Cleveland is a booming area with many ongoing construction projects. Unfortunately, construction sites and industrial settings can be dangerous for workers. With various contractors and sub-contractors on site, safety measures are sometimes overlooked especially on heavy construction days.
If you were injured in a construction site accident, you have the legal right to pursue compensation for your medical bills, lost wages and other damages. Our Cleveland construction accident lawyers are prepared to help you file a claim and build a strong case for maximum compensation.
At Friedman, Domiano and Smith, we have the resources to thoroughly investigate your claim to build a strong case for maximum compensation. Our attorneys have successfully recovered millions on behalf of our clients. Founding partner Jeffrey Friedman is a member of the Cleveland Academy of Trial Lawyers and the Ohio Academy of Trial Attorneys.
We offer a free consultation to discuss your legal options and learn more about how we may be able to help you. There are no fees while we work on your case, so there is no risk to you.
Call 216-621-0070 to get started.
Do I Have a Valid Case for Compensation?
Determining the validity of a construction accident case is something that should be done by a qualified attorney. There are several factors that need to be weighed. First, you need to establish you suffered an injury. Our attorneys must also consider:
- Where you were injured
- What were the working conditions at the job site?
- Types of construction equipment at the scene
- Who was responsible for safety at the construction site?
- Third-party or contractor you worked for
Workers’ Compensation Claims
If you were injured while working at a construction site, you may be able to file a claim for workers’ compensation benefits. Workers’ compensation is no-fault insurance paid for by your employer, and it does not cover non-economic damages like pain and suffering.
However, workers’ compensation only applies to employees. Independent contractors do not qualify for workers’ compensation. That said, if an independent contractor’s work is regularly directed by another party, that contractor may be an employee. That means he or she may be eligible for workers’ compensation. Our Cleveland workers’ compensation attorneys are prepared to help with your claim.
Personal Injury Claims
If you are ineligible for workers’ compensation benefits, your lawyer may be able to file a personal injury lawsuit on your behalf. To do this, your lawyer needs to prove that your injuries were a direct result of someone else’s negligent actions.
Negligence is defined as acting, or failing to act, in a reasonable manner to prevent causing an injury to another person. A general contractor, subcontractor, engineer, product supplier, product manufacturer, or another party involved in the construction site may have contributed to your injuries.
In a personal injury case, your lawyer can seek full compensation for all damages you suffered, including pain and suffering. This is in addition to medical expenses, lost wages, lost earning capacity and more.
Wrongful Death Lawsuits
Family members of construction accident victims who succumb to their injuries may be able to file a wrongful death claim to recover compensation for funeral and burial costs as well as other damages associated with the accident.
During our free consultation, our attorneys can help determine the validity of your claim and what type of case you may have. This is important to establish your legal options.
Call today to schedule a free consultation: 216-621-0070.
Types of Construction Accident Claims We Take On
There are a wide variety of construction accidents, but some are much more common than others. For example, construction-related deaths are often caused by:
- Falls off things like scaffolds and ladders
- Getting caught between pieces of heavy machinery
- Getting hit by an object that falls from height
Sometimes these accidents are not fatal but result in serious injuries. Some of the other types of accidents that often occur on construction sites include:
- Collapsing trenches
- Vehicle crashes
- Malfunctioning machinery
- Slips and falls
- Spills of toxic chemicals
These and other accidents can result in severe injuries that could affect victims for a long time. This may include spinal cord injuries, traumatic brain injuries, severe burn injuries, broken bones and other injuries.
Our firm takes on construction accident cases involving a wide range of accidents and injuries.
Who May Be Liable for My Damages?
There are multiple parties that may be liable for your damages in a construction accident case. Some of these parties include:
- Site owners/operators – The owner or operator of a site may be liable if someone was injured at the construction site due to failure to follow safety regulations. They could also be held liable for dealing with hazards on the property.
- Engineers and architects – These individuals are responsible for eliminating or reducing design flaws that could result in a safety hazard.
- Manufacturers or suppliers – Companies that supply machinery, tools and other equipment and may be liable if there are design defects that result in an injury.
- Contractors and sub-contractors – These parties are required to properly train employees and monitor their employees to make sure they adhere to federal and state safety regulations.
In some cases, more than one party may be liable for the same accident and injuries. Our attorneys are dedicated to thoroughly investigating every case we take on to ensure we are pursuing compensation from all liable parties to maximize compensation.
How is the Construction Industry Regulated?
At the federal level, the construction industry is regulated by the Occupational Health and Safety Administration (OSHA). There are various regulations on construction sites meant to reduce the risk of an accident, including regulations about safety with scaffolding, stairways, slippery surfaces, holes in the floor and limiting what workers carry while on ladders.
If any of these regulations were violated and it resulted in an accident, the construction company or other parties may bear liability for damages. Our experienced Cleveland construction accident lawyers know how to investigate an accident to determine if regulations were not followed.
How Much is My Case Worth?
Every construction accident case is different, so it is difficult to determine exactly how much a case is worth without knowing all the facts. Cases can range in value depending on the severity of your damages and what party or parties are liable.
Depending on the type of case you have, you may be able to pursue compensation for economic and non-economic damages such as:
- Hospital stays
- Transportation in an ambulance
- Doctors’ visits
- Physical therapy
- Chiropractor visits
- Lost wages
- Pain and suffering
- Funeral and burial services
- Medical equipment
- In-home care
- Future medical costs
- Lost companionship
In some instances, you may be able to recover compensation for punitive damages if you can prove the liable party’s actions were grossly negligent or there was intentional wrongdoing. For example, you may be eligible for punitive damages if you suffered an injury due to something that was proven to be unsafe, yet your employer did not deal with it.
What Should I Do After the Accident?
The most important thing to do immediately after the accident is seek medical attention. A medical professional will be able to help stabilize your injury and prevent further damage. Seeking treatment right away also helps establish a direct link between your injuries and the accident, which can help strengthen your claim for compensation.
You should also report the accident to your employer right away. You may be eligible to file a workers’ compensation claim and if so, it is best to tell your employer right away. Reporting right away can get the process started quicker. Even though you have a full year to file a workers’ comp claim, that time can pass quickly. If you wait, the insurance company may try to deny your claim by saying you were injured outside of work.
If you are able, you should try and collect evidence from the accident scene, such as pictures of the conditions on the site on the day of the accident. Additionally, you can try and get contact information from your coworkers and others who witnessed the accident.
It is also important to call a lawyer right away to discuss your legal options. The sooner you call a lawyer to validate your claim, the sooner he or she can start pursuing compensation for your damages.
What if My Employer Disputes My Workers’ Compensation Claim?
If your employer is disputing your claim, there may be several reasons why including:
- Missed filing deadline
- Injury is unrelated to your work
- Injury occurred while you were not working
- You were under the influence of alcohol or drugs at the time
Fortunately, you may be able to appeal a denied claim. This is something to talk to an experienced lawyer about.
Is There a Time Limit to File a Lawsuit?
There is a one-year statute of limitations for workers’ compensation claims. If your case does not include a workers’ compensation claim, there is a two-year statute of limitations for filing a lawsuit.
For example, if someone walks by a construction site and gets hit by falling debris, he or she may have a valid lawsuit, but not a workers’ comp claim. If a sub-contractor gets injured as the result of the actions of a third party that is not his or her employer, there is no workers’ compensation claim. However, the subcontractor may be able to file a lawsuit.
It would be on your best interest to discuss the time limit for filing a lawsuit with a knowledgeable attorney as soon as possible.
Once the deadline passes, you cannot file a lawsuit to recover compensation. As it takes time to prepare a lawsuit, it is best to call a lawyer right away. You want to give your lawyer as much time as you can to investigate and gather evidence. You may have multiple claims to file, so you want your lawyer to have plenty of time.
Call Friedman, Domiano and Smith Today
If you were injured or lost a loved one in a construction accident, you should strongly consider seeking legal representation as soon as possible to pursue compensation for your medical bills, lost wages and other damages.
Our attorneys have decades of experience helping injury victims like you, and we have successfully recovered millions on behalf of our clients.
Construction accident cases are complex and hiring an experienced lawyer helps to level the playing field. The Cleveland construction accident lawyers at Friedman, Domiano & Smith have the resources and legal knowledge to build a strong case and manage every step of the process on your behalf.
There are no upfront fees for our services. The initial consultation is also free and comes with no obligation to take legal action.