Workplace Construction Accidents
Workplace accidents are a widespread hazard in many professions and can result in serious harm. Although employees who are injured on the job usually pursue workers’ compensation benefits paid by their employer’s insurer, there are many instances in which individuals are hurt because of the negligence of a third party, or someone other than their employer. Construction workers particularly face inherent risks in their jobs, since they are exposed to potentially dangerous surroundings on a daily basis. Defective power tools or the careless actions of a subcontractor working at a job site, for example, could give arise to a claim against the person or entity responsible. Experienced injury attorney Russell J. Goldsmith has been representing victims of workplace accidents against parties that have harmed them for over 33 years. At the Law Offices of Russell J. Goldsmith, your case will receive the personalized attention and zealous advocacy needed to assert your rights.Bringing a Claim Based on the Negligence of a Third Party
In many situations, careless or reckless behavior by an individual or entity at a construction site will result in accidents that cause serious harm to workers there. Unlike the employer of the victim, which is typically shielded from liability due to workers’ compensation exclusivity provisions, third parties can generally be held responsible for their negligence. The number of parties rotating in and out of these job sites other than your employer, which include contractors, subcontractors, vendors, and others, make it fairly plausible that an accident will involve one of these third parties.
If your injury was not caused by your employer, but instead by the negligence of another party, you may have a viable personal injury claim against it. A negligence action requires the plaintiff to establish four elements of a claim by a preponderance of the evidence. This standard of proof means that the plaintiff’s version of events is more likely than not to be true. The plaintiff must prove that the defendant owed a duty of care to the plaintiff, that the defendant breached the duty of care, that the defendant’s actions were the proximate cause of the injury to the plaintiff, and that the plaintiff suffered actual damages.
Every person has a general duty to exercise reasonable care and avoid acting in a manner that puts others at a foreseeable risk of injury. In some instances, depending on the type of defendant, the relationship between the parties, and the circumstances of the accident, the defendant may be held to a different duty or to a particular standard of care. Secondly, the plaintiff must show that the defendant breached this duty, or failed to behave with the level of precaution that a reasonably prudent person would have used under the same or similar circumstances. The plaintiff must then demonstrate that the negligent actions of the defendant directly caused the plaintiff’s injury. This means that the harm was a foreseeable result of the breach and that it would not have happened if not for the breach.
Damages in negligence claims are comprised of several types of compensation and will vary depending on the facts of your personal injury case and on the state in which you are bringing the claim. While some damages are intended to account for economic, or relatively objective, costs and losses, others are based on non-economic, or relatively subjective, forms of harm. For example, an accident victim may seek reimbursement for past, present, and future medical expenses, lost wages, lost earning capacity, pain and suffering, disfigurement or disability, and loss of consortium, as appropriate in a particular case.
It is important to understand that laws regarding personal injury actions are state-specific and impose a deadline within which you must file your claim, also known as the statute of limitations. Discussing the details of your case with an experienced personal injury attorney will help you to determine what your rights and legal options are under your state’s law.Explore Your Options With an Experienced Accident Attorney
If you have been hurt in a workplace accident caused by another party’s careless actions, you may be able to pursue compensation from the negligent person or entity for medical expenses and other damages. At the Law Offices of Russell J. Goldsmith, our experienced legal team can provide you with thorough representation tailored to the particular facts of your case. To schedule a free consultation with workplace accident lawyer Russell J. Goldsmith, call us at (800) 773-8622 or contact us online.