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Page 8 of 9 |
I was injured on a construction site and I don’t know who is at fault. Can an attorney help me figure out who I can make a claim against? |
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Yes, and that’s a good reason to consult with an attorney. Construction injuries can involve multiple parties, including some that may not be obvious initially, and some that have limited liability or none at all. For instance, there may be more than one corporation, a silent partner, and a management company, each with its own insurance coverage.
There may be responsibility on the part of the owners of the heavy equipment, general contractors, and so on. Big construction companies usually have savvy attorneys to protect their interests.
It should be noted at the outset that work related injury or illness is typically covered by your state’s worker's compensation laws. The purpose of these programs is to eliminate employee lawsuits for fault and negligence. Put another way, workers’ compensation is “no fault” which means the worker won’t have to prove the employer’s “negligence”. So half the worker's battle is won by not having to prove negligence. The trade-off is that workers cannot sue their employers. Furthermore, many workers compensation programs severely limit the amount of money that can be awarded as well as the length of time they can be paid out. Though you have your workers’ compensation remedies against your employer in construction accidents, the lawyers look to bring in a third party because pain and suffering and disability remedies not available under your state’s system are available there. See our section on Workers Compensation injuries.
One of the areas in which personal injury attorneys excel is getting to the bottom of this type of question and finding out who has responsibility, and who has the money. They are in a better position to pinpoint potential defendants, find out the legally correct names of each entity, get questions answered about insurance policies and the policy limits, and then negotiate accordingly. |
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