Filing a Personal Injury Claim Due to a Construction or Industrial Accident



Construction and industrial accidents occur all the time and may result in serious injuries. Construction and factory workers may be injured on the job due to the negligence of an employer, co-worker or a third party. Bystanders may also be injured on a construction or industrial site. While work injuries are covered by workers compensation, insurance does not provide coverage for emotional pain or suffering.

A personal injury law suit can include financial compensation for these other damages a worker may suffer as a result of a work-related injury or illness. A worker injured in a construction and industrial accident may file a personal injury claim even when workers compensation benefits have been paid to the employee.

Bystanders injured in construction or industrial accidents may be offered compensation by the liability insurance provider of the construction company, business or another entity responsible for the site, like a state government in the case of municipal construction sites. The settlement offered may or may not be sufficient for covering the medical expenses you incur or other damages you suffer as a result of your injuries.

The legal landscape can be complicated. The damages to which you may be entitled after a construction or industrial accident can be extensive. For these reasons, hiring a personal injury lawyer to handle your claim is advisable.

Proving Your Construction or Industrial Accident Personal Injury Claim

In any construction or industrial accident personal injury claim you must prove negligence on behalf of a third party in order to receive financial compensation for medical care and treatment and/or emotional distress, pain and suffering. The circumstances of your injury will determine the burden of proof required for effectively arguing your claim and may additionally determine the amount of compensation to which you may be entitled.

For instance, you may have been injured due to worker negligence if the actions of another individual resulted in your injuries. If this is the case in your personal injury claim, you will need to prove negligence in the actions of the other individual. Records from the construction company or other industrial site will be required. Eye witness accounts will also be necessary. The documentation necessary for proving such a claim can be extensive, and will, of course, include your own formal statement of events as well.

Or, perhaps you were injured due to faulty equipment or machinery, in which case the defectiveness of the device will need to be proven. Potentially negligence on the part of the equipment operator or owner may come in to play as well in the claim. This is especially true if they should have reasonably been able to anticipate the potential of an injury occurring from the use of the machine or other equipment. Again, eye witness statements and your own statement of events will be required to prove your claim.

Medical records, police reports, and a number of other official forms of documentation may be necessary for proving your construction or industrial accident personal injury claim. A personal injury attorney familiar with handling civil cases involving industrial and construction accidents can help you determine the documentation required for supporting your claim and can also help you obtain the appropriate records for documenting your case as well.

Your Construction or Industrial Accident Personal Injury Case

Work-related illnesses and injuries and bystander injuries that occur in industrial or construction sites can result in lasting impairment. Some who suffer these types of injuries are temporarily or permanently disabled as a result of the incident. A construction and industrial accident personal injury lawyer may be able to help you obtain compensation from lost wages or reduction of future earning ability as well as financial damages for medical expenses and emotional pain and suffering.

A personal injury lawyer familiar with construction and industrial accident personal injury claims will be able to assess your case, determine if you have a winnable claim, and can assist you in filing your claim. He or she can also help you obtain the documentation required for proving your claim and can negotiate a settlement or represent you at trial, whichever is necessary in your case.