Has an injury from a construction accident caused you financial hardship? The Law Offices of Christopher Trainor & Associates can help you get the compensation you deserve.
In Livonia and across the country, construction accidents are an awful reality. Are you a dedicated construction worker who had a life-altering job injury? If so, you might be feeling overwhelmed and insure of how to get the help you need. Your medical bills are mounting, your savings and checking accounts are decreasing, and you've missed work days. You are not sure how you will continue to pay your bills.
The good news is, you do not have to go through this alone. You can get the help you need to avoid serious financial strain. At Christopher Trainor & Associates, we have a Livonia construction accident lawyer who can help you get the compensation you are entitled to. For a free consultation, call 248-886-8650 or send us an email.
Common Construction Accidents
Livonia is continually investing in new construction projects for its citizens. With new building projects, construction workers face potential injury incidents like the following:
Trips and Slips: Uneven floors, wet flooring, and jumbled construction materials can cause trips, falls, and slips for workers.
Electrocutions: When using power tools or other equipment that unintentionally comes into touch with an electrical source, workers risk getting electrocuted.
Machinery Accidents: These can include mishaps with heavy machinery used in construction, such as cranes, bulldozers, and forklifts, particularly regarding incorrect use or maintenance.
Falls: One of the main ways that people get hurt on construction sites is by falling from roofs, ladders, scaffolding, or temporary flooring.
Captured-in/Between: This describes situations in which laborers are struck, captured, or crushed in collapsing structures, equipment, or material, or they are caught in or compressed by said equipment or materials.
Struck-by Incidents: These comprise getting struck by things that are rolling, swinging, falling, or flying. Common offenders include large machinery and unguarded tools or materials.
Trench Collapses: An excavation or trench collapses due to insufficient or incorrect shoring. This might crush or bury the workers.
Overexertion and Heat Stress: Working physically in hot weather can result in overexertion injuries, heat exhaustion, heatstroke, and other heat-related disorders.
Explosions and flames: On building sites, flammable materials, leaking pipes, and malfunctioning electrical equipment can cause explosions and flames.
Exposure to Hazardous Materials: Substances that pose a significant risk to one's health, such as asbestos, lead, and chemical solvents.
Roads, buildings, and businesses require extensive construction work. Unfortunately, this increase in construction activity heightens the risk of worker accidents. If you have sustained an injury at work, consider consulting with a Michigan construction accident lawyer who can assist you in pursuing compensation for accident-related medical costs.
Reasons Why Construction Accidents Occur
According to the Occupational Injuries and Illnesses Michigan Survey, there were approximately 3,500 construction-related workplace injuries and 100 illnesses in Michigan in 2022. Industry regulations and safety standard enforcement are under the Michigan Occupational Safety and Health Administration (MIOSHA). Accidents still happen despite attempts to ensure construction safety for every project. The following are the causes of injuries to site workers:
Human error: Errors brought on by distraction, poor judgment, or disregard for established procedures are frequently the root causes of workplace incidents.
Dangerous Working Conditions: These mishaps include exposed electrical lines, working at heights without appropriate fall protection, and poor trench securing.
Environmental Factors: Rain, snow, and extremely high or low temperatures can all impact safety, particularly regarding slick or unstable surfaces.
Exhaustion: Physically taxing jobs and extended work hours can cause weariness, lower attentiveness, and impaired judgment.
Not Wearing Personal Protective Equipment (PPE): The risk of harm rises when safety gear, such as helmets, gloves, and eye protection, is not used.
Mechanical Failures: Defective or poorly maintained equipment can malfunction and result in dangerous accidents.
Poor Site Management: Untidy work environments, safety precautions, and planning lead to dangerous situations.
Inadequate Instruction: Accidents can result from insufficient instruction on the proper use of equipment, safety precautions, and hazard identification.
Disregarding Safety Procedures: Ignoring safety measures in favor of speed can result in hazardous circumstances.
Absence of Regular Safety Inspections: Dangerous conditions may result from a failure to perform routine inspections to guarantee adherence to safety regulations.
Communication Failures: Misunderstandings leading to incidents can arise from poor or nonexistent communication on dangers, plan modifications, or safety precautions.
Rushing and Cutting Corners: Employees may neglect safety to fulfill deadlines, raising the possibility of mishaps.
The construction industry has implemented many preventative measures to keep workers safe, such as machine guards, safety training, and personal protective equipment (PPE). Accidents can still occur on construction sites even in the best circumstances. If your injuries resulted from another party's negligence, get legal advice from a skilled construction accident attorney.
How Construction Law Relates to Personal Injury Cases
Construction law encompasses the regulations, requirements, and legal precedents related to the construction industry. This field of law often intersects with personal injury law, particularly when accidents occur on construction sites. Here’s how they are related:
Worker's Compensation: Employees injured on construction sites are typically covered under worker's compensation laws, which provide benefits regardless of fault.
Third-Party Claims: In some cases, injured workers may file personal injury claims against third parties (e.g., equipment manufacturers and subcontractors) if their negligence contributed to the injury. Construction law helps establish the liability of these third parties.
Negligence and Liability: Personal injury cases in construction often focus on proving negligence. Construction law determines if safety protocols were followed and whether any party failed in their duty of care, causing the injury.
Premises Liability: If a construction site accident involves non-workers (e.g., visitors or pedestrians), premises liability laws come into play. Construction law dictates the responsibilities of site owners and contractors to ensure the safety of the premises.
Product Liability: Product liability law applies if defective construction materials or equipment cause injuries. Construction law overlaps by addressing the standards and regulations that manufacturers and suppliers must adhere to.
Regulatory Compliance: Failure to comply with safety regulations can lead to personal injury claims. Construction law ensures adherence to OSHA standards and other regulations, reducing accident risks and liability.
How to Start a Workers' Compensation Claim
In 1912, Michigan passed Section 418.301 of the Workers' Disability Compensation Act. This law mandates that most employers provide workers' compensation insurance for employees who are sick or injured at work. For injured construction workers, the following is general advice on how to submit a claim:
Report the Injury: Notify your supervisor of the injury right away. This notification must be sent within 90 days of the accident, per Michigan law. To prevent delays with your claim, taking these steps as soon as possible is advisable. Fill out a WC-100 form, Employer's Basic Report Injury.
Seek Medical Attention: Get the treatment you need for your wounds. You can see any doctor for the first 28 days of your treatment. After that, you can be required to see a healthcare professional of your choosing by your employer or by their insurance.
Employer Notification: After you report an injury, your employer must notify its workers' compensation insurance provider about the accident. Insurance companies also have reporting deadlines, so this should be completed as soon as possible.
Employer Files Claim: The Michigan Workers' Compensation Agency usually receives the claim from your employer's workers' compensation insurer. This filing should be sent to you in a copy. File a WC-117 if your employer chooses not to file a claim.
Decision of the Insurance Company: After reviewing your claim, the insurance company will determine whether to accept or reject it. They ought to give you a formal written explanation of their choice.
Get Benefits: If your claim is granted, you will be compensated for missed wages, medical bills, and rehabilitation expenditures.
If Your Claim is Rejected: If your claim is rejected or you think the benefits aren't correct, you can appeal the decision. You might require an "Application for Mediation or Hearing" form from the Michigan Workers' Compensation Agency. Seeking the advice of a workers' compensation lawyer can help you navigate this process and safeguard your rights.
Ongoing Case Management: Further filings, medical exams, and negotiations may be necessary, contingent on the extent of your injuries and the complexity of your case.
Injured workers should consult a Livonia construction accident lawyer for legal advice. They can provide comprehensive support tailored to the specifics of your case.
What Constitutes a Personal Injury Claim?
When an injured construction worker in Michigan decides to pursue a personal injury claim instead of or in addition to a workers' compensation claim, there are a few key things to consider.
Workers' Compensation and Personal Injury Claims Differ
A Livonia personal injury claim entails suing a third party whose carelessness may have harmed you. This can be a manufacturer of equipment, a subcontractor, or another party not covered by workers' compensation insurance via your employer.
Workers' compensation aims to cover medical expenses and lost wages for accidents incurred on the job, regardless of who is at fault for your injuries.
Determining Negligence
You must demonstrate that another person was careless and that your harm was directly caused by their carelessness for your personal injury claim to be successful. To prove they had a duty of care, you must be able to demonstrate that they violated that obligation, which resulted in your injuries.
The Statute of Limitations
After the accident, you have up to three years to file a personal injury case. You won't likely be able to pursue your claim in court if you miss this deadline.
Rules of Comparative Fault
The "modified comparative fault" rule is applied in Michigan. As long as you are not more at fault than the other party, you can still recover some compensation. However, your award may be lowered if it is determined that you bear some of the blame for your injuries. You cannot file a lawsuit for compensation if you are fifty percent or more at fault.
Example
An example of a potential application of Michigan's comparative fault system to a scaffolding accident in construction is as follows:
A man named Elijah was on a scaffolding at a construction site in downtown Livonia. He was working when he tripped over an exposed plank and fell, badly hurting himself. According to an investigation, the scaffolding was put up by a subcontractor who neglected to fasten a few planks correctly.
Elijah sued the subcontractor for personal injury, saying that his injuries were the result of their carelessness.
Conclusions of the Court:
Elijah's Negligence: Despite having undergone safety instruction, the court also determined that Elijah was 20% at fault for failing to verify the scaffolding's security before going on it.
Negligence of the Subcontractor: The court held the subcontractor to be 80% responsible for the accident due to their failure to assemble scaffolding under the established safety procedures.
The result of the construction litigation case:
Elijah is still entitled to compensation because it was determined that he was not more than 50% to blame for the incident. But his percentage of fault would be deducted from his payout. Elijah would get $80,000 if $100,000 was the total damages awarded (i.e., $100,000 less 20% attributable to his fault).
This illustration shows how Michigan's comparative fault rule can reduce a plaintiff's award if they are partially responsible for their injuries.
Available Damages
You may pursue damages in a personal injury case that are frequently greater than those covered by workers' compensation. Among them may be complete payment for the following:
Pain and Suffering: Reimbursement for the pain, suffering, and emotional distress you have experienced due to your injuries. This compensation covers your current and future hardships.
Emotional Distress: Cover the cost of therapy for psychological side effects from your wounds, such as depression, anxiety, and PTSD.
Impaired Ability to Enjoy Life: This damage covers any negative impact on your quality of life, such as when a workplace injury prevents you from engaging in activities and interests you used to enjoy.
Lost salary: You will be compensated for lost pay from the time you were unable to work due to your accident, as well as any future income you could have missed if your physical handicap prevents you from returning to work.
Medical Expenses: Coverage for past and future accident-related medical expenditures, such as hospital stays, surgeries, prescription drugs, and rehabilitation services.
Parties who have been harmed may, in rare cases, seek punitive damages. This remedy applies to situations where there has been severe carelessness or misconduct. Courts typically award substantial damages only in wrongful death cases.
Do you think you need to file a personal injury lawsuit? It's worthwhile to speak to a Livonia construction accident attorney about your circumstances. They can assist with evidence collection, negotiate with insurers and defendants, and provide legal representation for a court trial if needed.
Wrongful Death Construction Accident Cases
The Bureau of Labor Statistics often lists the construction industry as having one of the highest rates of fatal work injuries. According to the most recent statistics from 2021, there were roughly 1,008 fatal injuries in the country's construction sector. This accounts for almost 20% of all fatalities in private industry due to labor.
According to Michigan law (Mich. Comp. Laws Section 600.2922), someone dies unlawfully if they are the victim of someone else's negligence, irresponsibility, or willful misconduct.
The action must be filed by the personal representative of the deceased person's estate. The court appointed this person to handle the estate's legal affairs, including filing wrongful death lawsuits. The recipients of any judgment from the litigation, even though the personal representative files the complaint, are usually the following, as determined by a judge:
Spouse
Offspring
Guardians
Parents
Siblings
Stepchildren
The person filing the action or the plaintiff must demonstrate that the negligence or wrongdoing of another party caused the death. It must also be shown that the death caused losses for the surviving members of the deceased person's family.
Pain and Distress: Financial compensation for the mental and bodily suffering of the departed. In addition to the emotional pain that grieving family members experience.
Loss of Monetary Support: This compensates benefits and income, as well as future wages, that the deceased would have provided for the surviving family had they lived.
Funeral and Burial Expenses: Compensation for the the cost of the deceased person's burial, funeral, or cremation services.
Loss of Consortium: Restitution for the companionship, support, and advice the deceased would have provided to their spouse, children, or other family members.
Has a member of your family passed away in a workplace accident? Consider getting legal counsel from a Livonia construction accident attorney who is understanding and experienced. We can support you as you work toward justice and resolution.
Potential Liable Parties for Construction-Related Accidents
For a successful construction accident case, liable parties must be identified to pinpoint who pays damages to the injured worker or their family. The following is a list of parties who could potentially be at fault.
Construction Company or Property Owners: The business owner and landowner may be held accountable for construction accidents depending on their control over the work. They can be responsible if they participated in the construction, knew of a hazard, and failed to inform the contractors.
Subcontractors and General Contractors: They uphold safety procedures, provide workers with sufficient training, supply the required safety gear, and ensure all tools and machinery operate well. They may be held accountable if an accident results from neglecting these obligations.
Coworkers: In rare circumstances, a coworker may be held personally accountable if their deliberate conduct or egregious negligence causes an accident. However, workers' compensation covers most worker-related injuries, which usually means that suing a coworker is out of the question.
Construction Managers: These professionals oversee the job and have a direct hand in maintaining site safety. They may be held accountable if their carelessness in overseeing safety precautions and procedures results in an injury.
Equipment Manufacturers: Under product liability laws, manufacturers that provide equipment that malfunctions or is defective may be held accountable if their equipment causes a construction accident. Anybody participating in the manufacturing or distribution cycle is included in this.
Third-Party Vendors and Suppliers: Vendors and suppliers on the building site may also be held accountable if their goods are faulty or if they fail to give proper instructions or warnings about how to use products properly.
Engineers and architects: If a construction accident is caused by a design flaw or a disregard for safety guidelines in the design, engineers and architects may be held accountable. They must ensure their plans are safe and adhere to all legal requirements.
Need help? Count on Us for Your Construction Accident Case.
Accidents frequently occur at construction sites in Livonia and throughout Michigan. There are hazards everywhere, from scaffolding collapses to unsafe road construction projects. If you or a loved one has been affected by a constrution accident, let the Law Offices of Christopher Trainor & Associates help.
For decades, we have been serving those who live and work in Lovinia. We know how life-altering it can be when you or a family member gets seriously injured on the job site. Our Livonia construction accident lawyers are here to help you get fair compensation, ensure you get the best medical care and access to specialists for your injuries, and avoid facing financial fallout due to lost wages during recovery.
We take all construction accident cases on a contingency fee basis, meaning you will never have to pay us an hourly rate, nor will you be expected to be a retainer when you hire us to take your case. Instead, we will discuss our rate which will be a percentage of your final payout. And of course, if we are unable to secure compensation for you, you will owe us nothing.
Email or call 248-886-8650 to our law office to schedule a free consultation.
