Savannah is a dynamic place that is constantly growing, with numerous construction projects underway across the city. However, injuries on a construction site are more common than in other workplaces, and injured workers might not be aware of what benefits are available to them.
Fortunately, a Savannah construction accident and injury lawyer can help. Workers’ Compensation is typically available to injured construction workers after an accident, but there are restrictions placed on the injured worker that they might not be aware of. In many cases, a worker will be prevented from filing a lawsuit. There are loopholes, however, that a Savannah construction accident and injury lawyer can help you get around these legal constraints.
If you were injured in a construction accident, our Savannah construction accident and injury lawyers can help you recover the compensation you deserve. For a free case assessment, contact Howe Law at (844) 876-4357.
Recovering Compensation After a Construction Accident and Injury in Savannah, GA
Recovering compensation after a construction accident can be confusing, especially for someone trying to focus on healing from their injuries. Workers’ Compensation will be the only option for most construction workers to cover their injuries. However, there are circumstances where filing a lawsuit is completely appropriate. Our Savannah construction accident and injury lawyers can explain the recovery process and address any concerns you have moving forward.
Filing a Workers’ Compensation Claim
If you are injured in a construction accident, your employer’s Workers’ Compensation insurance will typically compensate you for your injuries. Workers’ Compensation insurance is no-fault, meaning that you can be compensated for construction accident injuries regardless of who caused the accident. This can be good because it gets relief to an injured worker quickly. The downside, however, is that most injured workers will be prevented from filing a lawsuit against their employer.
If you are injured on a construction site, you will have 30 days to report your accident to your employer. This will begin the Workers’ Compensation claim process. You will have one year from there to file your claim with Georgia’s State Board of Workers’ Compensation. Once approved, you should start receiving your benefits.
Remember that you will only be able to recover certain damages for your injuries. Workers’ Compensation is designed to provide only economic damages for your injuries. This includes medical costs and lost wages. Unfortunately, it will not cover non-economic damages, like physical pain and emotional suffering. A lawsuit will be the only way to recover these types of damages.
Filing a Lawsuit Against Your Employer
In most cases, construction workers will not be able to sue their employer for their injuries, but there are exceptions. For instance, independent contractors may also sue for their injuries instead of filing a Workers’ Compensation claim.
Also, most Georgia employers are required to carry Workers’ Compensation insurance for their injured employees. If an employer does not provide Workers’ Compensation benefits, compensation could be sought against them in a lawsuit. If you are unsure if your employer carries Workers’ Compensation, you can do a quick employer insurance check to confirm.
You can also file a lawsuit against your employer if your injuries were caused by their willful and intentional misconduct. This often occurs when an employer fails to follow state and federal regulations. Construction employers and general contractors are responsible for the safety of a construction site and ensuring adequate materials are provided. If an accident occurs because an employer ignored a regulation they knew to follow, they could be held liable in court.
The benefit of filing a lawsuit over a Workers’ Compensation claim is that an injured worker can recover non-economic damages in a lawsuit. You can be compensated for these types of damages if you have experienced physical pain from your injuries and emotional distress from adapting to life after your accident.
Filing a Lawsuit Against a Third Party
Workers’ Compensation rules also do not apply to injuries caused by a third party. Many construction sites have subcontractors and deliveries coming onsite constantly. Thus, injuries caused by a third party’s negligence are common. If another employee or subcontractor negligently caused your injuries, you can file a lawsuit against them to recover damages.
Construction sites rely on heavy machinery that is inherently dangerous. However, a construction worker has the right to file a lawsuit against a manufacturer or designer for any injuries caused by a defect in their product. Manufacturers, designers, and sellers can be held liable for not fixing any existing defects they knew about or should have known existed. Our Savannah construction accident and injury lawyers can help you craft the right legal strategy to hold the responsible party accountable for your injuries.
The Most Frequently Violated Occupational Safety and Health Administration Standards
The Occupational Safety and Health Administration (OSHA) maintains records of yearly accidents in each type of industry and any violations that occur therein. It probably comes as no surprise that virtually all the most cited OSHA violations happened in the construction injury. The following are the most frequently violated OSHA standards in 2021 in order of most violated to least:
- Fall protection standards
- Respiratory protection standards
- Ladders standards
- Hazard communication standards
- Scaffolding protection standards
- Fall protection training standards
- Eye and face protection standards
- Powered industrial truck standards
- Machinery and machine guarding standards
The injuries caused by these violations can be devasting, even resulting in death. In 2020, OSHA reported 4,764 worker deaths, with 976 of those fatalities occurring in the construction industry. Our Savannah construction accident and injury lawyers can help you if your injuries were caused by these types of violations or any others.
Common Types of Injuries Caused by a Construction Accident in Savannah, GA
Considering the violations listed previously, many types of devasting injuries can happen on a construction site. The following are some common injuries caused by construction accidents in Savannah:
- Spinal cord injuries
- Traumatic brain injuries
- Soft tissue injuries
- Internal injuries
- Electrical, thermal, and chemical burns
- Nerve and muscular damage
- Respiratory damage
- Scarring and disfigurement
Our Savannah construction accident and injury lawyers are ready to fight to recover compensation for your injuries, whether they were minor or much more serious.
Our Savannah, GA, Construction Accident and Injury Lawyer Can Help
If you suffered injuries in a construction accident, our Savannah construction accident and injury lawyers at Howe Law can provide you with a free case assessment today. Contact us at (844) 876-4357.