Qualified Suburban Maryland Construction Accident Lawyers
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.
The Dual Compensation System for Workplace Accidents
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.
A Word from a Client
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.
Frequently Asked Questions (FAQs)
Do I have to file a lawsuit to obtain compensation for a workplace construction accident?
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.
How will OSHA regulations affect my case?
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.
What are my options if my loved one died in a Maryland construction accident?
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.
Who should I file my Maryland construction accident against?
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:
- the general contractor
- the owner of the construction site
- the manufacturer of a defective product
Winning a personal injury lawsuit requires you to prove negligence – however, workers’ compensation claims require no proof of fault.
What is contributory negligence and why does it matter?
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.
What are some examples of the types of construction accidents in Maryland that might justify a claim?
Many different types of accidents might justify a claim, including:
- A fall caused by a defective ladder or scaffolding
- A vehicle accident caused by the driver of a forklift
- Defective products or safety equipment
- Electrical shock caused by improper wiring or exposed electrical lines
- Repetitive motion injuries
- Hazardous chemical exposure
- An accident caused by a third party contractor or property owner
What are some of the most common defenses against a construction accident claim?
Some of the most common defenses against construction accident claims include:
- You were intoxicated at the time of the injury;
- You were partly at fault for the accident (if the defendant is not your employer); or
- You were an independent contractor, not an employee, and you were partly at fault for the accident.
Our Legal Team
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.
- We have been representing personal injury victims for more than 35 years.
- We have brought in an aggregate recovery of over $1,000,000,000 for our clients.
- Four of our thirteen lawyers have been named Top Lawyers by the Washingtonian Magazine.
- Five of us have been named Super Lawyers, an honor awarded to only one in forty Maryland lawyers.
- Five of us have been selected Best Lawyers in America by a survey of thousands of our peers in the legal profession.
Contact Our Expert Maryland Construction Accident Attorneys Today
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.