Construction Site Injury Lawyer
Construction sites are inherently risky environments. Workers face potential harm from falls, electrocutions, machinery accidents, and structural failures. When an injury occurs, understanding your legal options and navigating the complexities of liability, insurance claims, and OSHA regulations can be overwhelming. Legal representation ensures that your rights are protected and that you receive the compensation you are entitled to.
Our Commitment to Construction Workers
At The Law Office of Miller & Gaudio PC, we are dedicated to advocating for injured construction workers. Our attorneys have decades of experience handling jobsite injury cases, and we understand the unique challenges that come with construction-related claims. We provide aggressive representation with a compassionate approach—ensuring that every client receives personalized legal guidance and support from start to finish.
Common Types of Construction Site Injuries
1. Falls from Heights
Falls remain the leading cause of serious injury and death on construction sites. Workers may fall from scaffolding, ladders, roofs, or unguarded platforms. These incidents often result from a lack of fall protection systems or unsafe working conditions. Injuries include broken bones, spinal cord damage, and traumatic brain injuries.
2. Burns and Tool Malfunctions
Faulty power tools, exposed electrical lines, and improper lockout/tagout procedures frequently lead to severe burns and lacerations. Electrical injuries can be life-threatening and may result in lasting neurological issues or internal damage.
3. Machinery and Vehicle Accidents
Cranes, forklifts, bulldozers, and other heavy equipment pose significant dangers. Workers can be struck by, crushed under, or thrown from machinery that is improperly maintained or operated without adequate training. These accidents often result in amputations, internal bleeding, and fatalities.
4. Collapses and Falling Objects
Trench collapses and falling construction materials are additional hazards. A trench collapse can trap and suffocate a worker, while unsecured debris may cause concussions or impalement injuries.
5. Chemical and Respiratory Hazards
Workers exposed to silica dust, asbestos, or toxic chemicals can develop respiratory illnesses and chronic health problems. Without proper protective equipment, these exposures can cause irreversible damage over time.
Understanding Liability on a Jobsite
Employer Negligence and OSHA Violations
Employers have a legal obligation to ensure safe working conditions. When they fail to follow OSHA guidelines—by neglecting to provide harnesses, hard hats, or proper training—they may be held liable for resulting injuries. OSHA violations serve as strong evidence of negligence.
Third-party Liability
In many cases, third parties such as subcontractors, site owners, or equipment manufacturers may share responsibility. For example, a defective power tool or poorly designed scaffolding system could lead to a viable claim against a manufacturer.
Shared Responsibility and Complex Cases
Jobsite accidents often involve multiple parties, each with varying degrees of fault. Our attorneys are skilled at untangling complex liability chains and building a comprehensive case that targets every responsible party.
Commonly Sustained Injuries
Orthopedic and Neurological Injuries
Broken bones, spinal injuries, and traumatic brain injuries are common in falls and impact accidents. These conditions often require surgery and extensive rehabilitation.
Burns, Amputations, and Internal Trauma
Electrical and thermal burns can lead to infections, scarring, and permanent disability. Machinery accidents may result in crushed limbs, amputations, or life-threatening internal injuries.
Long-term Illnesses from Exposure
Exposure to hazardous substances can lead to chronic respiratory conditions, cancers, and other long-term illnesses that manifest years after the initial incident.
What to Do Immediately After an Accident
Steps to Take Immediately
- Seek medical care immediately.
- Report the injury to your employer.
- Document the scene, your injuries, and the surrounding conditions.
- Save all medical and insurance paperwork.
Why Timeliness Matters
Acting quickly preserves critical evidence and ensures compliance with legal deadlines. Delays can jeopardize your right to full compensation or invalidate your claim altogether.
Filing Your Construction Injury Claim
- Initial Medical Treatment
Your health comes first. Immediate medical care not only protects your wellbeing but also creates an official record of your injuries, which is vital for your legal claim.
- Incident Reporting and Documentation
Notify your employer and file a formal incident report. This step is essential for both workers’ compensation claims and third-party personal injury suits.
- Evidence Preservation
Take photos of the scene, your injuries, and any contributing hazards. Collect names and statements from witnesses and preserve any documents related to training, equipment maintenance, or prior safety complaints.
- Legal Consultation and Filing
Consulting a lawyer early ensures your rights are protected from the outset. We help you file workers’ comp claims and evaluate your eligibility for third-party lawsuits. Filing deadlines vary by state and claim type, so acting quickly is crucial.
- Pursuing Third-party Claims
If someone other than your employer caused the injury, you may be entitled to significantly more compensation than workers’ comp alone provides. We help pursue these claims to secure damages for pain and suffering, lost future income, and long-term care needs.
Understanding Compensation Available
Medical Costs and Treatment
You may recover all reasonable medical expenses related to your injury. This includes hospital bills, surgeries, rehabilitation, physical therapy, prescriptions, and long-term care.
Wage Loss and Future Earnings
If your injury prevents you from working temporarily or permanently, you may be entitled to compensation for lost wages and diminished future earning capacity.
Pain, Suffering, and Non-economic Losses
Non-economic damages compensate for the emotional and physical distress caused by the accident. Chronic pain, anxiety, depression, and reduced quality of life are common components.
Differences Between Workers’ Comp and Personal Injury Claims
Workers’ compensation provides basic benefits regardless of fault but excludes pain and suffering. Personal injury claims—especially against third parties—can recover significantly more and provide full compensation for your losses.
How The Law Office of Miller & Gaudio PC Helps
Free Consultation and Evaluation
We start by listening. During your free consultation, we assess your injury, examine potential legal claims, and provide clear, strategic advice on next steps.
Case Investigation and Evidence
Our legal team gathers medical records, accident reports, safety documentation, and expert testimony to build a detailed and persuasive case on your behalf.
Settlement Negotiation
We handle all negotiations with insurers and opposing counsel. Our goal is to achieve a settlement that reflects the true value of your injuries and losses—without unnecessary delays or pressure to settle low.
Trial Advocacy and Litigation
If a fair settlement isn’t offered, we are prepared to take your case to court. Our attorneys have decades of litigation experience and a track record of success at trial.
Frequently Asked Questions
Who can be held responsible for a construction site injury?
Liability for a construction site injury can extend beyond your employer. Depending on the circumstances, general contractors, subcontractors, property owners, and even equipment manufacturers may be legally responsible. If multiple parties contributed to unsafe conditions, each can potentially be held accountable through separate claims.
Can I sue if I am already receiving workers’ compensation?
Yes, you can. Workers’ compensation is a no-fault system that covers medical bills and lost wages, but it does not provide compensation for pain and suffering or long-term emotional distress. If a third party—such as a subcontractor or equipment manufacturer—played a role in your injury, you may be able to file a personal injury lawsuit in addition to receiving workers’ comp benefits.
What if my employer violated OSHA safety rules?
An OSHA violation alone may not guarantee a legal victory, but it serves as compelling evidence in a personal injury claim. If your employer failed to comply with federal safety standards, this could demonstrate negligence and significantly strengthen your case.
How much is my construction injury case worth?
Every case is different. Compensation depends on the severity of your injuries, the impact on your ability to work, medical expenses, and emotional suffering. Cases involving permanent disability, multiple surgeries, or long-term rehabilitation often lead to higher settlements or jury awards. We assess each case individually to determine its fair value.
How long do I have to file a lawsuit after a construction injury?
The time limit for filing a claim—known as the statute of limitations—varies by state. In many jurisdictions, you have between one and three years from the date of the injury to file a personal injury lawsuit. However, workers’ compensation deadlines are often shorter. It’s crucial to contact an attorney as soon as possible to protect your legal rights.
Contact The Law Office of Miller & Gaudio PC Today
If you’ve been injured on a construction site, you have legal rights—and you deserve strong representation. At The Law Office of Miller & Gaudio PC, we help injured workers recover compensation and hold negligent parties accountable.
Don’t face this alone. Contact us today for a free consultation. There’s no fee unless we win your case.
Let us help you get the recovery you deserve.