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Construction Injuries: Let the process begin

By Megan Roth

It's somewhat ironic how the economy is crumbling around us and buildings continue to go up (each one higher than the next, it seems).

It's true – the construction industry has exploded and, though it has experienced some cuts in result of economic woes, it's currently one of the top job providers in the U.S. Yet, as fortunate as this is, it also has its downfalls – number one being the fact that, as the industry develops, so does the list of lawsuits related to it.

Construction is an inherently risky business and is actually one of the three most dangerous occupations in the U.S. (as well as the fifth highest industry for workers' compensation claims). Regardless of how ‘safe' a site is, the risk for accidents are always there (thus putting workers at increased risks for injury).

In fact, according to OSHA, over 1000 construction workers will die (and many more will be incapacitated from work-related incidents that could and should have been avoided).

'It's a matter of training, knowing and doing…of supervision being provided with the proper tools to do the job,' a New York attorney stated.

Yet, many preventable accidents will occur and have long-term consequences (both physically and financially) on the injured parties; in addition to the extensive injuries that can be incurred, some will suffer permanent work loss, which can be detrimental to both your and your family's well-being.

And though injuries occurring on a construction site often qualify parties for workers' compensation, the monetary award generally doesn't cover the entire cost of the accident (as the financial burdens are often quite high and can actually exceed the amount allotted in a workers' comp claim).

What's worse? Such cases often take weeks, months – even years – to get started. Simply preparing the claim is quite time-consuming and, even once that's completed, legal staff for both parties will have to analyze the claim before negotiations begin.

Your lawyer will deal with all the legal issues, of course; however, you (the victim) must keep yourself afloat financially while he/she works through the logistics.

If you are unable to work (as advised by a doctor), you should be entitled to some form of temporary total disability benefits (there are laws and provisions governing what amount this will be). From there, your disability coverage and long-term benefits will be determined by the legal parties and governing agent involved.

Even when it seems blatantly obvious the construction company is liable, their representation may attempt to defend such claims, making trials lengthy and drawn-out; thus, it's often necessary to reach a presettlement agreement before the case even begins. After all, this may be your only option for even short-term financial survival (as medical care, loss of work and prescription drugs combined can build huge piles of debt in just a few days).

Originally posted at InjuryBoard by Megan Roth

Full post as published by Des Moines Personal Injury Lawyer on April 16, 2009 (boomark / email).