People who work in construction perform physically demanding and often dangerous jobs. When employers or certain third parties are negligent, serious accidents and injuries may occur.
Construction projects tend to be large, with numerous workers performing multiple tasks and jobs. Accidents can happen in innumerable ways, but falls, defective tools, and getting stuck between heavy objects are common. If you were injured, you should take legal action to get compensation. While Workers’ Compensation covers some workers, others are not, and a lawsuit might be necessary. If you sue for damages, your employer or third parties, like manufacturers of defective products, may be held liable. Damages may include economic losses for medical expenses, lost wages, and more. You may also claim non-economic injuries such as pain, suffering, humiliation, and damage to your reputation.
Construction workers risk their safety when they go to work every day, and an injury could cost them their livelihood. Our Knoxville, TN construction accident and injury attorneys can help you file a lawsuit against the person or people who caused your injuries. For a free case review, call Howe Law at (844) 876-4357.
Typical Causes of Construction Accidents and Injuries in Knoxville, TN
It is crucial that you discuss how your accident happened with an attorney. Knowing exactly how the accident happened helps our Knoxville, TN construction accident and injury attorneys determine who should be held liable. Construction accidents may result from numerous possible causes, but several are more common than others.
Falling accidents are some of the most common accidents on construction sites. Workers often work from very high places like ladders, scaffolding, and roofs. Workers often work in high-risk areas, like a second or third floor of a building where windows have not yet been installed. Unsteady equipment or tripping over a mess that should have been cleaned up might cause a serious falling accident.
Another common way construction workers are injured is when they are stuck between heavy objects. These accidents, sometimes called “caught-betweens,” can be disastrous, and workers might be crushed. In many caught-between accidents, workers are pinned to the wall by heavy machinery, like a forklift. These accidents are more common on construction sites where heavy machinery and heavy objects like pallets of heavy building material are present.
Defective tools and machinery also cause numerous construction accidents. Construction workers rely on their tools to do their jobs. Many of these tools are very powerful and may become dangerous if defective. A defective power tool might lead to severe injuries, even if the injured worker did everything right.
Taking Legal Action for Construction Accidents in Knoxville, TN
Injured construction workers might have a couple of options for legal action after an accident. In some cases, workers are covered by Workers’ Compensation. While Workers’ Compensation might pay for various economic damages, you are barred from filing a lawsuit. A lawsuit may help you recover economic and non-economic damages if Workers’ Compensation does not cover your case.
The Workers’ Compensation system is designed to help injured employees pay for economic damages after an on-the-job injury. The good news is that you usually do not have to prove fault to file a claim. The bad news is that, according to T.C.A. § 50-6-108(a), injured employees have no other legal options, and a lawsuit against an employer is categorically barred.
Many construction workers are covered by Workers’ Compensation even though they might not fit the legal definition of an employee. Under T.C.A. § 50-6-902(a), all construction services providers must carry Workers’ Compensation insurance for themselves. However, construction workers might be exempt from this requirement under certain circumstances. Talk to our Knoxville, TN construction accident and injury lawyers, and we can help you determine if you need to file a Workers’ Compensation claim or if you can pursue other legal action.
Filing a Lawsuit
If Workers’ Compensation does not apply to your case, you can file a lawsuit against your employer for the accident. Remember, Workers’ Compensation tends to apply unless you are exempt under specific circumstances. Our Knoxville, TN construction accident and injury attorneys can help you figure out if you are exempt and can file a lawsuit.
You may file a lawsuit if your employer is required to carry Workers’ Compensation insurance but fails to do so. Employers are required by law to carry insurance if they employ at least 5 employees. If you work as part of a smaller team with too few employees, or your employer’s failure to carry insurance violates the law, you may choose to file a lawsuit for your damages.
Even if your employer carries the necessary insurance and you are otherwise covered, you can still sue if your employer deliberately caused the accident and your injuries. While employers are often shielded from liability in accidents, they cannot be shielded when their actions are purposeful. If your employer deliberately caused the accident, they might also face criminal charges for intentionally causing harm.
You do not have to worry about circumventing the Workers’ Compensation system if a third party caused the accident. For example, the manufacturer of a defective power tool would be a third party and not shielded from liability under Workers’ Compensation laws.
Potential Damages in Knoxville, TN Construction Accidents
When filing a lawsuit, you must claim the damages you suffered from the accident. In construction accidents, injuries are often serious, and damages may be quite significant. Our Knoxville, TN construction accident and injury attorneys can help you review your case and determine the extent of your damages.
Economic damages are related to the money you spent or lost because of the accident. Often, the most significant portion of economic damages is medical bills. Construction workers with particularly severe injuries might need long-term treatment, and future medical costs may also be claimed. You can also claim the value of any wages you lost because you could not return to work. Many construction workers report that their personal tools were damaged during the accident. In that case, the value of your personal belongings can also be claimed.
Non-economic damages encompass injuries that might not have cost you any money but should be financially compensated. For example, the physical pain and mental trauma associated with your accident deserve significant compensation. You can also claim non-economic damages for the humiliation involved in an on-the-job accident and damage to your professional reputation.
Call Our Knoxville, TN Construction Accident and Injury Lawyer
Speak to our Knoxville, TN construction accident and injury lawyers about taking legal action. Construction accidents can be severe, even deadly, and you should be compensated for everything you have gone through. Call Howe Law at (844) 876-4357 for a free case review with our team.