Construction jobs pose an extremely high risk of injury due to the use of heavy machinery, often at dangerous heights. Even when construction companies and their workers follow proper safety regulations, mistakes can happen, machinery can fail, and unexpected accidents can occur. If you have been involved in a construction accident, consult a construction accident lawyer in Lafayette.
At Galloway Jefcoat, our experienced Lafayette personal injury lawyers have been representing Louisiana’s injured victims for nearly 30 years.
During that time, we have secured millions in compensation for our clients. We have the resources and staff to fully investigate the events that led to your accident, and we are prepared to protect your legal rights.
Determining if You Have a Valid Construction Accident Case
Every construction accident is different, and there are many factors that can impact whether there is a claim. The good news is that we offer a completely free case review.
These initial consultations are an excellent opportunity to get answers to your legal questions and find out if you have a case. Before your meeting, you must gather more information about what happened, such as:
- Company/employer
- Site supervisor name and contact details
- Date of the accident, as well as the location
- What you were doing prior to the accident
- Equipment or machinery you were using
- Equipment or machinery others were using near you
- Working conditions on the day/date of your accident
- Whether any safety conditions existed – Were you using proper gear? Did any machinery fail?
- Knowledge of employer citations for safety violations
Construction accident cases can be so challenging, and it is important to understand what the burden of proof is in a Louisiana personal injury case so you know how to proceed.
You must establish that another party owed you a duty of care and violated their duty, causing you harm. You must also have sustained real damages, such as medical costs and lost wages. If there is no negligence, there is no case.
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How Much a Construction Accident Claim Could Be Worth
The value of a case is based on various factors, including the severity and type of injuries and the length of your recovery. For instance, surgery could increase the value of your claim, as well as if you are unable to return to your chosen career or are unable to work at all.
There are also different types of claims an injured construction site worker may be able to pursue, including:
- Workers’ compensation: In Louisiana, you may be eligible to file a workers’ compensation claim for your damages. The benefit of going this route is that you do not have to establish negligence. However, you cannot recover as many types of compensation in a workers’ comp claim as you can in a personal injury lawsuit.
- Personal injury lawsuit: If you have a valid personal injury claim for your construction accident injuries, it is vital to seek legal help right away. This type of claim may allow you to recover more losses and result in a larger settlement.
- Wrongful death claim: If someone dies in a construction accident, family members may be eligible to seek financial relief to help cover losses like funeral costs, emotional distress, lost wages, and other damages.
- Independent contractor claims: Individuals classified as independent contractors may be able to hold negligent parties liable in certain situations. However, these cases may be more complex because independent contractors have more freedom and control than employees.
A construction accident attorney in Lafayette can assess your case and help you determine which type of claim you may be able to file. Our team can also walk you through what steps you need to take based on the type of claim you are pursuing.
"Galloway Jefcoat are amazing professionals who are very client focused. They will guide you thru all the details to help get your litigation solved. I was involved in a crash that ultimate required a knee replacement"
Who May Be Liable for My Damages After a Construction Accident
There are multiple parties who could be liable for losses resulting from a construction accident. This is why there needs to be a full investigation.
Most often, liability tends to fall to one or more of these parties:
- Construction Site Owner: Any known hazards on a construction site must be mitigated. If a site owner knew or should have known about a hazard, he or she can be held liable for any damages resulting from an accident.
- Contractors and/or Subcontractors: In addition to carefully adhering to state and federal safety regulations, contractors and/or subcontractors must follow proper hiring practices and make sure their employees have the skills, experience, and training.
- Manufacturers: Equipment supplied by manufacturers may sometimes have a defect or design flaw. If a defect causes harm to other workers, then the manufacturer could be held liable for the damages.
- Equipment Suppliers: Companies that supply equipment can also be held liable if they knowingly provided equipment or machinery that was defective.
- Engineers and/or Architects: If engineers or architects knew or should have known about a design flaw and that defect contributed to the accident, they could be liable for damages.
Determining liability in these cases is often complicated because of the various parties on a jobsite. More than one party may even be responsible, so gathering evidence and seeking legal representation can help provide clarity and streamline the overall process.
The correct party must be identified before you can hold them accountable.
"As a client of Galloway Jefcoat for over two years I want to take a minute to say how much I appreciate the team handling my case."
The Most Common Construction Site Violations
Employers are required to follow Occupational Safety and Health Administration (OSHA) regulations to ensure employee safety on the job. However, violations can cause serious, life-altering injuries.
Some of the most common construction site violations include:
- Fall protection: OSHA requires fall prevention measures, such as treads, floor hole covers, safety nets, harnesses, railings, and more. They can help prevent deaths and injuries caused by the multiple types of fall hazards that may exist on a construction site. Falls on construction sites are one of the “fatal four” construction injury accidents.
- Scaffolding injuries: Construction workers often need to work at dangerous heights. Scaffolding is used to protect these workers. Unfortunately, many injuries occur due to scaffolding giving way, workers getting hit by a falling object, or if a worker slips and falls from the scaffolding.
- Falling from ladders: Construction workers falling from ladders is one of the most common types of accidents, including fatal falls, that occur on a work site. Ladders can be a serious fall hazard for workers if OSHA regulations are not strictly followed and enforced.
- Electrocution: This is another of the fatal four causes of construction site injuries. Workers have a higher-than-average risk of electrocution on the job as they often work near live wires.
- Machinery: The use of machinery on a construction site can lead to all sorts of injuries, including severed fingers, hands, and limbs, equipment burns, and severe lacerations. These injuries may occur as a result of a defect in the equipment or by inexperienced workers who have not been properly trained on how to use the machinery.
- Struck by falling object: Workers getting hit by a falling object is another leading cause of fatal accidents on a construction site.
- Caught in between heavy objects or machinery: This is one of the fatal four injuries on construction sites. These injuries often occur when a worker gets caught between heavy machinery or other heavy objects on a construction site. This type of accident can lead to life-threatening crush injuries, loss of limbs, and loss of life.
OSHA violations can be quite costly for employers. If they are liable, they may have to pay fines as well as pay for your damages. Our lawyers can help you hold these and other applicable parties accountable for failing to maintain OSHA standards.
Types of Injuries Workers May Suffer and The Impact on Their Lives
Construction workers can suffer severe injuries because of the type of accidents listed above. Common injuries may include broken bones, soft tissue damage, spinal cord injuries, traumatic brain injuries, electrocution injuries, internal injuries, crushing injuries, electrocutions, and more. While some construction injuries may be minor, the nature of the industry often contributes to catastrophic harm.
These types of injuries often have a profound impact on a worker’s life. Expensive medical treatments, physical impairments, and difficulty working are a few challenges construction workers may face after an injury.
This also means that workers may need greater compensation to offset their losses. Insurance or workers’ comp claims may limit compensation, so talk to Galloway Jefcoat about recovery options.
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Steps You Should Take After a Construction Accident
If you have been involved in a construction accident in Louisiana, there are critical steps to take to protect your rights and build a strong case. These actions can have a significant impact on the outcome of your case.
To have a better chance at securing a favorable outcome, you should:
- Seek immediate medical care: Your health should be your top priority. Some injuries may be internal, which means symptoms could be delayed. Waiting to seek medical care could put your health or even your life at serious risk. If you are wondering if refusing medical treatment can hurt your claim, you should be aware that you will need medical records to link your injuries to the accident.
- Notify the authorities: Contact the local police or law enforcement to report the accident. They can create an official accident report, which can be valuable in documenting the incident. Secure a copy of the report.
- Gather evidence: If you can safely do so, collect evidence at the scene. Take photographs of your injuries, any construction equipment, and the surrounding area where the incident occurred. Gather witness contact information if possible.
- Preserve all records: Keep a record of all medical records, bills, and expenses related to your injuries. These records should also include documentation of doctor appointments, medications, rehabilitation costs, and more.
- Avoid making statements: Be extremely cautious about what you say to insurance companies. Do not admit fault or discuss the accident in detail without consulting a construction accident lawyer.
- Consult a construction accident lawyer in Lafayette: We strongly recommend seeking legal help from a knowledgeable construction accident lawyer as soon as possible.
Taking these steps early can help reduce your stress throughout your case. They can also help minimize potential pushback from the insurance company. The more evidence you have, the easier it can be to secure maximum compensation for your losses.
How a Construction Accident Attorney in Lafayette Can Assist You With Your Claim
After a construction accident, you may be asking yourself how do you know if you need a personal injury lawyer in Louisiana. A construction accident lawyer brings a range of skills and knowledge to your case.
At Galloway Jefcoat, we are committed to helping you navigate the complex legal system following a construction accident. We are prepared to help you with your:
- Accident investigation: We are prepared to fully investigate your accident to determine the cause and identify potentially liable parties. Galloway Jefcoat has a firm investigator on staff to help us thoroughly evaluate what happened.
- Evidence collection: We can gather and preserve crucial evidence, such as accident reports, medical records, witness statements, and photographs, to build a strong case on your behalf.
- Settlement negotiation: Our construction accident lawyers are skilled negotiators. We are prepared to engage with insurance companies to secure the maximum possible compensation on your behalf. We strive to recover full compensation for your medical bills, lost wages, pain and suffering, and other damages.
- Court representation: If it is not possible to reach a settlement through negotiation, we are prepared to take your case to court. We can represent you in legal proceedings and present a compelling case to a judge and jury.
At Galloway Jefcoat, we have been representing injured victims for decades and recovered millions in compensation on behalf of our clients. We prioritize our clients’ needs and tailor our approach to their specific circumstances so we can optimize their case for success.
Compensation You May Receive in a Construction Accident Case
In a construction accident case, you may be eligible for various forms of compensation. What you can recover depends on the type of claim you are filing and the type, extent, and severity of your losses.
However, some common losses that are recoverable in these cases may include:
- Emergency transportation, such as by ambulance
- Emergency room costs
- Diagnostic testing
- Surgical intervention
- Physical therapy
- Lost wages or earning potential
- Mobility assistive devices, medical equipment, and vehicle or home accommodations
- Funeral and burial expenses
- Pain and suffering
- Emotional distress
- Decreased quality of life
- Loss of consortium or companionship
Galloway Jefcoat can walk you through economic vs. non-economic damages in a PI claim and help you calculate the value of your case.
We work diligently to build a strong case that helps you recover your losses. Our attorneys are highly skilled negotiators and can communicate on your behalf with insurance companies, workers’ comp adjusters, and other applicable parties.
Statute of Limitations for Recovering Compensation in Louisiana
Louisiana has a two-year statute of limitations (Louisiana Civil Code Article 3493.1) for personal injury lawsuits, if the accident occurred after July 1, 2024.
This means that if you do not file a claim within this period of time, you may have to cover your expenses out of pocket. The limitation period begins on the date of the accident. Delays in securing legal representation and filing a lawsuit could make it hard to secure legal representation.
The statute of limitations for workers’ compensation claims is generally different and allows victims up to a year to resolve their claim. However, reporting and filing deadlines throughout the process are much shorter, so it is important to consult a construction accident attorney in Lafayette.
Required Construction Site Safety Regulations in Louisiana
Unlike many other states across the U.S., Louisiana does not have its own construction safety regulations. Instead, it adheres to federal OSHA regulations, which include safety regulations about things like:
- Proper use of machinery and other equipment
- Ensuring protection from construction site hazards
- Providing treads for workers in areas where there is a slip and fall hazard
- Proper positioning of scaffolding away from electrical power lines and other hazards
- Safety gear that must be worn on the construction site
- Enforcing the use of safety equipment
Construction sites must have these federal regulations posted in a visible location so all workers and visitors are aware of these guidelines and can comply with them. Fines may be issued if construction sites do not comply.
Contact Galloway Jefcoat Today
If you or a loved one has been injured in a construction accident in Louisiana, contact us today to schedule a free consultation. At Galloway Jefcoat, we have the experience and knowledge to guide you through the legal process, and we are prepared to work tirelessly to protect your rights. We have handled thousands of personal injury claims, and our firm has a history of results.
Call our offices to set up a free initial consultation with an experienced Lafayette construction accident attorney from our team. We can answer your questions and help you determine your options, rights, and a way forward.
"Galloway Jefcoat helped me at a time when I felt lost and taken advantage of by my employer."
