Construction Accident Lawyer in Maryland
Construction sites are inherently dangerous. Working around heavy machinery, often near highways with heavy traffic, requires a significant amount of safety regulations and caution. When workers, companies, or third parties fail to uphold their duty of care and act negligently, construction accident injuries can be severe and life-threatening.
If you have been harmed in a worksite accident, you may need an experienced construction accident lawyer in Maryland to help manage your claim. At The Jaklitsch Law Group, our Maryland personal injury lawyers represent injury victims to get you the fair compensation and justice you deserve.
Maryland Construction Workplace Safety and Accident Claims
Construction companies and their management are legally obligated to uphold rigorous state and federal regulations concerning workplace safety. These mandates protect not only their employees but also vendors, contractors, and visitors on construction sites. The Occupational Safety and Health Administration (OSHA) sets the federal safety standards and enforces them, while the Maryland Occupational Safety and Health (MOSH) oversees and enforces state-specific safety regulations, including those tailored to the construction industry. When a construction accident occurs, an essential step in filing a claim often involves submitting a notice of workplace safety violations to both OSHA and MOSH.
You need to prioritize seeking medical attention immediately after a construction accident. Whether you require emergency care and hospital transport or only minor first aid, having a medical professional document and treat your injuries can be crucial for the claims process. They will be able to address any injuries you have as well as create a vital record of treatment that will significantly support any future injury claims, whether filing through workers’ compensation or insurance.
Workers’ Compensation Claims for Construction Sites
If you have been injured or developed an illness while on the job, securing workers’ compensation benefits may be your best bet at receiving compensation for your injuries and subsequent recovery. Following medical attention, you must report your accident to your supervisor or manager to begin the process of filing for workers’ compensation.
While Maryland law allows up to 60 days to report a workplace injury, it is strongly advised to do so as soon as possible. Prompt reporting helps ensure a clearer and more accurate account of the incident. Your employer is then required to submit a First Report of Injury form to the Maryland Workers’ Compensation Commission (WCC). This formal report officially documents the circumstances of your injury, which is a critical step in securing workers’ compensation benefits and exploring any additional avenues for compensation you may be entitled to.
After filling out all workers’ compensation forms, you will undergo a medical assessment of your condition, if this has not been done immediately. In most situations, Maryland law allows injured workers the right to choose their own doctor for evaluation and treatment. Once all necessary documentation is submitted, your workers’ compensation claim will undergo a thorough review, and they will issue a decision regarding your benefits. If you disagree with the decision on your claim, you have the right to appeal. Consult with a construction accident lawyer if you have further questions regarding your claim.
Filing a Third-Party Claim for Your Construction Site Accident
Third-party claims allow you another avenue for seeking compensation. This type of claim allows you to pursue damages directly from an entity or individual outside your employer or coworker who caused your injury. A third party can be almost anyone not directly employed by your company. Common examples include:
- Motorists: If you are injured in a car accident while working.
- Property Owners: If you are hurt on someone else’s property while on the job.
- Product or Part Manufacturers: If a defective tool or piece of equipment causes your injury.
- Other Contractors or Vendors: Individuals or companies working on the same site or providing services who cause an accident.
- Animals: In rare cases, an animal may cause an injury during work duties.
The crucial element in a third-party claim is proving that the third party’s negligence or wrongful actions led to your injury. Workers’ compensation is a “no-fault” system; you don’t need to prove your employer was at fault to receive benefits. In a third-party claim, you must demonstrate the other party’s fault for the accident.
Workers’ compensation typically covers your recovery expenses and a portion of lost wages. A significant advantage of a third-party claim is the ability to seek compensation for non-economic factors like pain and suffering, which is not covered under workers’ comp. This can include emotional distress, reduced quality of life, and other non-economic damages.
Filing for Both Workers’ Compensation and Third-Party Claims
In many situations, you can file both a workers’ compensation claim and a third-party claim simultaneously. However, this can be complex. Depending on the specifics of your injury and the timing of your claims, there might be special considerations.
For instance, your workers’ compensation benefits could impact your third-party settlement, or you might even be required to repay some workers’ compensation funds from your third-party settlement. If you hope to file for both workers’ compensation benefits and a third-party claim, it is highly advisable to have experienced construction accident attorneys represent you. They will help you understand the complexities of the law, protect your rights, and work to maximize your compensation.
Proving Liability in a Maryland Construction Accident
After a construction accident, one of the most critical steps is determining who is liable. Then, depending on your association with the construction site, you can determine how to proceed. If you are a construction worker who was injured on the job, your best course of action is likely to file for workers’ compensation with your company.
If you are a third party, a motorist, pedestrian, or bystander, you have the options of working with the construction company’s insurance provider or filing a personal injury lawsuit with the court. If you are filing for workers’ compensation, you likely will not need to prove fault, but if you are filing a personal injury claim or lawsuit, your construction accident attorney will typically need to demonstrate four key elements of negligence:
- Duty of Care: The at-fault party owed you a legal obligation to act reasonably and ensure your safety. On a construction site, this duty is extensive, applying to employers, contractors, subcontractors, equipment manufacturers, and even property owners. For example, an employer has a duty to provide a safe worksite, thorough training, and necessary safety equipment.
- Breach of Duty: The at-fault party did not uphold their duty of care. This could involve a variety of actions or inactions, such as neglecting to maintain machinery, failing to follow safety protocols, providing inadequate supervision, or using defective equipment.
- Causation: The breach of this duty directly caused your injuries. Your attorney will meticulously connect the at-fault party’s failure to your specific injuries, demonstrating a clear link between their negligence and your harm.
- Damages: You suffered actual losses as a result of your injuries. This includes medical expenses but also lost wages, pain and suffering, and other impacts on your life.
Your construction accident attorney will work diligently to collect compelling evidence to support these elements. This might include accident reports, witness statements, safety logs, equipment maintenance records, photographs or videos of the scene, and expert testimony from safety engineers or medical professionals. This evidence will help show what happened, identify who is at fault, and quantify your economic and non-economic losses due to the accident.
Crucial Factors in Your Maryland Construction Accident Claim
Construction accident claims are often complex, as an insurance company or court will weigh numerous factors before determining the outcome. Some crucial factors they will consider include:
- Your Employment Status: At the time of the accident, you needed to have been clocked in and performing work-related duties
- Compliance with Company Policies: Adhering to all safety regulations and company policies at the time the injury occurred.
- Accident Location: The accident needs to have happened on the job site, during transport between work locations, or in another work-related context.
- Severity and Nature of Your Injuries: The extent and type of your injuries play a significant role in determining compensation.
- Impact on your Earning Capacity: the impact your injuries have on your ability to perform your job and earn a living, both now and in the future.
- Effect on Your Quality of Life: How your injuries impact your daily activities, hobbies, and overall well-being.
- Full Scope of Medical Costs: This includes past, present, and future expenses for medical treatment, rehabilitation, therapy, and any necessary adaptive equipment.
Establishing liability requires a thorough understanding of Maryland’s specific regulations and legal precedents. An experienced construction accident attorney has the resources to help you walk through the process of filing a claim. At The Jaklitsch Law Group, we are dedicated to helping you recover from your injuries and will work to increase your settlement value.
Common Construction Site Injuries
Construction sites are inherently hazardous environments. If you are injured on a construction site as a bystander or a worker, you need to seek immediate medical attention. This will help establish the link from your injuries to your accident and could serve as vital evidence for your later compensation claim. Some common construction site injuries include:
- Falls from Heights: A leading cause of serious injuries and fatalities on construction sites, often resulting from falls from scaffolds, roofs, ladders, or unfinished structures.
- Struck by Objects: Workers or others near a construction site can be hit by falling tools or materials, swinging equipment, or moving vehicles.
- Crushing Injuries: Becoming caught in heavy machinery or between two objects can cause crushing injuries.
- Electrocutions: Contact with live wires, faulty equipment, or improper grounding can lead to severe electrical shocks and burns.
- Exposure to Hazardous Materials: Inhaling toxic fumes, coming into contact with dangerous chemicals, or exposure to excessive noise or extreme temperatures can cause a range of health issues.
- Vehicle-Related Accidents: Collisions involving forklifts, excavators, dump trucks, or other construction vehicles can lead to severe injuries such as traumatic brain injury.
- Fires and Explosions: Accidental or intentional fires and explosions can cause severe burns, smoke inhalation, and other traumatic injuries.
Many injuries, particularly those involving the head, neck, back, or internal organs, might not show immediate symptoms right away, especially in the aftermath of an accident, when adrenaline may be masking your symptoms. Hidden injuries like concussions, internal bleeding, and spinal damage can be life-threatening if left undiagnosed and untreated. Be sure to immediately receive medical evaluation to ensure that your injuries are identified and addressed quickly, preventing further complications in the future.
Legal Options for Non-Workers Injured in Construction Accidents
Workers are the most likely people to be injured in a construction accident. However, there are times when others get injured as well. Whether you are a motorist, a pedestrian, or just a bystander who has been injured on or near a construction site, you have the right to file for a personal injury claim or civil lawsuit.
Our construction accident lawyers work to hold negligent construction companies responsible for their actions and get you the financial compensation you need to recover from your injuries, including medical bills, lost wages, and pain and suffering. We understand the devastating impact such injuries can have on your life.
If you are wondering if your situation qualifies for a personal injury claim, contact our construction accident attorneys to discuss your case. We will walk you through potential options for seeking compensation and make sure that you file within the statute of limitations. Do not risk losing your right to compensation by delaying, as strict deadlines apply to these types of claims.
Contact the Jaklitsch Law Group After a Construction Accident in Maryland
When a construction accident leaves you injured, your future may seem uncertain. The Jaklitsch Law Group is here to help. We assist injured individuals in filing workers’ compensation claims, personal injury claims, and civil lawsuits in Maryland. Our dedicated construction accident lawyers provide the legal support you need during this challenging time. When you are ready to discuss your claim, contact us online for a free consultation and to discuss your options.
