Construction is inherently dangerous, but that does not mean you are responsible for all the expenses associated with your construction accident injuries. Many construction workers falsely assume that injuries are just part of the job. That is simply not true. Injured construction workers may be entitled to substantial construction accident settlements depending on the severity of their injuries and other factors specific to their claim.
If you or someone you know has sustained construction accident injuries, you may wonder about the average settlement for a construction accident. The experienced team at D’Amore Law Group is happy to help you navigate the claims process to receive the best possible settlement outcome. Contact us today.
Construction Industry Injury Statistics
The United States Bureau of Labor Statistics and the Occupational Safety and Health Administration track workplace-related injuries across construction and other industries. Here are some recent statistics on construction accident injuries.
- 5,190 fatal work injuries were recorded in the United States in 2021.
- The construction industry accounts for 6% of all injuries that result in loss of days at work.
- In the United States, approximately 16% of worker deaths occur in the construction industry, but construction workers make up only 6% of the U.S. labor force.
- Injury and illness rates in 2020 were 24% higher in construction than they were across all industries in the U.S.
- In 2020, a total of 1,008 construction workers died on the job.
- The leading causes of construction deaths include falls, being struck by equipment, being caught between objects, and electrocutions. These incident types account for over 60% of all construction-related deaths.
- Falling accounts for 34% of all construction-related fatalities.
There are a lot of things that can go wrong during a construction project, including falls, equipment malfunctions, electrocution, and impacts. You may be entitled to a settlement for your injuries.
How to File a Claim for Construction Accident Injuries
Most construction accident injury claims are handled through the workers’ compensation system. In many cases, workers’ compensation will cover your minor injuries and allow you time to recover.
Workers’ compensation is available even if you were at fault for the accident that caused your injuries, but there are limitations, and claims must be approved. If your injuries are extensive, your expenses may quickly exceed your employer’s coverage. When this happens, you may have the option to file a lawsuit. If you have already accepted the workers’ compensation settlement, you will likely be barred from taking additional legal action.
A construction accident attorney can help you determine the value of your claim and whether a workers’ compensation settlement will be sufficient. They can also help if your workers’ compensation claim is denied. It is worth noting that workers’ compensation does not cover pain and suffering.
Who Is Liable for Your Injuries?
To pursue a personal injury lawsuit, the cause of the accident must have been someone else’s negligent action or inaction. Depending on the circumstances of your accident, there may be multiple people or parties responsible. Here are a few potentially liable parties that could be present in your case. But keep in mind that workers’ comp does not require a showing of fault or negligence. So if your claim is covered by workers’ comp, that system typically offers the exclusive remedy for compensation for your work-related injury without a showing of negligence. You may be able to pursue a third-party claim in the form of a lawsuit if a party other than your employer is at fault for your injury.
The Construction Company
A construction company has a duty to provide the safest work environment possible given the circumstances and to ensure that all employees are trained on the safest ways to perform their duties.
Contractors and Subcontractors
Contractors are obligated to ensure the safety of all workers on their construction site. They must also ensure that they are adhering to all federal and state safety regulations pertaining to construction.
The Property Owner
There could be a situation where the property owner should have known there was a danger on the property. This could be a vicious dog that bites, or it could be something like a cracked foundation or collapsing roof.
Architects and Engineers
A flawed design could result in an unstable structure. If the instability of the design causes the accident, an architect or engineer (and their firm) could be liable for the accident.
There is a lot of equipment and supplies necessary for construction projects. If a material or piece of equipment is defective, it could result in serious injury,
What Is the Average Settlement for a Construction Accident?
There is no way to determine the average settlement for a construction accident because the compensation you receive is determined by the facts of your claim. Important factors may differ depending on whether you file a lawsuit or a workers’ compensation claim.
If accepting a workers’ compensation settlement:
- The severity of your injuries,
- How much time you are unable to work, and
- Coverage provided by your employer.
If filing a lawsuit:
- Severity of your injuries,
- Injury prognosis,
- Who is liable for your injuries, and
- Degree of pain and suffering.
Should You Hire a Construction Accident Injury Attorney?
If you were injured during a construction accident, it is important to ensure that you receive adequate compensation for your injuries. Here are some ways an experienced attorney can help:
- Identify who was responsible for the accident and your injuries,
- Investigate the details of the accident,
- Collect evidence to present as needed to justify your workers’ compensation claim or lawsuit,
- Determine the value of your claim (including future expenses),
- Negotiate a fair settlement that does not leave you with bills to pay, and
- Determine the best legal strategy if your claim is denied or you cannot reach a settlement through negotiation.
The team at D’Amore Law Group has obtained millions of dollars in settlements and verdicts for injured construction workers. We handle cases from both residential and commercial construction sites. If you or a family member were injured in a construction accident, please understand that injuries are not just part of the job. We are here to help guide you through the process of receiving the compensation you deserve. Contact us to schedule your case consultation.