Construction accidents can result in severe injuries and even death.
The Bureau of Labor Statistics reports that nearly 200,000 workers sustained injuries in construction accidents in 2018.
In fact, construction work is one of the most deadly industries.
The United States Occupational Safety and Health Administration (OSHA) reports that out of all 4,779 worker fatalities in 2018, 21.2%—or one in five—were construction workers.
If you were injured in a construction accident, you may be entitled to compensation.
Because every accident and injury is different, the best way to determine what your construction accident settlement may be worth is by consulting with an experienced personal injury attorney.
What Kind of Remedies Do I Have After a Construction Accident?
The type of remedy available to you following a construction accident depends primarily on whether your injury falls under Ohio workers’ compensation law. If it does, the proof required and the damages you can receive are different than they would be in a regular personal injury case.
Workers’ Compensation
Ohio requires all employers to carry workers’ compensation insurance if they have even one employee. The benefit of this is that workers can recover for any work-related injury, even if the employer was not at fault. The downside is that workers may not sue the employer for negligence.
Nevertheless, Ohio law does allow a worker to sue for personal injury if the employer:
- Acted with intent to injure them,
- Acted with the belief that injury was substantially certain to occur,
- Deliberately removed an equipment safety guard, or
- Made deliberate misrepresentations about a toxic or hazardous substance.
An Ohio workers’ compensation lawyer can help you determine whether you have a basis to sue your employer for an injury sustained on the job.
Personal Injury
If you suffered injury in a construction accident attributable to someone other than your employer, you may have a cause of action for personal injury. This may include claims for injuries caused by:
- Negligence of a third party, such as a subcontractor, transportation company, or supplier;
- Equipment or material defects;
- Unsafe conditions on a third party’s property; or
- A motor vehicle accident caused by a third party.
Additionally, if you were a bystander injured in a construction accident, you may be able to pursue a construction accident settlement based on personal injury.
If you sue for personal injury, you may be able to recover greater damages than with a workers’ compensation claim. However, you will have to prove that the other party was at fault for your damages.
What Compensation Can I Receive in a Construction Accident Settlement?
The damages for which you can recover compensation vary depending on whether you are able to pursue a personal injury claim or whether your claim falls under workers’ compensation laws.
Workers’ Compensation
Workers injured on the job can pursue compensation for:
- Lost wages and
- Medical bills.
Workers’ compensation does not permit workers to recover for pain and suffering or to seek punitive damages.
Personal Injury Damages
With a personal injury claim, you can potentially recover more damages than with a workers’ compensation claim. Your damages may include:
- Medical bills,
- Lost wages,
- Loss of earning capacity,
- Pain and suffering,
- Loss of enjoyment of life, and
- Disfigurement.
You may also be able to seek punitive damages if the defendant’s actions were particularly horrible. These are extra damages that punish the wrongdoer or set an example.
How Do I Pursue a Construction Accident Settlement?
If you were injured in a construction accident, contact Bensinger Legal Services. Attorney Aaron Besinger has helped many clients throughout Northwest Ohio recover damages for their personal injury claims. Let Bensinger Legal Services fight for your rights while you focus on healing and recovery. Call today or contact us online to schedule a free case review.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.
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