Construction Accident Attorney - Filing Suit For Damages A construction accident attorney can help you file a civil suit against negligent parties responsible for your injuries. In the U.S., our economy and way of life would come to a halt if it were not for the initiative and ingenuity of those who build our infrastructure. It is an industry alive with workers from all walks of life and contractors living the American dream. But it is also a brutal industry, fraught with danger, and the proper safety precautions must be taken. When they are ignored, workers can be put in harm's way. If you have been hurt on the job, you may be entitled to file suit for damages. Examples Though the list of ways a person could become hurt on a jobsite would be nearly endless, there are some incidents that come up more often than others. These are sometimes related to worker error and sometimes down to pure chance. In many instances, however, they are a direct or indirect result of negligence on the part of the foreman or oversight company. Some examples would include a scaffolding mishap, falls, malfunctioning machinery, electrocution, fire, and trench collapse. A construction accident attorney will look into the …show more content…
The owner of the site will be first in line should a lawsuit need to be filed. Ultimately, it is this individual or company's responsibility to ensure a safe working environment. General contractors are the next in line. It also falls to them to protect their workers, ensure that safety regulations and practices are followed, and to make sure their workers are properly trained. In some instances, the architect him or herself may be held liable for negligence, should his or her plans be proven to have put workers in harm's way by design. A construction accident attorney will look at every angle and determine whose negligence might be responsible for the
Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence.
The enormous responsibility that an engineer has when designing a project is often overlooked. His or her job is not only to create a design that will work under ideal conditions, but that will meet the regulations of environmental and building codes and will also survive the unpredictable forces of nature that structures are sometimes subjected to. An article in the Seattle Daily Journal of Commerce, "Structures are Held up by Both Skill and Luck,"1 describes many risks involved in the designing process and the failures that can occur when small details are overlooked. In light of a recent surge of failures in the Northwest, the article says:
The plaintiff, Stephanie Taubin will look to sue John Henry for negligence and premise liability. She is going to have to provide the court with the with negligence claim: what was the duty of care of the defendant and how did that party breach the duty. In legal terms for premise liability and negligence, the owner is responsible for all of people on their property.
Jan Schlichtmann, is the head of a small firm of personal injury attorneys, who is also known to be a successful lawyer in Boston. This small firm only takes on cases they believe they can win. Their clients are for the most part too poor to pay legal fees. Schlichtmann 's firm pays for the legal costs. In which they hope they can gain a portion of an eventual settlement.
It is unfortunate that accidents that result in injuries are a part of life. Further more it is also unfortunate that often the party responsible for said accident do not feel compelled to offer compensation to the party affected. However in spite of this, there is still hope for the injured party thanks to personal injury lawyers. They are tasked with representing their clients who suffered from these events while making sure that their clients receive the compensation that they deserve. Ultimately personal injury lawyers play a big role with regards to safety initiatives by helping those injured, which is something that we all should aspire to do.
If the victim is injured, or suffered physical or emotional distress, they have the right to sue in civil court, where you may be ordered to pay monetary damages such as medical bills, compensation for the victim’s lost days at work, and even money for the pain and suffering caused to the victim.
The tort involved in this case is that of negligence, which is defined as the breach of an individual’s duty to take reasonable care in situations where damage has occurred to another person or organisation (Legal Services Commission, 2013).
When you're injured at work, you're entitled to workers' compensation. This can help alleviate the responsibility of medical bills from your doctor, bills from procedures like x-rays and MRIs or medications and transportation costs associated with an injury. It can also cover much of the wages you lost. If you're disabled and unable to work in the future, a lump sum of money might be possible.
There are many potential store hazards and unsafe employee behaviors that can lead up to an employee being injured while at work. The costs of workers compensation claims have a significant financial impact on the organization. If an employee is injured while working, there will be costs associated with the treatment of that injury.
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
No one ever goes to work and expects to get injured. Workplace accidents and injuries in the United States, cost employers $62 billion, according to the 2016 Liberty Mutual Workplace Safety Index (Donlon, 2016). Of the $62 billion, 82.5% of those injuries can be credited to 10 of the leading causes (Donlon, 2016). Some of the most serious are nonfatal workplace injuries, yet they still cost companies millions of dollars every year. The workplace injuries impact more people involved than just the person who was hurt and the employer. The employees’ family can be affected by the financial burden, medical costs, and the physical, emotional and psychological wellbeing of the employee. The employer and its employees are also affected. In addition
Reese, C.D. and Eidson, J.V. (1999). Handbook of OSHA construction safety and health. Boca Raton, FL. CRC Press
Most importantly, increased safety in the workplace can lead to fewer workplace injuries and casualties. Workplace health and safety issues are different today than they were at various points of time in Canadian history. Employers are not responsible for injured workers or accidents that happen in the workplace. The main legal doctrine of Assumption of Risk governs workplace hazards, which requires workers to assume and accept all the risks associated with their occupation (Share, 2012).
Accidents occur in the workplace but in secret. These most of the time lead to physical and mental injuries that might affect the worker way of living for the rest of their lives. It is estimated that more than 337 million workers get injured in their place of work or in the course of work every year leading to work-related diseases causing about 2.3 million deaths per year (United States Department of Labor, n.d.).
As well as they are the only bodies that is really responsible for the construction safety effort. In any case if they not provide the safety attempts and some bad incident occurred then they are responsible for the critical case. The criteria are to be settled by the constructors. The most important and considerable thing in this regard is the health problems that can be suffered by the workers in some of the cases.