Biloxi Construction Accident Lawyer
It is no secret that construction sites are full of potential hazards for both workers and passers-by. According to the Bureau of Labor Statistics, over 300,000 injuries and over 1,000 deaths occur at construction sites every year. But despite their danger, construction projects are necessary to urban development and building maintenance.
Construction companies are required to protect their workers by providing them with ample protection and thoughtful planning. But accidents do happen, and while some occur under perfectly adequate safety conditions, others result from faulty equipment, defective materials, or employee carelessness. When negligence leads to injuries at a construction site, a Biloxi construction accident attorney could help victims seek full and fair compensation for their injuries. To learn more or discuss your case in detail, schedule a free consultation with a qualified personal injury attorney at our firm today.
What are the Types of Construction Accidents?
Towering heights and powerful, destructive machinery are just two factors that can contribute to the often-extreme injuries associated with construction sites. Common types of construction accidents and injuries that warrant the attention of a Biloxi construction accident lawyer include the following:
Caught in/under/between—One or more body parts becomes stuck, pinched, crushed, or squeezed in or by equipment, machinery, or a structure.
Fall from a height—A worker falls off a ladder, scaffold, roof, or other elevated structure.
Same level fall—Slips, trips, or falls onto non-elevated surfaces.
Struck by/against—A worker (or his or her body part) collides with machinery or equipment, or a falling or moving object strikes a worker.
Motor vehicle accidents—Accidents involving construction vehicles, or traffic accidents that occur at or around construction sites.
General musculoskeletal injuries—Damage to the legs, knees, ankles, feet, back, neck, or arms that workers sustain due to overexerting, kneeling, squatting, lifting, overextension, awkward postures, hand pinching/gripping/vibration, or other repetitive motions.
Compensation for Construction Injuries
Construction workers injured on the job are eligible for workers compensation benefits. But when injuries occur due to negligence (or suspected negligence) of a third party other than the employer, or are the result of intentional wrongdoing, victims may be able to obtain further compensation. Additionally, victims of the most serious injuries, such as the following, often qualify for disability benefits.
- Traumatic Brain Injuries/head injuries
- Cumulative traumas
- Spinal cord injuries
- Severe wounds
- White Finger Syndrome
- Wrongful death
Who is Liable for Injuries Sustained on Construction Sites?
Accidents that occur on construction sites are unfortunately common in Biloxi. Due to this, all construction companies have a requirement to obtain a workers’ compensation insurance policy.
These policies perform dual functions. The first is to give injured workers a way to pay for medical care and claim lost income reimbursement after a workplace injury. To accomplish this, they must notify their employers of the accident and attend medical appointments.
The second function is to shield employers from direct liability for an accident. Except in cases involving intentional harm or gross negligence, an employer is never liable for a workplace injury. Workers’ compensation insurance companies are always liable for a workplace injury. However, the amount of compensation that can be recovered is limited by Mississippi’s workers compensation laws.
But if the injury was caused or contributed to by a third party, that party can be held liable in a civil claim for the full and fair amount of compensation necessary to address the injured persons harms and losses. A skilled Biloxi construction injury attorney can help determine whether there is any third party liability, and recover all available compensation to fix what can be fixed.
A Construction Worker has a Limited Time to Pursue Payments
The burden for initiating a construction accident workers’ compensation claim falls on the injured employee. This serves the purpose of alerting the employer to the fact that an injury has occurred and to make note of the source of the injury. Ideally, a worker will provide written notice to a human resources representative, although verbal notice may be enough.
Mississippi Code §71-3-35 gives workers 30 days to notify their employers about the incident that led to the injury. If they fail to do so, the insurance company that administers the plan may legally deny benefits without an investigation.
In addition, if an insurance company has not provided benefits within two years of the date of the injury, and the worker has not applied for relief with the state, the case will also fail. A Biloxi construction accident attorney could help to satisfy the timing requirements involved in seeking workers’ compensation payments.
If there is third party liability, the claim will usually have to be filed against the third-party defendant within three years from the date of injury. However, if the third-party defendant is a governmental entity, the claim will have to be initiated within one year.
File an Accident Claim with a Biloxi Construction Accident Attorney
Have you suffered injury at a construction site and need to speak to a personal injury lawyer in Mississippi? We can help. After a serious personal injury, financial loss, or insured loss, you need a Biloxi construction injury lawyer who knows how to present your best case in court. Van Cleave Law can begin to evaluate your case today. Schedule a free consultation now.