Tens of thousands of construction accidents occur every year in the United States, including over a thousand fatal accidents. The good news is that if you were injured in a workplace construction accident as an employee, you don’t have to prove your employer was at fault to win compensation. Likewise, absent extreme circumstances, you can win even if the accident was your fault.
Most workplace accidents, including most construction accidents, are compensated through the workers’ compensation system. Although fault is generally irrelevant in a workers’ compensation claim, your potential compensation is far more limited than it would be in an ordinary personal injury claim.
When you are claiming against a defendant other than your employer, you can be released from the workers’ compensation system to file an ordinary personal injury claim (including a lawsuit). Filing an ordinary personal injury claim will work to your advantage if you have strong evidence that the defendant was 100 percent responsible for the accident.
At Koonz McKenney Johnson & DePaolis LLP, there is no such thing as being unable to afford a lawyer. That’s because our bill doesn’t come due until we win your case and you receive the money. Since your bill is calculated as a percentage of your compensation, and since any percentage of zero is still zero, if we don’t win your case, you will owe us nothing. Contact us today for a free consultation.
I want to express my sincere gratitude for your professional and compassionate service you provided with the handling of my accident case. I was confident of a positive outcome after our initial meeting and I am glad that I was correct.
Your approach to the situation was impressive and you were reassuring to any potential doubts. Not only did you start the process proactively but you were passionate and honest. My case wasn’t that easy, but with your diligent work, WE were able to get the results we wanted. Your special ways and generous heart make a beautiful difference.” – A.K.
Car Accidents: A car accident injury is a prototypical personal injury claim. Unfortunately, most car accident victims do not receive the compensation they deserve because they enter into negotiations with the insurance company with no representation, or with inadequate representation. We know all the tricks that auto insurance companies try to pull, and most of them know better than to even try any of them on us.
Medical Malpractice: Medical malpractice is a frightening topic that people are understandably reluctant to discuss. When you consider that even the American Medical Association admits that medical malpractice is one of the top three causes of death in the United States, it is obvious that an unexplained medical mishap should not be simply written off as unavoidable.
Workers’ Compensation: The workers’ compensation system allows you to claim compensation for a workplace injury without having to prove fault, as long as you do not seek compensation for pain and suffering. This system works differently than the ordinary personal injury civil compensation system. Death benefits are also available to relatives of workers who died in workplace accidents.
Asbestos Disease/Mesothelioma: Mesothelioma is a particularly cruel killer because it typically strikes decades after the date of last exposure to asbestos. Moreover, mesothelioma is not the only asbestos-related disease that may strike you, especially if you worked in one of the occupations in which exposure to asbestos was a daily occupational hazard. It is possible to win compensation for an asbestos-related illness even if the defendant went out of business decades ago.
Product Liability: You might be shocked at the sheer number of products that you have used during the last year – everything from shampoo to auto airbags to prescription drugs. It is no surprise, then, that thousands of people are injured or killed every year by defective products. In Maryland as well as other states, product liability provides a legal remedy.
Premises Liability: Owners and renters of commercial and residential real estate are charged with the legal duty to keep their premises safe for guests. They are obliged to inspect the property for dangerous conditions and to repair or warn of them so that guests are not injured on their property. If they fail to do so and a guest is injured as a result, a premises liability claim arises.
Federal Tort Claims Act: The Federal Tort Claims Act is a law that allows you to sue the U.S. government for personal injury, even though any compensation will have to come out of taxpayer-provided funds. Although not all personal injury claims against the U.S. government are allowed under the Tort Claims Act, many of them are. Certain deadlines and bureaucratic restrictions apply.
Nursing Home Abuse: Nothing makes us angrier than nursing home abuse. Unfortunately, it takes place somewhere or another on a daily basis, and some nursing homes get accused over and over again. Make no mistake about it, neglect is also a form of abuse, even if no active abuse took place. We can help.
Not necessarily. Most workplace accidents are eligible for workers’ compensation, and you do not have to file a lawsuit to recover damages if you go that route. Instead, you file a claim with your employer’s insurance carrier. If you are an employee filing a claim against your employer, filing a personal injury lawsuit may be out of the question.
OSHA regulations are federal regulations that apply to the construction industry. Violation of an OSHA regulation is evidence of negligence on the part of a defendant, but this is normally irrelevant to a Maryland workers’ compensation proceeding since you do not need to prove fault. If you are filing an ordinary personal injury lawsuit, proving the violation of an OSHA regulation can help prove fault but does not automatically win the case for you.
If the death was caused by a workplace accident and the employer is the defendant, workers’ compensation death benefits apply. Death benefits go to the decedent’s spouse, children, and financial dependents. Otherwise, certain eligible surviving relatives may file a wrongful death lawsuit under the Maryland wrongful death statute.
It depends on who was responsible (you might be able to file a claim against more than one defendant). Your remedy against your employer is limited to workers’ compensation benefits. Depending on the circumstances, you might be able to file a personal injury lawsuit against:
Winning a personal injury lawsuit requires you to prove negligence – however, workers’ compensation claims require no proof of fault.
The contributory negligence principle, applicable in Maryland and just a few other jurisdictions, prevents a personal injury victim from receiving any compensation if he was even one percent at fault for the accident. Fortunately, contributory negligence does not apply to workers’ compensation claims.
Many different types of accidents might justify a claim, including:
Some of the most common defenses against construction accident claims include:
At Koonz McKenney Johnson & DePaolis LLP, there is a reason why we are widely considered to be one of the top personal injury firms in the legal industry. In fact, there are several reasons.
When it comes to a personal injury compensation claim, you need to strike while the iron is hot – the longer you wait, the harder it will be to win your case. If you have been injured in a Maryland construction accident, call us at (301) 345-5700 or simply contact us online, so that we can schedule a free initial consultation for you.