction accident, promptly seeking the services of a Charleston construction accident attorney is crucial.

Whether it’s understanding common causes of construction accidents, types of injuries, or filing claims in Charleston, these lawyers have the expertise to navigate the legal complexities and protect the rights of the injured parties.

They play a vital role in ensuring justice is served and the victim of a construction accident is properly compensated for their injuries and receives the support they need.

If you have been injured in a construction accident, take action and seek legal assistance from Forbes Law Offices to protect your rights and seek fair compensation. Contact us today.