If you work in the construction trades, you are probably well aware of the many dangers that can result in devastating injuries to those working on a construction project. Legal claims for financial compensation that arise out of construction accidents can be extremely complicated because of factors, such as the severity of injury, applicability of workers compensation law and the changing environment on a construction site. Our experienced Kansas construction accident attorneys analyze these factors below:
Severity of Injury: The construction trades have long been considered one of the most dangerous occupations. The rate of serious injury and fatalities is much higher in the construction industry than most other sectors of the economy. When construction accident victims suffer permanent debilitating injuries or a family loses a loved one, the financial hardships of a work-related injury increases exponentially. Financial recovery will be important to cover lost earnings, future diminished earning capacity and medical bills as well as to compensate one for pain and suffering and an impaired quality of life. However, the more extensive the injuries or loss, the harder insurance companies fight to avoid or minimize liability.
Workers Compensation vs. Personal Injury Law: Generally, workers compensation will be the exclusive remedy against an employer for injuries incurred during a fall, motor vehicle collision, heavy equipment accident, trench collapse or other construction site mishap. This is both a good news and bad news scenario. On the one hand, workers compensation claims do not require that you establish the injury occurred because the employer was negligent. Essentially, workers compensation will cover the claim provided the injury occurred in the “course and scope” of employment regardless of fault. On the other hand, there are many types of damages that would be available in a personal injury case that are not available through a workers compensation claim, which include pain and suffering and diminished quality of life. Our experienced Kansas construction accident attorneys investigate construction site accidents to determine if a third party, such as a general contractor, sub-contractor, heavy equipment rental company, landowner, engineer or other may have contributed to a client’s injury. We may be able to pursue a personal injury lawsuit against the third party to supplement a workers compensation claim.
Evolving Environment on a Construction Project: Because construction sites often change quickly in terms of the entities working on the site and the physical environment, potential defendants and witnesses can disappear and evidence can be altered or destroyed. When you are injured on a construction site, you should seek immediate legal advice because an experienced Kansas construction accident law firm will have the resources to promptly investigate construction accidents before evidence or relevant parties are no longer readily available.
If you or a close family member have been injured of a loved one has died in a Kansas construction accident, experienced Sedgwick County DUI construction accident attorney Bill Cummings works diligently to obtain the compensation his clients need to re-build their lives. We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can help.