How Can A Construction Accident Attorney Help You?

Today’s topic: Construction accident attorney.

Each year, more than 5,000 workers in the United States lose their lives on the job, and of those, one in five fatalities happens on construction sites.

This is a startling number, especially when you consider that construction workers only account for about 6% of the U.S. labor force. 

In fact, according to data from the Construction Safety Statistics (2026), construction has one of the highest injury incidences among industries. As per data, it is approximately 71% higher than the average for all industries. 

Having to deal with the aftermath of an accident or losing a loved one accidentally at a construction site can dramatically alter your life. 

The medical bills, loss of income, and the physical and emotional pain that come with sustaining serious injuries can completely disrupt how you live. 

During such hard times, it is very important that you get to know what legal rights and choices you have under the law. A competent lawyer who specializes in construction accidents can be beneficial in getting you the compensation necessary to start your life over. 

In this blog, we will break down the following things: 

• Why should you hire a construction accident attorney? 

• What is the cost of hiring them? 

• Types of damages that you can claim 

• Common types of construction site accidents. 

• Legal options like worker’s compensation and personal injury lawsuits. 

• Immediate steps to take after a construction site accident. 

Therefore, if these are a few things that you want to know, keep on reading this blog till the end… 

Why Should You Hire A Construction Accident Attorney?

Construction accident claims can be quite a legal maze, particularly those involving serious injuries. You may question whether it’s really necessary to hire an attorney. 

The fact is, having a construction accident attorney who has experience in workers’ compensation cases can significantly influence the outcome of your case. 

Here’s why: 

Expert Help In An Overwhelming Legal System

Accidents at construction sites generally result in several legal issues at once. These include: 

• Workers’ compensation. 

• Personal injury. 

• Product liability. 

• OSHA regulations. 

A good construction accident attorney can clearly see the intersection of all these laws. He/she will specify what benefits you can get under workers’ compensation and, at the same time, will request extra damages from any third party involved. 

If you don’t get the right legal help, you may overlook the possibility of filing a claim or miss the time limit. Such lawyers ensure to maximize the compensation. 

Investigation And Evidence Gathering

It is sometimes difficult to prove who is at fault in a construction accident situation. Precisely who is to blame? Was it a subcontractor who was careless? A piece of equipment that was defective? Or the general contractor who failed to provide a safe working environment? 

The lawyers of construction accidents would be ready to perform a detailed investigation that would involve, if necessary, the help of specialists like accident reconstructionist, safety engineers, or OSHA consultants. 

To top it all off, in order to establish a bulletproof case against the defendants, they will collect the indispensable evidence that may comprise: 

• Reports of the incident. 

• Records of the safety measures in place. 

• Statements from witnesses. 

• Photos. 

• Logs of the maintenance of the equipment. 

They are well aware of the kind of evidence that they need to produce in order to prove the negligence. They also know how to obtain it before it is “lost” or hidden by offenders. This is the last thing that you would want to consider whilst still recovering from your ‍ ‌‍ ‍‌injuries. 

Maximizing ‍Your Compensation

Insurers (including workers’ compensation and third-party liability insurers) typically aim to keep payouts low. If you don’t have a lawyer, the other party could trick you into accepting a much lesser settlement amount. 

The attorneys know the ins and outs of the insurance companies and lawyer negotiations by experience. They are aware of the real value of your claim, which includes the costs associated with the permanent effects of severe wounds. 

Besides that, they are professionals in spotting common tricks of the insurance companies. They will do their best work in getting you the most money possible. This always comes first, regardless of your case’s resolution in a settlement agreement or in court. 

Handling The Legal Stress

You should dedicate your energy to healing and looking after your family after a serious accident instead of rummaging through the legal paperwork and challenging claims processes, etc. 

Apart from taking the stress off your shoulders, when you bring a lawyer, he/her takes on the role of managing the case. 

A personal injury lawyer takes care of the legal work, such as: 

• Paperwork. 

• Court dates. 

• The prosecution/defense game. 

In addition to this, a construction accident attorney speaks to the insurance adjusters, so you can avoid their phone calls. 

Such a person is responsible for preparing the necessary documents for court and defending you throughout the trial if a lawsuit becomes inevitable. 

Knowing that you have a competent lawyer who cares about your case gives you a great sense of security and takes your mind off the case so that you can focus on getting ‍ ‌‍ ‍‌well. 

Cost Of Hiring A Construction Accident Attorney

When it comes to hiring a construction accident attorney, like any other PI lawyer, they generally work on a contingency fee basis. Which means you do not need to pay them any upfront cost. 

Here’s what you need to know about the cost of hiring a lawyer for your construction accident injury case: 

Typical Fee Structures

1. Contingency Fee Percentage: In general, the attorneys will take out of the final settlement or court award an amount that ranges from 33% to 40%.

• Pre-trial Settlements: It is very common that the percentage they charge is about 33.3% (one-third). This happens if the case is settled before filing a lawsuit officially.

• Trial/Litigation Fees: There are cases in which the lawyers’ share might be increased up to 40% or even more if the lawyer has to go to court. This is because the lawyer has to do more work and also takes a bigger risk.

2. Consultation Fees: Most of the time, your initial meeting with a lawyer will be free so that you can discuss your case and legal options without being under pressure financially.

Additional Case Costs

An attorney’s personal fee is always based on winning, but there are separate legal costs that come with the case.

Some of these, depending on your agreement, are taken out of your final settlement, or in very few cases, you might be billed for them: 

• Court Filing Fees: The charges you must pay to the court for officially starting a lawsuit. 

• Expert Witness Fees: Compensation given to safety experts or medical professionals who testify about the injuries or cause of the accident. 

• Administrative Costs: Charges for acquiring medical records, police reports, and official transcriptions. 

Workers’ Compensation Vs Personal Injury Claims: Understanding Your Legal Options

Following a construction site accident, you could be facing two legal avenues: a workers’ compensation claim and a third-party personal injury lawsuit. Workers’ comp benefits are no-fault and therefore come with restrictions. 

A third-party action, on the other hand, allows you to recover the total loss value, including the pain and suffering damages. Usually, there is a possibility of filing both at the same time. 

Which is why it is important that you have a better understanding of these two! 

Workers’ compensation works like a safety net. If you get hurt on the job, you get medical care and about two-thirds of your usual weekly pay, no matter who caused the accident. 

However, there is one trade-off. You can’t turn around and sue your employer. Plus, workers’ comp won’t cover things like pain and suffering. 

If you want to go after full compensation, you need to file a personal injury lawsuit. That means proving someone else—a third party—was careless, and that’s what got you hurt. 

On a construction site, this could be a general contractor, another subcontractor, the property owner, or even the company that made a faulty piece of equipment. 

If you win, you can recover everything: 

• Medical bills. 

• Entire lost wages. 

You can also receive compensation for additional damages like pain, emotional distress, and your reduced quality of life.

Types Of Damages In A Construction Accident Case

It is important that you have a clear idea about the types of damages you can claim for in such an accident case. Here are the most common damages that you can claim in a construction accident case: 

• Medical expenses. 

• Lost wages. 

• Pain and suffering. 

• Emotional distress. 

• Permanent disability or disfigurement. 

• Punitive damages. 

Apart from these, you can also claim for other economic losses. These can include things like the cost of hiring a lawyer, the transportation costs during your recovery period, etc. 

Additionally, in case of death at the accident site, it can also include financial support or funeral expenses.  

What Are The Common Construction Injuries?

Construction sites are hazardous places to work, as they contain equipment and involve activities that often lead to serious injuries. 

OSHA reports that about 6.5 million people work at 252,000 construction sites in the U.S. on any given day. 

The construction industry has a fatality rate that is higher than the average of all industries nationwide. Construction workers are at risk of hazards such as falling, trench and scaffold collapse, electrocution, and lack of personal protective equipment. 

1. Falls

It is well-known that falls account for the largest number of deaths and severe injuries on construction sites. The risk of a worker falling off scaffolding, cranes, roofs, ladders, and other tools regularly used in construction is always there. 

Just to name a few, falls could cause serious injuries, such as: 

• brain injuries. 

• spinal cord trauma. 

• broken bones. 

In 2019, the construction industry registered 1,102 fatal injuries, according to the U.S. Bureau of Labor Statistics. These deaths accounted for 20.7% of the total workplace fatalities in the United States. 

Under OSHA guidelines, it is mandatory to use fall protection even when working above hazardous equipment and machinery, no matter what the height or fall distance is. 

2. Falling Objects

Construction workers also face a higher risk of being hit by things from above. As an instance, a construction worker might get struck by tools or parts of debris that are flying. 

Anything that is not firmly secured can fall and hit the workers below. Even if a construction worker wears a safety helmet, he can still get very serious head or spinal cord injuries.

3. Struck-By Incidents

The injuries that result when workers get hit by objects at a construction site can be so severe. Based on OSHA, about 75% of all struck-by deaths in construction are related to heavy equipment, such as trucks or cranes. 

4. Equipment-Related Accidents

Heavy equipment used in construction sites has the potential to malfunction or fail, causing serious injuries. Suppose a saw is missing the necessary guards. It can result in finger or limb amputations, or even lacerations that lead to severe bleeding. 

5. Trench Or Wall Collapses

An additional frequent construction injury is when a trench that was in progress suddenly gives way on the workers who are physically present at the location. The workers could then be either hit by heavy falling objects or buried under the debris. 

Similarly, walls that have not been made adequately secure may come down and lead to serious injuries. 

What To Do After A Construction Accident?

An ‍accident at a construction site could make you not only physically injured but also emotionally shaken.

Despite this, one shouldn’t overlook the importance of doing several things immediately in order to safeguard one’s health and legal rights.

Here are five essential things to keep in mind if you get injured at a construction site: 

1. Report The Injury Immediately

Tell your boss or employer immediately after the accident and injury. For instance, the law in California demands that you inform your employer of a work injury within 30 days if you want to be eligible for workers’ compensation benefits. 

Try not to postpone or attempt to “endure the pain” – the filing of the report will initiate workers’ compensation and establish an official record of the incident. Insist on having an accident report completed, and if possible, retain a copy for yourself. 

2. Document The Scene And Witnesses

Collect evidence first-hand if you can. Capture images or record videos of the site, the machinery, if appropriate, and any peril that had a hand in the injury. This can include: 

• A shattered scaffold plank. 

• An uninsulated electric wire. 

Note down the names and other contact details of your coworkers or anyone else who was present and saw the incident for yourself. Later on, such evidence will be extremely helpful in proving fault in a third-party case. 

Should you be so seriously injured that you cannot do it immediately, you can rely on a trusted colleague or family member to assist in gathering the information for ‍‌you. 

3. Seek Prompt Medical Attention:

Even if you feel you’re fine or the injury initially seems minor, get medical care right away. Certain injuries might not have symptoms at the onset. These include: 

• Internal injuries. 

• Brain injuries. 

These can be very dangerous. Therefore, if you want to be sure, head to the ER or see a doctor immediately. Don’t forget to mention to the staff at the hospital that your injury is work-related (construction work) so they can include that in your records. 

Adhere to the doctor’s orders and don’t miss any follow-up visits. Apart from being vital for your well-being, early intervention and a continued medical record will further your case. 

4. File A Workers’ Compensation Claim

Your employer has the obligation to give the workers’ comp claim form to you within a maximum of one working day after you report the injury. 

Complete the employee part of this claim form and give it back to your employer to officially start your workers’ comp claim. 

It is a good idea to do so in writing (keep a copy) and send it by certified mail, if possible, so you have the evidence of the date when it was delivered. 

After the claim is filed, the employer’s insurance should start paying for your medical bills and give you temporary disability benefits if you are not able to work. 

If your employer fails to provide you with the form or attempts to discourage you, it is against the law get a lawyer immediately in that case. 

5. Consult A Construction Accident Attorney

After you’ve dealt with your immediate medical needs, getting in touch with a seasoned construction accident attorney should be your next move. 

A lawyer will guide you through the stages of the legal process, explain what other actions you might need to take, and help to preserve important evidence. 

They will dive deep into the details of the accident, negotiate with the insurance companies on your behalf, and find out whether there is a basis for a third-party lawsuit that can bring you much higher compensation. 

Besides, by hiring a lawyer at the beginning of the case, you are basically creating a fair ground for yourself. 

The construction firm, claims adjusters, and all the other involved parties will, without a doubt, be working to shield their interests. You are entitled to a legal representative who will not take their eyes off your interests even for a moment.