Construction work is one of the most dangerous professions, with workers facing numerous hazards on a daily basis. In Orem, construction accidents can result in serious injuries or even death.
If you or someone you know has been injured in a construction accident, it is essential to have an experienced lawyer who can help navigate the complex legal process and fight for your rights. An Orem construction accident lawyer can ensure you receive the compensation you deserve.
Why You Need an Orem Construction Accident Attorney
Dealing with the aftermath of a construction accident can be overwhelming. Here’s why you should consider hiring a lawyer:
- Navigating Complex Laws and Regulations: Construction accident cases often involve both state and federal laws, making the legal process complicated. A lawyer familiar with these laws can guide you through every step.
- Protecting Your Rights: An experienced lawyer will ensure that your legal rights are protected and that you are not taken advantage of by insurance companies or employers.
- Dealing With Insurance and Workers’ Compensation: Insurance claims and workers’ compensation can be complex, and a lawyer can help you navigate the process to make sure you get the compensation you deserve.
- Proving Liability: In construction accidents, determining fault can be difficult. A lawyer can investigate the cause of the accident and work to prove liability, whether it’s the employer, a third-party contractor, or a defective product.
Common Injuries from Construction Accidents
Construction sites are inherently dangerous places, and workers often face serious risks of injury. Some of the most common injuries resulting from construction accidents include:
- Crush Injuries: These occur when a worker is caught between heavy machinery, equipment, or structural materials. Crush injuries can cause severe internal injuries, broken bones, and even amputations in extreme cases.
- Head Injuries: Construction workers are at high risk of head injuries and brain injuries, especially from falling objects or collisions with machinery. These injuries can range from mild concussions to traumatic brain injuries, which can have lasting effects.
- Limb Injuries: Cuts, bruises, and fractures to the arms, legs, and hands are common in construction accidents. These injuries may occur due to heavy machinery malfunctions, falling tools, or workers getting caught in equipment.
- Back and Spinal Injuries: Lifting heavy materials or falling from a height can cause serious back and spinal injuries, including herniated discs, fractures, or nerve damage, potentially leading to long-term disability.
- Electrical Burns and Shock: Construction sites often involve working with electricity. Contact with live wires or faulty electrical equipment can lead to severe burns or electrocution.
- Respiratory Injuries: Exposure to hazardous materials like asbestos, dust, or fumes on construction sites can lead to respiratory issues such as asthma, lung disease, or even cancers over time.
Causes of Construction Accidents in Orem, Utah
Construction sites are filled with potential dangers that can cause accidents. Some of the most common causes of construction accidents in Orem include:
- Falls from Heights: Workers who are working on scaffolding or ladders are at risk of falling. These accidents are one of the leading causes of injuries in the construction industry.
- Heavy Machinery Accidents: Construction sites often involve the use of heavy machinery, such as cranes, bulldozers, and excavators. Accidents involving these machines can lead to serious injuries.
- Scaffold Failures: When scaffolding is improperly installed or maintained, it can collapse, causing workers to fall.
- Electrical Hazards: Exposed wires, faulty equipment, and improper electrical work can lead to electrocution or serious burns.
- Defective Equipment: Faulty or poorly maintained tools and equipment can malfunction, leading to injuries.
Types of Recoverable Damages
If you’ve been injured in a construction accident in Utah, you may be entitled to compensation for various damages. The compensation you receive is generally categorized into three types: economic damages, non-economic damages, and punitive damages.
Economic Damages
Economic damages cover the tangible financial losses you suffer due to the accident. These are losses that can be calculated with specific numbers, such as medical expenses and lost income. Economic damages can include:
- Medical Expenses: One of the most significant costs after a construction accident is medical care. Medical expenses include the costs of hospital visits, surgeries, rehabilitation, medications, and ongoing treatment.
- Lost Wages: If your injury prevents you from working, you are entitled to compensation for lost wages. This includes the income you lost during your recovery period, as well as any future lost income if the injury affects your ability to return to work at full capacity or permanently prevents you from working.
- Disability and Long-Term Care Costs: If your injuries result in a permanent disability, you may need long-term care. This can include assistance with daily activities, home modifications, medical equipment, and ongoing therapy.
Non-Economic Damages
Non-economic damages are intended to compensate you for the pain and suffering you experience as a result of the injury. These damages are more subjective and difficult to quantify, but they are nonetheless a critical part of a construction accident claim.
Non-economic damages can include:
- Pain and Suffering: This is compensation for the physical pain you endure from your injuries. It also accounts for any emotional distress or mental anguish you suffer, such as anxiety, depression, or PTSD resulting from the accident or the recovery process.
- Loss of Enjoyment of Life: If the accident has significantly impacted your ability to enjoy activities you once did—such as hobbies, social interactions, or even basic daily functions—you may be entitled to compensation for this loss. For example, if you can no longer participate in sports, spend time with family, or perform other personal tasks due to your injuries, these losses are considered non-economic damages.
- Loss of Consortium: If your injury affects your relationships, particularly with your spouse, you may be entitled to damages for the loss of companionship, affection, and support. This damage recognizes how serious injuries can impact family and personal relationships.
Punitive Damages
Punitive damages are different from economic and non-economic damages because they are not based on the actual losses you suffered. Instead, punitive damages are designed to punish the at-fault party for particularly reckless or egregious behavior and to deter others from engaging in similar conduct.
In a construction accident case, punitive damages may be awarded if the responsible party acted with gross negligence or malice. For example, if an employer knowingly disregarded safety protocols or a contractor used defective equipment that led to an accident, punitive damages may be appropriate.
However, punitive damages are not automatically awarded in every case. In order to receive punitive damages, the conduct of the defendant must meet a high standard of misconduct, and the court must determine that the defendant acted with extreme recklessness or intentional harm.
Workers’ Compensation in Orem
Workers’ compensation is a crucial benefit for employees who are injured on the job, including those in the construction industry in Orem. This system is designed to provide financial support to workers who suffer injuries while performing their work duties.
Under Utah law, workers’ compensation is a no-fault system, meaning that employees can receive benefits regardless of who was at fault for the accident. Here’s an overview of workers’ compensation and how it works in Orem.
What Workers’ Compensation Covers
If you are injured in a construction accident while working in Orem, workers’ compensation can help cover several key expenses:
- Medical Treatment: Workers’ compensation covers the costs of necessary medical treatment related to your injury, including hospital visits, surgeries, prescription medications, physical therapy, and rehabilitation. This coverage ensures that you don’t have to pay out-of-pocket for treatment needed to recover from your injury.
- Lost Wages: If your injury prevents you from working for a period of time, workers’ compensation will pay a portion of your lost wages. In Utah, this typically amounts to two-thirds of your average weekly wage, up to a maximum limit set by the state.
- Disability Benefits: If your injury results in long-term or permanent disability, workers’ compensation can provide additional benefits. These benefits may be categorized as temporary partial disability (for those who can return to work but with reduced capacity) or permanent total disability (for those who can no longer work at all).
- Vocational Rehabilitation: If your injury prevents you from returning to your previous job, workers’ compensation may help cover the costs of retraining or vocational rehabilitation. This service assists injured workers in learning new skills or finding new employment opportunities within their abilities.
How Workers’ Compensation Works in Orem
In Utah, workers’ compensation is a mandatory program for most employers, including those in the construction industry. If you are injured on the job, your employer is required to report the accident to their insurance carrier.
You must also report your injury to your employer as soon as possible, ideally within 24 hours, to ensure that your claim is processed quickly.
Once the claim is filed, the workers’ compensation insurance company will review your case and determine whether your injury qualifies for benefits. If approved, you will begin receiving the appropriate compensation for medical care and lost wages.
Workers’ Compensation vs. Personal Injury Lawsuits
While workers’ compensation provides financial support for injured workers, it’s important to understand that it does not cover every potential loss or damage. Workers’ compensation claims are typically limited to medical costs and a portion of lost wages.
You are generally not allowed to sue your employer for additional compensation, even if they were negligent in creating a dangerous work environment.
However, there are exceptions. If a third party (such as a contractor, equipment manufacturer, or another company) is responsible for the accident, you may be able to file a personal injury lawsuit against that party in addition to receiving workers’ compensation benefits.
This type of claim is often referred to as a “third-party claim.” For example, if defective equipment caused the accident, you might be able to sue the manufacturer of that equipment.
Steps to Take After a Construction Accident
If you’ve been involved in a construction accident, follow these steps:
- Report the Accident: Notify your employer or supervisor about the accident as soon as possible.
- Seek Medical Attention: Even if injuries seem minor, seek medical help immediately.
- Document the Scene: Take photos of the accident scene, your injuries, and any unsafe conditions that contributed to the accident.
- Contact a Lawyer: Contact a construction accident lawyer to begin your case and ensure your rights are protected.
The Utah Statute of Limitations for Construction Accidents
In Utah, there is a legal time limit, known as the statute of limitations, for filing a claim after a construction accident. This time frame is important because if you do not file your claim within the allowed period, you may lose the right to seek compensation for your injuries.
For construction accidents, the general statute of limitations is four years from the date of the accident. This means you must file a lawsuit within four years of the accident happening, or you may be barred from taking legal action.
However, there are a few exceptions and important considerations to keep in mind:
- Discovery Rule: In some cases, injuries may not be immediately apparent. If you only discover the full extent of your injury after the accident (such as a long-term illness caused by exposure to hazardous materials), the statute of limitations may begin on the date you discover or should have discovered the injury.
- Workers’ Compensation Claims: If your injury is related to your job, you may also need to file a workers’ compensation claim. The statute of limitations for filing a workers’ compensation claim in Utah is one year from the date of the injury or from the date you became aware that the injury was work-related.
Because the statute of limitations can vary based on specific circumstances, it is crucial to contact an experienced Orem personal injury lawyer as soon as possible after a construction accident to ensure that you meet all necessary deadlines and protect your legal rights.
Work With Valley Law When You Need an Orem Construction Accident Law Firm
A construction accident can have life-changing consequences, but with the right legal representation, you can ensure that you receive the compensation you deserve. An Orem construction accident lawyer will guide you through the complex legal process, help you gather evidence, and fight for your rights.
If you’ve been injured, don’t wait to contact an expert from Valley Law Accident and Injury Lawyers. Protect your future and get the help you need when you call (801) 810-9999.
