Lansing Construction Accident Lawyer

If you’ve been injured in a construction accident in Lansing, you deserve an experienced attorney on your side. You may be able to obtain significant compensation. Start with a free case review today by calling The Law Offices of Christopher Trainor & Associates.

Construction sites are bustling hubs of activity, vital to Michigan's growth and development. However, they also present significant hazards, resulting in thousands of accidents and injuries each year. Understanding the intricacies of construction accidents in Michigan is crucial for workers, bystanders, and employers.

From falls and electrical accidents to equipment malfunctions and structural collapses, construction accidents can cause severe injuries, lifelong disabilities, and even fatalities. Michigan's construction industry is governed by a complex web of regulations, including federal and state laws, industry standards, and safety protocols established by organizations such as the Michigan Occupational Safety and Health Administration.

Navigating the aftermath of a construction accident requires a thorough understanding of Michigan's legal landscape, including liability laws, workers' compensation regulations, and potential avenues for seeking compensation. Whether you're a construction worker seeking benefits for a workplace injury or a bystander injured in a construction site accident, knowing your rights and options is essential.

At the Law Offices of Christopher Trainor & Associates, our Lansing construction accident lawyers are committed to helping victims of construction accidents understand their legal rights and pursue the compensation they deserve. With our extensive experience in construction accident cases, we stand ready to advocate for you every step of the way.

If you've been injured in a construction accident in Michigan, don't navigate the legal process alone. Contact us today for a free consultation to discuss your case and learn how we can help you seek justice and fair compensation.

Common Causes of Lansing Construction Accidents

Construction sites are dynamic environments with numerous hazards that can lead to accidents and injuries if proper safety measures are not followed. The leading causes of construction site accidents in Michigan are:

• Falls: Falls are one of the leading causes of construction site injuries and fatalities. They can occur from scaffolds, ladders, roofs, or elevated surfaces that are not properly secured or protected. Failure to use fall protection equipment, inadequate training, or unstable working surfaces can contribute to fall accidents.
• Struck-by Accidents: Struck-by accidents occur when workers are struck by objects such as falling tools, materials, or equipment. These accidents can happen due to improper storage of materials, inadequate safety barriers, or equipment malfunction. Vehicles and heavy machinery operating in the vicinity of workers pose a significant risk of struck-by accidents.
• Caught-in/Between Accidents: Caught-in or caught-between accidents occur when workers become trapped or caught in machinery, equipment, or between objects. This can happen during excavation, trenching, or equipment operation if proper safety precautions, such as guardrails or lockout/tagout procedures, are not followed.
• Electrical Accidents: Electrical accidents can occur when workers come into contact with live wires, faulty electrical equipment, or exposed electrical components. Failure to properly identify and label electrical hazards, inadequate insulation, or lack of proper grounding can lead to electrical shocks, burns, or electrocution.
• Collapse Accidents: Collapse accidents involve the collapse of structures, walls, trenches, or excavations. Poor structural integrity, improper bracing or shoring, or failure to follow engineering plans and specifications can contribute to collapse accidents, resulting in serious injuries or fatalities.
• Material Handling Accidents: Material handling accidents can occur during loading, unloading, or transportation of materials on construction sites. Improper lifting techniques, overloading equipment, or lack of proper training can lead to strains, sprains, and musculoskeletal injuries.
• Tool and Equipment Accidents: Accidents involving hand tools, power tools, and heavy equipment can occur due to equipment malfunction, improper use, or lack of maintenance. Failure to provide proper safety guards, training, or supervision increases the risk of tool and equipment accidents.
• Slips, Trips, and Falls: Slips, trips, and falls can occur due to slippery surfaces, uneven terrain, cluttered work areas, or inadequate lighting. Failure to maintain a clean and organized work environment or address hazardous conditions promptly can contribute to slip, trip, and fall accidents.

Addressing these hazards through proper training, safety protocols, and enforcement of regulations is essential to preventing accidents and ensuring the safety of workers on construction sites.

What to Do If You Get Injured in a Lansing Construction Accident

If you are injured in a Lansing construction accident, it's essential to take the following steps to protect your health and legal rights:

• Seek Immediate Medical Attention: Your health and safety are the top priorities. Seek immediate medical attention for your injuries, even if they seem minor. Follow your doctor's treatment plan and attend all follow-up appointments to ensure your injuries are properly diagnosed and documented.
• Report the Accident: Report the accident to your employer or the construction site supervisor as soon as possible. Make sure the incident is documented in writing, including details of how the accident occurred and any injuries sustained. Keep a copy of the accident report for your records.
• Gather Evidence: If possible, gather evidence at the accident scene, such as photos or videos of the conditions that led to the accident, the equipment involved, and any visible injuries. Collect contact information from witnesses who may have observed the accident.
• Preserve Medical Records: Keep detailed records of all medical treatment you receive for your injuries, including hospital bills, doctor's notes, prescriptions, and receipts for medication or medical supplies. These records will be important evidence in your case.
• Notify Your Insurance Company: Notify your insurance company of the accident and injuries. Be cautious when providing statements or signing documents, and consider consulting with a construction accident lawyer before doing so to protect your rights.
• Consult with a Construction Accident Lawyer: Contact an experienced construction accident lawyer in Lansing as soon as possible to discuss your case. A lawyer can provide guidance on your legal options, help you understand your rights, and advocate for your best interests throughout the claims process.
• Follow Legal Deadlines: Be aware of the deadlines for filing a workers' compensation claim or personal injury lawsuit in Michigan. Missing these deadlines could jeopardize your ability to recover compensation for your injuries.
• Avoid Discussing the Accident: Refrain from discussing the details of the accident or your injuries with anyone other than your lawyer, medical providers, and insurance representatives. Statements made to insurance adjusters or representatives of the construction company could be used against you in your case.

By taking these steps, you can protect your health, preserve important evidence, and position yourself for a successful legal claim to seek compensation for your injuries and losses resulting from the construction accident.

Who Can be Sued for Construction Accident Injuries

Determining who you can sue for your construction accident injuries depends on the specific circumstances of the accident and the parties involved. In general, potential parties who may be liable for your construction accident injuries in Lansing include:

• Employer: If you are a construction worker injured on the job, you typically cannot sue your employer directly due to Michigan's workers' compensation laws. However, you may be eligible to file a workers' compensation claim to receive benefits for your injuries, regardless of fault.
• Third-Party Contractors: If your injuries were caused by the negligence of a third-party contractor, subcontractor, or their employees, you may have grounds to file a personal injury lawsuit against them. This could include contractors responsible for safety violations, defective equipment, or other negligent actions that contributed to the accident.
• Property Owner: If the construction accident occurred on property owned by someone other than your employer, such as a general contractor, developer, or property owner, they may be held liable for failing to maintain a safe work environment or address hazardous conditions on the premises.
• Manufacturers or Suppliers: If your injuries were caused by defective equipment, machinery, tools, or materials, you may have a product liability claim against the manufacturer, distributor, or supplier of the defective product. This could include claims based on design defects, manufacturing defects, or inadequate warnings.
• Architects or Engineers: If your injuries were caused by design defects, structural failures, or other errors in construction plans or specifications, you may have a claim against the architect, engineer, or design professional responsible for the design of the project.
• Government Entities: In some cases, government agencies or municipalities may be held liable for construction accidents resulting from negligence in maintaining public infrastructure, such as roads, bridges, or utility systems.

Determining liability for a construction accident requires a thorough investigation into the circumstances of the accident, including the actions or omissions of various parties involved. Consulting with an experienced construction accident lawyer in Lansing is essential to identify potentially liable parties and pursue the compensation you deserve for your injuries and losses.

Statute of Limitations for Lansing Construction Accident Claims

In Lansing, Michigan, the statute of limitations for filing a construction accident lawsuit varies depending on the type of claim you wish to pursue. It's crucial to be aware of these time limits, as failing to file a lawsuit within the applicable statute of limitations could result in losing your right to seek compensation for your injuries. Here are the general statutes of limitations for common types of construction accident claims in Lansing:

• Personal Injury Lawsuits: If you were injured in a construction accident and wish to file a personal injury lawsuit against a negligent party, such as a third-party contractor or property owner, you typically have three years from the date of the accident to file your lawsuit in Michigan. This three-year time limit is set forth in Michigan Compiled Laws section 600.5805.
• Product Liability Lawsuits: If your injuries were caused by a defective product, such as faulty equipment or machinery, and you wish to file a product liability lawsuit against the manufacturer, distributor, or seller of the product, you generally have three years from the date of the injury or one year from the date you discovered or should have discovered the injury, whichever comes first. This time limit is outlined in Michigan Compiled Laws section 600.5805.
• Workers' Compensation Claims: If you were injured while working on a construction site and wish to file a workers' compensation claim to receive benefits for your injuries, you must report the injury to your employer within 90 days of the accident. You then have two years from the date of the injury to file a workers' compensation claim with the Michigan Workers' Compensation Agency.

It's essential to consult with a construction accident lawyer in Lansing as soon as possible after your accident to ensure that you understand and comply with the applicable statute of limitations for your claim. An experienced lawyer can evaluate your case, advise you on your legal options, and ensure that your claim is filed within the required time frame to protect your rights to seek compensation for your injuries and losses.

Rights for Independent Contractors

If you are an independent contractor injured in a construction accident in Lansing, your legal options for seeking compensation may differ from those of traditional employees. Independent contractors are typically not eligible for workers' compensation benefits from the entity hiring them, as they are considered self-employed and responsible for their own insurance coverage.

However, as an independent contractor injured in a construction accident, you may still have the right to pursue a personal injury lawsuit against parties whose negligence contributed to your injuries. This could include the property owner, general contractor, subcontractors, or other parties involved in the construction project who may have been responsible for creating unsafe working conditions or failing to adhere to safety regulations.

To pursue a personal injury lawsuit as an independent contractor, you would need to establish that the party or parties you are suing owed you a duty of care, breached that duty through negligent actions or omissions and that their negligence directly caused your injuries. This could involve demonstrating factors such as inadequate safety protocols, failure to provide proper training or supervision, or failure to maintain a safe work environment.

It is important to consult with a Lansing construction accident lawyer who has experience representing independent contractors in personal injury cases. A lawyer can review the specifics of your situation, evaluate your legal options, and guide you through the process of pursuing a personal injury claim to seek compensation for your injuries and losses.

Additionally, independent contractors should review their own insurance coverage, including liability insurance, to determine if they have coverage that may help protect them in the event of a construction accident or injury.

Can I File a Lawsuit if I am Receiving Workers’ Comp Benefits?

In general, if you receive workers' compensation benefits for a construction accident injury in Lansing, Michigan, you may still have the right to file a lawsuit under certain circumstances. However, it's essential to understand the potential implications of filing a lawsuit while receiving workers' compensation benefits.

Workers' compensation is a no-fault insurance system that provides benefits to employees injured on the job, regardless of who was at fault for the accident. In exchange for receiving workers' compensation benefits, injured employees typically waive their right to sue their employer for additional damages, except in cases of intentional misconduct or gross negligence.

However, workers' compensation benefits do not typically prevent an injured employee from filing a lawsuit against third parties who may be responsible for their injuries. This could include parties such as property owners, contractors, subcontractors, equipment manufacturers, or other entities whose negligence contributed to the construction accident.

If you choose to file a lawsuit against a third party while receiving workers' compensation benefits, any compensation you receive from the lawsuit may be subject to reimbursement or offset against your workers' compensation benefits. This is known as the "collateral source rule" and is intended to prevent double recovery for the same injury.

Before filing a lawsuit while receiving workers' compensation benefits, it's crucial to consult with a Lansing workers’ compensation lawyer who can review the specifics of your case and advise you on the best course of action. A lawyer can help you understand your rights, evaluate the potential benefits and risks of pursuing a lawsuit, and navigate the legal process to ensure that you receive fair compensation for your injuries and losses.

Average Settlement Amount for a Lansing Construction Accident

Determining the average settlement amount for a Michigan construction accident is challenging because settlement amounts can vary significantly depending on various factors, including the severity of the injuries, the extent of liability, the insurance coverage available, and the specific circumstances of each case.

Construction accidents can result in a wide range of injuries, from minor cuts and bruises to catastrophic injuries such as traumatic brain injuries, spinal cord injuries, or loss of limb. Settlement amounts for construction accidents involving severe injuries tend to be higher to compensate the injured party for medical expenses, lost wages, pain and suffering, and other damages.

Additionally, the liability of the parties involved in the construction accident plays a significant role in determining settlement amounts. If multiple parties share responsibility for the accident, such as the property owner, general contractor, subcontractors, or equipment manufacturers, the available insurance coverage and potential for recovery may be higher, leading to larger settlements.

The insurance coverage available to compensate the injured party also affects settlement amounts. If the at-fault parties have sufficient liability insurance coverage or assets to cover the damages, the settlement amount may be higher. However, if the at-fault parties are underinsured or lack sufficient assets, the settlement amount may be limited by the available insurance coverage.

Ultimately, the value of a construction accident settlement depends on the unique facts and circumstances of each case. To determine an appropriate settlement amount, it's essential to consult with an experienced Lansing construction accident lawyer who can evaluate your case, assess the full extent of your damages, and negotiate with the insurance companies or responsible parties on your behalf to seek maximum compensation for your injuries and losses.

When the Injured Party is Partially to Blame

If you are partially to blame for your construction accident injuries in Michigan, it may affect your ability to recover compensation for your damages under the state's comparative negligence laws. Michigan follows a modified comparative negligence rule, specifically the 50% rule.

Under Michigan's comparative negligence rule:

• Pure Comparative Negligence: Michigan follows a pure comparative negligence This means victims may still recover damages even if they are partially at fault for the accident. However, their recovery will be reduced by their percentage of fault. For example, if you are found to be 30% at fault for the accident, your total compensation will be reduced by 30%.
• 50% Rule: Michigan also follows the 50% rule, which means that you can only recover damages if you are less than 50% at fault for the accident. If you are found to be 50% or more at fault, you will be barred from recovering any damages.

In cases where the injured party is partially at fault for the accident, determining fault and assessing percentages of fault can be complex. Insurance companies and defendants may try to shift blame onto the injured party to reduce their liability. It's crucial to have an experienced construction accident lawyer in Lansing who can advocate for your rights, gather evidence to support your claim, and fight to minimize your percentage of fault to maximize your recovery.

Additionally, Michigan's no-fault auto insurance system may come into play if the construction accident involves a motor vehicle. Under no-fault laws, injured parties are generally entitled to certain benefits regardless of fault, but they may still have the right to file a lawsuit against the at-fault party for damages not covered by no-fault insurance.

If you suspect you may be partially to blame for your construction accident injuries, it's essential to seek legal guidance from a knowledgeable lawyer who can evaluate your case, explain your rights under Michigan law, and help you pursue fair compensation for your injuries and losses.

Speak With a Lansing Construction Accident Lawyer

At the Law Offices of Christopher Trainor & Associates, our Lansing construction accident lawyers have the skill, experience, and resources you need to ensure you receive full and fair financial compensation for your injuries and other damages. Contact us by calling (248) 886-8650 to schedule a free consultation.