Construction Site Injuries
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| WHAT TO DO IF YOU THINK YOU HAVE A CLAIM | ||||||||||||||||||||||||||
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| CONSTRUCTION INJURY FAQs | ||||||||||||||||||||||||||
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Construction Injuries
Construction injuries are far more common in Washington than you might think. L&I may help, but it may not be enough when a serious injury occurs due to someone’s negligence. If you are injured on the job, or even worse a loved one has died from job related injuries, you need the help of a knowledgeable, experienced, and aggressive construction injury attorney.
Premier Law Group’s aggressive construction injury attorneys have years of experience successfully representing families who have suffered the devastation of a construction site injury. We have won millions of dollars for our past clients, and we will do whatever we can to help you recover the maximum possible compensation.
Premier Law Group can help you no matter where you live in Washington State. We routinely make home and hospital visits. We truly go the extra mile for our clients and we believe our experience, past results, and personal attention make us different from most other Washington attorneys.
Call us today for a free consultation and case evaluation. If we handle your construction injury case, you pay absolutely no legal fees unless we win. Premier Law Group is here to make a difference in your life.
IF YOU WERE INJURED IN A WORK RELATED ACCIDENT
If you are injured on the job, you need to keep two goals in mind:
1. You want to recover from your injury. Make sure you get the best medical care.
2. You want to secure the most money possible to pay for all your medical expenses, loss of income, lost earning potential, and pain and suffering.
These goals are best accomplished by following certain steps. By doing the following things, you will make it easier for your doctor and lawyer to do their best for you.
Report Every Complaint Thoroughly
If you have been injured on the job it is no time to play the strong, silent type. It doesn’t matter how insignificant your different symptoms may seem, make sure you tell your physician about all of them, regardless of the doctor’s specialty. Tell your doctors all of your complaints from head to toe. Be as thorough as possible. Some minor symptom, such as stiffness, headache, or dizziness could be early symptoms of a much greater problem. If months later that problem becomes more severe, your attorney can prove it was related to the accident because you immediately had complaints in that area of your body.
A common example of that is spinal injury such as disc herniation. In patients who suffer from back and neck pain, most doctors try months of physical therapy and medication before an MRI is recommend to rule out spinal injury. However, if the patient complained of radiating pain, or numbness and tingling, early on in the course of her treatment, an attorney can prove the disc damage which is detected months later is a result of the accident. Important Note: Pain that radiates to the arms, legs and across the shoulders as well as a sensation of numbness or tingling in arms, fingers, legs and toes are early signs of spinal injury. If you have these symptoms, tell your doctor immediately.
Preserve the Evidence
Take photos of wounds, lacerations, bruises, and all other physical evidence of your injury. A bruise may fade in a day. Buy a disposable camera if you have to. Also, take photos of the site where the injury took place. Evidence is often cleared away, and may never be available again.
Witnesses
Sometimes independent witnesses can make the difference in a case. Get the names, addresses, and phone numbers of anybody who witnessed your accident. Having the ability to prove through independent witnesses that an accident happened the way you say it did can be the difference between winning and losing.
Keep a Journal
From the time of your accident to the time you fully recover, or to the time your case goes to trial, many important details will be forgotten. The day that you sat there and watched your friends ski but couldn’t do it yourself because of your pain may not be a significant day in your life. But remembering that experience and telling the jury how you felt that day will draw a more compelling picture in the jurors’ minds than any doctor can paint by describing your construction injury in medical terms. Keep a journal and write your daily experiences in it. Make sure you note any restrictions your injury causes and pain you experience. Share this information with us so that we may better understand the full extent of your harm. That will enable us to convey it better to the jury or whoever we are settling your case with.
Continue Your Treatment
It doesn’t matter why you stop going to the doctor. If you do, you are risking that the jury will assume that you were feeling fine and didn’t need treatment. It will also take longer for you to recover from your injury. Many reasons might seem logical at the time but when your long-term health is concerned don’t rob yourself of a healthy future. By following a consistent treatment plan, you enable your attorney to prove the ongoing nature of your pain and suffering, and to show that you did everything you could to get better.
Do not sit and wait for your doctor to refer you to another specialist. If a certain type of treatment is not helping, talk to your doctor or us about other methods of treatment. Many doctors have a difficult time giving up on you and believe they can eventually heal you. While that may be true, you owe it to yourself to get a second opinion from a specialist. If for example, your back pain has not resolved after a few weeks of physical therapy or chiropractic treatment, you should consult with an orthopedist or neurologist.
As long as you are in pain, you need to see your doctor and medical providers consistently. If no treatment has proven helpful, you still need to make and keep your doctor appointments so that you can tell your doctor about your complaints. Ultimately, the main proof of your injury will be the medical records created in your visit to your doctor’s office.
See the Right Doctor
For different types of injuries, there are different types of doctors that you need to go to. For some injuries, you may need to see more than one type of doctor. The following general guideline may be used as a reference. However, this is only a brief coverage of the topic. A physical examination by a doctor is needed to determine which type of specialist is needed in your case.
- Neurologist – Severe consistent headaches, dizziness and vertigo, numbness, paralysis, loss of motion and/or feeling, loss of memory, loss of consciousness and/or change in cognitive functioning may require a neurologist’s analysis or testing.
- Orthopedist – Spinal injuries, severe and continuous neck and/or back pain, pain and discomfort in shoulder, knees, hands and feet as well as all broken bones or other spinal and bone related injuries usually require visiting an orthopedist.
- Psychologist / Psychiatrist – Anxiety, depression, withdrawal, fear, phobia, and other behavioral and mood related symptoms must be examined by a Psychologist or a Psychiatrist.
- Physical Therapist / Chiropractor – While the above mentioned doctors will treat patients by medication or surgery, most everyone who has muscle, tendon, ligament and spinal injury could benefit from a course of physical therapy and chiropractic treatment.
Obviously there are many other specialists that have not been listed such as Opthalmologists, Otolayrngologists, Podiatrists, etc.
By following the above, you will have done your part in providing us with all the tools necessary to obtain for you the absolute maximum recovery possible. Of course, we do not want you to undergo any unnecessary treatment or examination as it will undermine the legitimacy of your injury claim as well as create unnecessary medical bills which may not be compensable.
WHAT TO DO IF YOU THINK YOU HAVE A CLAIM
Talk to a construction injury attorney.
The first step to take, if you think that you have a claim, is to talk with an attorney that focuses on construction injury claims. At Premier Law Group, we feel that our first responsibility is to make sure that you have a case. You can help us determine that by what you bring with you on your first visit. We will need a detailed description of the events surrounding your workplace injury claim. We also need copies of all your documents and medical records.
Prepare a detailed description of events.
Preparing a detailed description of the events leading up to the construction injury and describing in careful detail all aspects of the events following the incident provides us with the information we need to evaluate your case. Documenting events as they unfold provides a record of events that is more difficult to refute.
Even if you don’t suspect any negligence, it is a good idea to write down everything that happened on the job site. You may be unaware of the negligence that led to your injury. Your notes may hold the key a successful claim.
Gather copies of documents, medical records and any videos you may have been taking.
It is always helpful for us to have more information to analyze rather than less. If there is something in your possession that relates to the accident, your injuries, or the treatment it will be helpful for you to bring it to us for review.
CONSTRUCTION INJURY FAQs
Q. WHY DO I NEED A CONSTRUCTION INJURY ATTORNEY?
A. You need an attorney for several reasons:
1. Pursuing recovery for any construction injury case is a complicated legal process which requires the expertise and experience of a highly trained construction injury attorney. There are many rules and strategies that take years for an attorney to learn and acquire. Therefore, never attempt to handle your legal case on your own.
2. We can help guide you through the L&I process. Having an attorney makes it easier to seek the medical treatment you need through the most competent doctors at no upfront cost. Knowing an attorney has taken your case, will give doctors the security that their bills will be paid once the case settles. This is especially important to those who don’t have health insurance and cannot afford to pay for the cost of the medical treatment needed.
3. Only an experienced lawyer can assess the value of your case after learning the full nature and extent of any negligence involved, the value of your claim for pain and suffering, and the cost of future treatment and rehabilitation or retraining. Chances are, without an attorney, you wouldn’t have much of a case.
4. Most importantly, you need an attorney because the insurance company will offer you very little money for your injury. Only a competent, aggressive, and experienced lawyer has the means, the knowledge, and the ability to sue the at fault parties and the insurance companies and force them to give you the appropriate settlement that you are entitled to. Insurance companies have a duty to protect and defend their own insured (the negligent party). They also have a duty to act in the best interest of their shareholders by saving money. You need someone on your side who has your best interest in mind.
5. Lastly, when you have a lawyer, you don’t deal with any of the hassle, paperwork, headache and worry of dealing with insurance companies. You just sit back, knowing a skilled, competent, experienced lawyer who has your best interest in mind is going to handle your case and deal with the headache.
Q. WHO IS RESPONSIBLE IF I SUFFER AN INJURY ON A CONSTRUCTION SITE?
A. In Washington, the general contractor and/or the owner developer is legally responsible for providing a reasonably safe work site and to enforce Washington Industrial Safety and Health Act codes. If you are injured on a work site, you may file a workmen’s comp claim. If negligence can be proven on the part of a third party, you may also file a claim against that person or the company he/she works for. Washington does not allow you to file a claim against a fellow employee or your direct employer. This can often be a complicated analysis, therefore it is crucial to speak to an experienced competent attorney.
Q. HOW FREQUENTLY DO CONSTRUCTION INJURIES OCCUR?
A. Every year one out of every 10 construction workers will experience an on-the-job injury.
Q. WHAT ARE THE MOST COMMON CONSTRUCTION INJURIES?
A. By far the most common construction injury is falling, many from heights. Other common causes of injuries are live electrical wires, trench cave-ins, and equipment malfunctions. Cranes, forklifts, and front-end loaders are at the top of the list. Back injuries are common.
Q. WHAT TRADES HAVE THE HIGHEST INJURY RATES?
Unskilled laborers are at the highest risk of life threatening injuries. Roofers and ironworkers follow close behind.
Q. HOW SERIOUS MUST A CONSTRUCTION INJURY CLAIM BE BEFORE IT CAN BE PURSUED?
A. There is no simple answer to this question. It always depends on the case specific circumstances. It is crucial to speak to an attorney to determine if your case should be pursued.
Q. WHAT IS MEANT BY A CAP ON DAMAGES?
A. A cap is the top award for certain types of damages that a state allows. The Washington State Supreme Court ruled that a ceiling on non-economic damages, commonly known as pain and suffering, is not constitutional.
Q. WHAT IS A STATUTE OF LIMITATIONS?
A. A statute of limitations creates a cut-off date after which a suit can no longer be filed.
Q. WHAT IS WASHINGTON STATE’S STATUTE OF LIMITATIONS FOR CONSTRUCTION INJURY CASES?
A. In general, a construction injury action must be filed within three years of the injury. Because there can be circumstances where the statute is sooner or later than three years, it is important to speak to an experienced injury attorney.
Q. AM I ENTITLED TO GET ANY MONEY FOR THE TIME I LOST FROM WORK AS A RESULT OF MY INJURY?
A. Absolutely. You must first seek medical attention for your injuries. You should also discuss with your physician the nature of your work and why you will not be able to perform your work as a result of your injuries. If your physician instructs you to take off from work for a certain period of time, you will be entitled to get all the money that you would have earned if you would have gone to work in that period of time (even if you wind up getting paid by using sick leave or vacation time). Furthermore, you are entitled to be compensated for loss of income capacity (i.e. income you would have been able to earn had you not been injured that you are now unable to earn).
Q. HOW MUCH DO I HAVE TO PAY TO HIRE AN ATTORNEY?
A. Nothing. You don’t have to pay anything upfront. You hire us on a contingency basis, which means we don’t charge you anything unless we win your case. We even pay for all of the expenses associated with your case out of our own pocket. Also if for any reason we don’t recover any money (for example if we find out later that the party at fault has no money and no insurance), we still don’t charge you anything for attorney’s fees. However, when your case settles, we take a percentage of the settlement for our fees and costs. This percentage depends on whether your case resolves before litigation or for example, after trial. Please note, however, that in Washington the law requires that the client ultimately be responsible for reimbursing an attorney for costs advanced, even if the case is unsuccessful. Please contact us so that we can explain how this would work in your case.
Q. CAN I CHANGE MY LAWYERS IF I AM NOT HAPPY WITH THEM? HOW MUCH IS THAT GOING TO COST ME?
A. Fortunately you can change your lawyer anytime at absolutely no cost to you. All you have to do is call us and let us know. We will immediately send a letter to your former attorney. As soon as they receive our letter, by law they are obligated to immediately forward your file to our office. They are also forbidden from contacting you. You are not even required to inform them of your decision. Of course if they have done substantial work in your case, they are entitled to get a portion of our fees for their contribution. This will only affect our fees and will not change your recovery.
