Construction Accident Attorney Michigan
Southfield, Michigan Construction Accidents
Construction workers are at risk of being injured every day due to the dangerous nature of the job. This is why there are strict rules and regulations that construction sites are required to uphold to ensure the safety of those working on site. When construction employers try to cut corners and ignore those safety regulations, they put hundreds of employees and contractors at risk of injuries. Contacting a construction accident attorney Michigan is extremely important after a serious accident.
If you’ve been involved in a construction accident and sustained severe injuries, you can pursue legal action against the responsible parties. Since many contractors are working on a site, it can take time to determine who is at fault. To understand your legal options following your accident, contact the Michigan construction accident attorneys at Lipton Law. To schedule a free consultation with one of our experienced attorneys, call 248-557-1688 today.
Do You Need a Construction Site Accidents Lawyer in Michigan?
Large companies often run construction sites and have a significant amount of money at their disposal to fight against any construction accident claims. Following a construction accident injury, you need to obtain legal representation that won’t back down from a fight. The Michigan construction accident attorneys at Lipton Law have represented clients in personal injury lawsuits against even the largest construction companies and are prepared to represent you.
While workers’ compensation can help a construction site accident victim, there are many areas that those benefits don’t cover. To receive adequate compensation for injuries and damages following your accident, you’ll need to pursue a personal injury lawsuit against the parties responsible.
At Lipton Law, a Michigan construction accident lawyer can help you determine who can be held liable and seek compensation from those individuals. When you work with our law firm, you can rest assured that we will do everything possible to recover maximum compensation.
What Is the Michigan State Safety Plan (MIOSHA)?
The Occupational Safety and Health Administration (OSHA) was created to make sure working conditions are safe by creating and enforcing workplace standards for construction sites. Michigan has established its state plan in addition to the federal regulations developed by OSHA. Michigan’s plan, MIOSHA, observes many of the same federal regulations but has adopted other guidelines that differ from those set forth by OSHA, specifically for construction sites. Listed below are some of the areas that MIOSHA covers:
- Airborne contaminants
- Boilers and pressure valves
- Electrical hazards
- Elevators, hoists, and powered platforms
- Hazard communications
- Heavy machinery equipment
- Personal protective equipment
MIOSHA differs from OSHA in many ways; most importantly, it applies to both public and private employers. If you have questions about MIOSHA guidelines, a Michigan constriction accident attorney can help explain the rules and regulations that may apply to your specific case. When a construction site fails to adhere to federal and state regulations, our Southfield personal injury attorneys at Lipton Law will ensure those responsible are held accountable.
What Type of Lawsuit Am I Eligible for After a Construction Accident?
Injured construction workers can file a personal injury lawsuit against any individuals or companies liable for the accident. A successful personal injury claim can result in recovering damages that can cover lost wages, medical bills, loss of future income, pain and suffering, and more. Below are five key things to remember when pursuing legal action following construction site injuries.
- An injured worker may be able to file personal injury claims against several different parties, including the construction company, the property owner, and the city.
- Negligence and defective products are often the cause of these lawsuits.
- When those injuries lead to death, the deceased’s family members can file a wrongful death lawsuit.
- If the accident occurs at the construction site, the employee’s workers’ compensation should cover some medical bills and lost wages.
- Those injured on the job can still be eligible to file a lawsuit against a third party to recover compensation not covered by workers’ compensation.
Common Causes of Construction Site Accidents
Individuals working in the construction industry face many risks, which can lead to serious injuries on the job. The most common causes of construction site accidents include:
- Electric shock: The various electrical equipment construction workers use, like power tools, generators, machinery, and electrical wiring, put them at risk of being electrocuted and suffering from electrical burns.
- Falling from heights: Construction workers can fall from scaffolding or machinery if not properly secured. They can also fall into holes and ditches at construction sites.
- Failing to use proper safety gear: Safety glasses, hard hats, and other protective equipment should always be worn while working to prevent injuries.
- Trench collapse: If a trench collapses, the worker’s air supply can get cut off, and they can be buried alive or crushed.
- Repetitive motion injuries: Many construction workers perform the same repetitive tasks daily. Over time, when the body does the same thing over and over, the muscles and soft tissue can become worn out and damaged, leading to limited mobility and chronic pain.
- Collapsed scaffolding: While strict rules and regulations are in place to ensure scaffolding is safe, accidents can still happen. Construction workers can fall off the scaffolding leading to severe injuries and even death.
Construction workers can sustain injuries in many ways, but OSHA has listed the above as the most common causes of construction accidents. Workers can also become injured by other workers’ errors, faulty equipment, malfunctioning tools, ladders collapsing, and more.
Common Construction Site Accident Injuries
The construction industry is extremely dangerous, and dangerous work sites can lead to many different injuries if the proper safety measures aren’t taken. The most common types of construction accident injuries are:
- Eye injuries leading to vision impairment or blindness
- Broken bones
- Neck, shoulder, and back injuries
- Spinal cord injuries
- Illnesses related to toxic chemicals
- Brain injuries
- Loss of limbs
- Wrongful death
Unfortunately, construction equipment and tools can cause serious injuries that can leave a construction worker with permanent disabilities and can even lead to death. If you’ve been injured on a construction site, contact the Michigan construction accident lawyers.
If your loved one was killed following a construction accident injury, you can pursue a wrongful death lawsuit against the responsible parties. One of our wrongful death attorneys will discuss your legal options so that you can recover proper compensation for the loss of your loved one.
How Can I File a Construction Accident Claim in Michigan?
While workers’ compensation will cover some injuries following construction accidents, those benefits don’t include damages like pain and suffering. If you’ve been injured while working at a construction site, you can still file a personal injury claim even when you can recover workers’ comp benefits. To pursue a lawsuit against those responsible for a construction accident, you and your attorney must prove that their actions were negligent and caused your injuries.
What Evidence Do I Need to Prove Negligence?
Evidence is critical when proving negligence in construction accident claims. Collecting evidence quickly following your accident is important so details can be fresh on witnesses’ minds. Listed below is important evidence to collect before pursuing a construction site accident claim.
- Photos and videos: This evidence can be critical when providing negligence and help those not present during the accident have a clearer image of what happened. Photos and videos can show where the accident occurred, the conditions, the equipment involved, and the injuries sustained.
- Documentation: Construction jobs involve a lot of paperwork, including contracts, inspection reports, blueprints, and safety plans. These documents show if the proper measures were taken to ensure a safe working environment. The medical records of your injuries are also vital when filing a construction accident lawsuit. They can help prove that the injuries received were caused by faulty equipment or the construction site.
- Witness statements: Witnesses can give testimony of the events surrounding the accident and whether safety measures were taken.
- Expert reports: Experts can study the equipment and construction site to establish negligence and give insights into what caused the accident. For a construction site accident, individuals that can provide expert testimonies are safety experts, engineers, and medical experts.
Who Is Liable in a Michigan Construction Accident?
Following a construction site injury, victims usually assume that they can sue their employer, but that’s not always the case. Even though the employer can be held partially liable for the injuries, other parties may also be held accountable. It can be difficult to determine who you can pursue legal action against, so it’s important to work with a skilled construction accident attorney. The legal process can be extremely complicated, especially when so many parties can be involved in the lawsuit.
Victims of a construction site accident may be able to pursue legal action against the construction or property site owner. The property owners have the responsibility to warn the construction site workers of any potential dangers they know exist on the property. For example, if the owner knows the locations of power lines around the property, they must disclose those locations. Failure to do so can result in injuries leading to a personal injury lawsuit.
The construction company may often sub out specialized jobs to independent contractors. If those independent contractors cause another person injuries, they can be held liable for damages. The injured party can take legal action against the independent contractor’s employee or company. Under these circumstances, the construction company that hired the independent contractor cannot be held responsible unless it’s proven that it acted negligently when hiring the independent contractor.
Architects and engineers could be liable for damages if structural damage, faulty designs, or lack of supervision caused injuries. You can pursue a malpractice suit against these parties if their negligence leads to personal injuries. Architects and engineers have a standard of care to uphold, similar to medical professionals, and when they act recklessly or negligently, those actions can lead to injuries. Here are some circumstances that parties can be held responsible:
- Design errors lead to structural failures or collapse.
- Building code violations.
- Lack of proper supervision.
- Failing to warn about the risks or hazards associated with their plans or designs.
- Misrepresenting their qualifications.
Third-Party Construction Accident Lawsuits
Construction accidents can often be caused by someone other than their employer or on-site company. Because construction sites require expertise in many areas like plumbing and electrical, parties other than the owner can be held responsible for injuries. For example, if an electrician falls off poorly built scaffolding, they could sue the party responsible for the scaffolding. When this happens, the injured person can file a personal injury claim against those responsible. These lawsuits do not have the same limits as workers’ compensation and are eligible for pain and suffering compensation.
Can I Sue for a Fatal Construction Accident?
Yes, if your loved one suffered construction site injuries that led to their death, you can file a wrongful death lawsuit. In Michigan, the victim’s spouse, parents, child, or grandparents can file a wrongful death claim. The Michigan wrongful death attorneys at Lipton Law will work to recover the following damages when pursuing a wrongful death claim:
- Lost wages
- Pain and suffering
- Medical bills
- Funeral and burial expenses
- Loss of consortium
- Loss of companionship
Our wrongful death attorneys at Lipton Law understand how difficult this time can be after losing a loved one. We will work diligently to compensate your family for your loss. While we know that no amount of money can make up for losing a loved one, compensation can help ease the financial stress following their death and allow you to focus on healing.
How Long Do I Have to File a Construction Accident Lawsuit?
If you’ve been injured while working at a construction site, you must file a lawsuit in Michigan within three years from the accident date. Some circumstances can affect the statute of limitations for your claim, like if the defendant is a municipality. An experienced Michigan construction accident attorney will be able to help determine if you have grounds to pursue a lawsuit and will also help identify the parties responsible.
Contact a Michigan Construction Accident Lawyer at Lipton Law Today
Construction sites and other contractors are responsible for providing a safe working environment and following the guidelines outlined by MIOSHA. When that doesn’t happen, they put their employees and others at risk of injury. If the negligence of another caused your injuries, you have the right to pursue legal action against the responsible parties. To learn more about your legal options following your construction accident, call Lipton Law today at 248-557-1688.