Top Reasons You Need a Construction Accident Attorney
Legally Reviewed and Edited by: Terry Cochran
Construction sites are among the most dangerous work environments in the country, with the possibility of injuries caused by falling objects, dangerous or defective equipment, and slips and falls common. In the year 2019/20 construction workplace deaths rose to 40 from 31 the previous year.
Unfortunately, many of the injuries sustained on job site accidents, including traumatic brain injuries, loss of limbs, and spinal cord injuries are serious enough to cause the victim significant financial and emotional distress besides their physical suffering. While hiring a construction accident lawyer cannot undo the accident itself, it can make getting your rightful compensation significantly easier.
Workers’ Compensation Doesn’t Guarantee a Fair Settlement
In the state of Michigan, the law requires all employers to hold workers’ compensation insurance. This insurance protects both the employee and employer since the insurance companies provide the victim of a workplace accident with financial support to cover their losses, such as medical expenses and lost wages, rather than the employer.
However, insurance companies don’t like to pay out large sums of money and inevitably make a low initial offer. Many people, still reeling from the repercussions of their accident, accept these offers, despite them being unreasonably low. If you have a construction injury lawyer, you have someone fighting in your corner who is experienced at getting victims the workers’ comp they deserve.
Insurance Companies Will Try to Disprove Your Claim
Many injured construction workers don’t receive a settlement offer at all since insurance companies dispute their claim. Insurers work hard to prove that your injuries were caused by your own negligence, that they are less serious than you claim, or that they didn’t happen at work.
Without a skilled personal injury attorney, you may struggle to substantiate your claim.
Your Treatment Can Be Delayed by Insurers
In the same way that insurance companies offer a low settlement in order to save themselves money, they can also deny, or take a long time to approve, costly medical procedures such as surgery.
Delays in your medical treatment could be detrimental to your recovery, but victims of workplace injuries are often not in a position to put pressure on insurers in the same way an accident attorney can.
Independent Contractors Aren’t Eligible for Workers’ Compensation
It is not uncommon for people who have suffered a construction site accident to find out after the fact their employer has classified them as an independent contractor as opposed to an employee. This could make the injured party ineligible for workers’ comp. However, if you believe your employer falsely classified you as an independent contractor, you should dispute their claims to qualify for their workers’ comp insurance.
Unlike employees, independent contractors can sue their employers for an accident. Filing a legal claim for a workplace accident is even more complicated than seeking worker’s compensation, and your best chances of receiving damages to cover costs such as medical bills, pain and suffering, or wrongful death, is hiring an attorney.
You May Be Entitled to More Than Just Workers’ Comp
Although employees cannot sue their employers for injuries suffered at work, you can sue a third party like an independent subcontractor or an equipment manufacturer, if you believe they are liable for the accident.
There are also some accident cases where the employee may file an additional lawsuit against the employee, including if the employee’s conduct was egregious and intentional. If your employee, supervisor, or co-worker knowingly harmed you, either through intentional action or inaction, and this directly caused your injuries, you may be able to receive more than workers’ compensation.
However, proving that intentional, egregious behavior caused your workplace injuries is an incredibly complex process that requires the knowledge and expertise of an experienced personal injury attorney.
Schedule a Free Consultation Today
Have you or someone you love has been injured in a construction site accident? Hiring a construction accident attorney will help you gain the compensation you deserve and make this stressful experience significantly easier.
At Cochran, Kroll & Associates, P.C., we ensure that people who have been hurt at work, whether they have construction injuries or involved in a work-related car accident, receive the highest rate of compensation possible. Call our law offices today at 1-866-MICH-LAW to schedule your free consultation today.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.