Construction projects are a common sight in Brentwood, Tennessee. While these projects symbolize growth and development, the construction sector also brings risks and hazards to its workers. Accidents on construction sites can be devastating, sometimes leading to catastrophic injuries or even death.
If you or your loved one has been victimized by a construction accident in Brentwood, TN, understanding your legal options is crucial. This is where the expertise of Labrum Law Firm Personal Injury Lawyers comes into play if you want it to. Our Brentwood construction accident lawyers’ deep understanding of construction law and our commitment to personalized service render us uniquely qualified to handle your claim.
Regardless of whether your claim is straightforward or complex, our team is dedicated to guiding you toward a just resolution. Contact us or call (615) 685-8546. Our Brentwood construction accident attorneys will fight relentlessly for your best interests until you receive the compensation you deserve.
How Labrum Law Firm Personal Injury Lawyers Can Make a Difference After a Brentwood Construction Accident
You need to move quickly after a construction accident in Brentwood, TN, as bills pile up and pressures mount. Preserving evidence, identifying witnesses, and seeking medical attention are critical steps to preserving the value of your claim. At Labrum Law Firm Personal Injury Lawyers, we understand this urgency. Our approach to the multiple challenges you face is both aggressive and attentive.
Fighting for the rights of personal injury victims is not just a job for us–it is our mission. We seek to serve as your steadfast allies. Our goal is to work tirelessly to render the legal process as smooth and stress-free as possible so that you can focus on regaining your health and your earning power.
The following is a listing of some of the ways that our Brentwood personal injury lawyers can help strengthen your claim:
- Analyzing construction site safety regulations to find any violations.
- Identifying any OSHA violations.
- Working with construction accident experts to establish liability and negligence.
- Determining whether malfunctioning construction equipment caused the accident.
- Determining whether defective construction tools or materials played a role.
- Analyzing construction project records for evidence of unsafe practices.
- Identifying third-party defendants so you can exit the workers’ compensation system.
- Identifying potential hazards at the construction site that might have contributed to the accident.
- Investigating the training and qualifications of construction personnel involved in the accident.
- Negotiating with insurance companies for fair compensation.
- Reviewing compliance with local building codes and regulations at the construction site.
- Working with medical professionals to fully assess and document your injuries and their impact on your life.
Since every construction accident case differs, our approach will be tailored to your specific legal needs and priorities. Contact our Brentwood construction accident attorney today to learn more about your legal options.
Construction Accident Statistics
Construction work is one of the world’s most dangerous occupations due to the following:
- Nearly 200,000 construction accidents occur every single year in the United States alone.
- Nearly one in five work-related deaths occur at construction sites.
- About a thousand construction workers die in accidents every year.
- Slip and fall accidents are the culprits in more than one-third of all construction accident fatalities.
- More than a quarter of all construction workers have declined to report a construction injury.
Because of its high accident rate, construction work is one of the nation’s most heavily regulated industries.
Common Construction Accidents
The following are some of the most common types of construction accidents:
- Falls from scaffolding
- Burns from welding equipment
- Caught-between accidents where a worker is trapped between two hard surfaces
- Chemical spills
- Crane collapses
- Falling debris
- Electrocution accidents
- Equipment malfunctions
- Explosions or blasts
- Forklift accidents
- Gas leaks leading to fires, explosions, or poisoning
- On-site traffic accidents
- Ladder accidents
- Noise pollution (which can cause hearing loss)
- Muscle and joint injuries
- Power tool accidents
- Repetitive motion injuries
- Scaffolding collapses
- Slip and fall accidents
- Pedestrian/vehicle collisions in a construction zone
- Structural collapses
- Trench collapses
It would be easy to identify dozens more different types of construction accidents that can lead to life-altering injuries.
Causes of Construction Accidents
The following is a list of some of the major causes of construction accidents:
- Carelessness or distraction
- Defective equipment or tool
- Exposed wires
- Improper securing of materials
- Failure to use personal protective equipment (PPE)
- Faulty scaffolding
- Gas leaks
- Misuse of heavy machinery
- Inadequate employee training
- Inadequate site inspections
- Ineffective communication
- Lack of proper signage
- Ladder misuse or failure
- Negligence in following safety protocols
- Overcrowded work areas
- Poor lighting in work areas
- Poorly maintained equipment
- Reckless behavior by workers or supervisors
- Slippery or uneven surfaces
- Structural failures
- Inadequate support in trenches and excavations
- Unsecured loads
- Vehicle accidents on construction sites
Because of the outdoor setting of most construction work, weather conditions also play a role in many accidents.
What to Do After a Construction Accident
Take the following actions at the scene of a construction accident to the extent that you are able to.
If your injuries prevent you from doing so, ask a co-worker or bystander to take these actions on your behalf.
- Assess the Situation: Are there any safety hazards that need immediate attention?
- Provide first aid and call for medical help.
- Secure the accident site of the accident so that nobody else is injured.
- Report the accident to the appropriate supervisor.
- Take photographs and videos as necessary.
- Identify witnesses and get their contact information.
- Preserve evidence (equipment, materials, and the scene of the accident).
- Seek immediate medical attention.
Contact a personal injury lawyer for a free initial consultation at your earliest convenience.
Workers’ Compensation Claims
If you are a construction worker who is filing a claim against your employer, your construction accident claim probably falls within the jurisdiction of the workers’ compensation system.
Workers compensation creates the following issues:
- You don’t have to prove your employer was at fault
- You can usually collect benefits even if you are the one at fault
- Workers’ compensation damages are very limited–two-thirds or less of your lost wages
- You cannot recover non-economic damages such as pain and suffering
- You cannot recover punitive damages.
Most claimants would prefer to avoid the workers’ compensation system, but sometimes that is impossible.
Third-Party Negligence Claims
Negligence is the most common legal basis for a personal injury claim. Suppose you can find a third party whose negligence caused your injuries. In that case, you will not have to depend solely on the workers’ compensation system with its anemic damages awards. You can instead file a personal injury claim.
“Third-party” means anyone but your employer since workers’ compensation law typically forbids you from suing your employer for personal injury.
The advantage of a personal injury claim over a workers’ compensation claim is that you can demand full personal injury damages. These damages include 100% of your lost earnings and compensation for pain and suffering. You can even pursue punitive damages.
The Elements of a Negligence Claim
To win a negligence claim in court, you must prove the following five elements:
- The defendant owed you a duty of care (to operate a forklift safely, for example).
- The defendant breached their duty of care (by hitting you with the forklift, for example).
- You suffered damages (a broken hip, for example).
- The defendant’s breach of duty was the actual cause of your damages (you would not have been injured if the defendant had not behaved negligently).
- The defendant’s breach of duty was the proximate cause of your injury (a reasonable person could have foreseen that the defendant’s breach of duty was likely to lead to your injury).
To win a negligence claim at the negotiating table, you usually have to prove that your claim will win if it ever ends up in court.
Third Parties You Can Sue
Theoretically, you can sue anyone except your employer for your injuries if your employer participates in the workers’ compensation system.
The following is a list of potentially at-fault third parties:
- The general contractor and the subcontractors: These parties may have neglected to ensure the safety of the site.
- The property owner: The owner of real property must ensure that their premises are safe for guests by either repairing or warning of dangerous conditions that they knew about or should have known about.
- Architects and engineers: To the extent that the accident was a consequence of a design defect or failure to comply with safety regulations.
- Equipment and materials manufacturers: If the accident was caused by a manufacturing defect.
- Government entities: if the accident occurred on public property. Special restrictive rules apply to suing the government for monetary damages.
There might be other third parties you can sue–even a visitor to the site. Your lawyer should be able to help you identify third parties. You can also sue your employer for personal injury if their actions towards you were malicious.
Let Our Brentwood Construction Accident Lawyers Help You
Construction accident claims are complex, but you may be able to recover compensation with the help of a Brentwood construction accident lawyer.
A third-party personal injury claim that will allow you to exit the workers’ compensation system in Brentwood, TN, requires the help of a skilled attorney. Contact us to learn more about Labrum Law Firm Personal Injury Lawyers, or call at (615) 685-8546 for a free consultation.