Abel Law Firm Can Help You With Your Construction Injury Case
Construction sites are notorious for their high rates of work-related injuries. Statistically, construction site accidents account for about 20% of fatal work injuries and 10% of non-fatal work injuries in the US – more than any other field. Providing adequate training, safety equipment, and organized work environments must be a priority for construction employers.
Unfortunately, people do not always behave responsibly, even in dangerous circumstances. If you or a loved one has suffered a preventable injury on or near a construction site, you may be able to win compensation from the party responsible. To learn about your legal options, call an Oklahoma City construction site injury attorney from Abel Law Firm at (405) 239-7046 for your free consultation.
Why Choose Abel Law Firm?
It could take significant time to recover your health after a construction accident. Injuries are often severe and debilitating. You need time away from work to heal, resulting in various financial stressors, such as medical bills, lost wages, prescription costs, and other expenses. You’re also trying to handle the process of filing a workers’ compensation claim, gathering evidence, and securing the benefits you need to afford your treatment.
Unfortunately, most people are unaware of the maximum benefits available from the insurance company and end up paying much lower than they deserve. There could also be unforeseen challenges during the insurance process, delaying coverage or resulting in a denied claim.
At Abel Law Firm, our Oklahoma City construction accident lawyers team knows how to handle issues that can arise while seeking workers’ compensation benefits. We can take on the responsibility of the confusing paperwork, investigate the cause of the accident, and collect evidence to prove your injury happened while you were on the job. We know the state laws and deadlines we must follow to ensure the timely and adequate collection of benefit payments to cover your total losses.
When you hire Abel Law Firm, you hire award-winning lawyers who will fight for the justice you deserve. We have received multiple accolades and awards from prestigious legal organizations nationwide, including Super Lawyers, Best Lawyers of America, the Million Dollar Advocates Forum, and The National Trial Lawyers Top 100. We’re also honored to hold a 10.0 rating from Avvo and an AV rating from Martindale-Hubbell.
Since opening our firm in 1976, we have negotiated many large settlements and reached favorable jury verdicts for our clients. We’re not afraid to stand up to intimidating insurance companies and take cases to trial when necessary. You will receive top-notch legal services and the support you need to get through this challenging time. We aim to provide personalized attention, dependable customer service, and guidance until the conclusion of every case we take.
Follow These Critical Steps Following A Construction Injury
Work-related injuries can impact your entire life, causing stress for you and your family as you find a way to afford your medical treatment so you can heal. Unfortunately, getting hurt on the job is a reality for many employees. The steps you take in the coming weeks, months, and even years could affect whether you receive benefits from a workers’ compensation claim.
You must immediately notify your employer of the accident and seek medical treatment. You should also hire an Oklahoma City construction accident attorney from Abel Law Firm. We can assist you with the application process and ensure you provide all necessary records to demonstrate that you have an injury that keeps you from earning your usual wages.
Some insurance companies require you to see a doctor from their list of approved medical providers. If you seek treatment from someone who isn’t on their list, you could pay out of pocket for your medical bills. We can request a copy of the workers’ compensation insurance policy to determine your requirements to qualify for benefits.
Ensure you don’t skip doctor appointments or stop treatment too soon. The insurance company could deny your claim if there’s any evidence of a significant gap in treatment or if your medical records are incomplete. Their goal is to save as much money as possible. That means they’ll likely investigate the claim independently to avoid providing the maximum available benefits. If you have proof of a job-related injury and a timeline of consistent medical care, it will be difficult for them to deny benefit payments or withhold the total amount you deserve.
Abel Law Firm Can Handle the Investigation
Abel Law Firm knows the roadblocks someone can encounter while seeking benefits from an employer’s workers’ compensation insurance company. You must follow strict deadlines throughout the procedure and submit complete and accurate injury documentation. Any mistake you make could lead to inadequate benefit payments.
You should never try to handle this type of case alone. An OKC construction accident lawyer is your best chance of recovering the maximum benefits to cover your lost wages and the cost of your medical care. We can thoroughly investigate the cause of your injury and whether your employer or another party was responsible for the accident.
Evidence can prove what happened and increase the likelihood of collecting full benefit coverage while out of work. Examples of evidence we might need include:
- Documentation of lost wages
- Medical records and medical bills
- Photos from the accident scene
- Insurance policy
- Job description
- Video surveillance
- Statements from witnesses
After we file your workers’ compensation claim, we will submit all the evidence we find and communicate with the insurance company throughout the process. We will work hard to reach a favorable outcome, so you receive payments promptly.
Benefits You Could Pursue In A Workers’ Compensation Claim
Workers’ compensation policies typically provide two benefits to injured workers: medical and disability.
This coverage will pay for all reasonable and necessary medical treatment. For worker’s compensation benefits to apply, the injury you sustained must have occurred while performing your job. You would not be entitled to benefits if it happened outside of work. You must also see a doctor the insurance company approves to receive medical coverage. Payment of your prescription drugs, physical therapy, and other types of treatment will continue until you return to work.
Disability coverage is meant to replace a portion of your lost income if your injury prevents you from returning to your job or earning your usual wages. There are two types of disability benefits available: temporary and permanent.
- Temporary partial disability is available to employees who can still work but have physical or mental limitations that reduce their ability to work their usual job. Payments could be up to 70% of your average weekly wages before and after the accident.
- Temporary total disability provides coverage to injured workers who cannot perform any of their job-related duties. Your payments would be 70% of your average weekly wages before you suffered an injury. Your duration of benefits will depend on the state’s maximum compensation rates.
- Permanent partial disability is determined after the injured worker has reached maximum medical improvement. At that point, they are given a “rating of impairment,” the permanent partial disability payment is based upon that impairment rating and other factors. The law contains a set schedule for payment of some injuries, and others will be determined via negotiation or trial. Payments are at 70% of the average weekly wages earned before the injury and follow maximum compensation rates depending on the date of the injury.
- Permanent total disability is available when an injured worker can’t function at any job for which they have the experience or education. Weekly payments are also at 70% of your average weekly wages before the disability starts. You can find the maximum amount you’re entitled to on the maximum compensation rates chart. Coverage lasts for up to fifteen years or until you become eligible for Social Security retirement benefits, whichever takes longer to reach.
You might be entitled to death benefits if your loved one died in a construction accident. Only a surviving spouse and dependent children can pursue this claim through workers’ compensation insurance. Your payment amount will depend on how many surviving dependents are collecting benefits. For example, you would receive full coverage if you are the surviving spouse and don’t share children with the deceased. However, if there is one child, you would each receive a percentage of the benefits due.
Incidents like these can be life-changing not only for victims but for their families as well. Staggering medical bills, sudden loss of income, chronic pain, and disability are all tragically unjust consequences for innocent victims of negligence. If you live with severe injuries, care for a hurt loved one, or struggling with the loss of a family member, we are here to help.
Filing A Third-Party Lawsuit
If your employer provides workers’ compensation coverage, you won’t be allowed to file a lawsuit against them for an injury you sustained at work. However, you might be able to hold other parties liable if their negligence caused your construction accident. This is known as a third-party lawsuit.
Depending on the circumstances of your case, you might be able to sue:
- A property owner of the construction site
- Motor vehicle drivers
- Third-party employee
- Manufacturer of faulty machinery or equipment
- Repair and maintenance companies
Unlike workers’ compensation claims, third-party lawsuits allow for the recovery of more than just medical benefits and lost wages. You can also pursue compensation for past and future losses, such as:
- Medical bills
- Out-of-pocket expenses
- Property damage
- Pain and suffering
- Lost income and future earnings
- Loss of consortium
- Mental anguish
A “statute of limitations” is a strict timeframe for initiating legal action against another party. Oklahoma law dictates a two-year statute of limitations. That means you have two years from the accident date to file your lawsuit. After this deadline passes, you might not be able to hold the negligent party accountable for their actions in court.
Contact an Oklahoma City Construction Accident Attorney
There is no excuse for individuals or businesses that take needless risks with other people’s lives. At Abel Law Firm, we strongly believe in justice for the victims of preventable accidents. You can pursue the maximum benefits you deserve from your employer’s workers’ compensation insurance company. We will tirelessly work to achieve your legal goals so that you can afford your medical bills and other expenses. Our legal team will remain by your side from start to finish of your case to offer support, guidance, and advice as you attempt to put the pieces of your life back together.
To discuss your case with one of our experienced Oklahoma construction site accident lawyers, contact us at (405) 239-7046 for a free consultation.
Construction Accident FAQs
A construction site is an inherently dangerous work environment filled with large machinery and heavy equipment. Your employer is responsible for making your job as safe as they can, and one of the ways they can do this is by providing employees with safety equipment. At a minimum, your employer must provide you with a hard hat and safety goggles. If you are performing more dangerous and extreme tasks, your employer may be obligated to provide you with equipment such as gloves, hearing protection, a harness, a face shield, and more. If you were injured because of a lack of safety equipment, you might be eligible to receive compensation.
Possibly. Liability can become very complicated when it comes to construction site accidents, so it is always best to consult with an experienced lawyer about your legal options and the best routes toward receiving compensation. Liability can fall onto various people, including construction site owners, general contractors, subcontractors, prime contractors, architects, manufacturers, and more. If your general contractor did not fulfill their duty to provide you with a reasonably safe work environment with the proper safety equipment and procedures, then they may be held responsible in court.
Once you have been medically evaluated and your injuries are taken care of, you should notify your employer of the incident and the extent of your injuries. Next, it is important to find a lawyer to help you through the legal process. An experienced attorney will be able to provide you with strong legal counsel and explain the possible routes toward recovering damages. You may be eligible to receive compensation for medical expenses, loss of wages, loss of future earning capacity, disability, emotional trauma, and pain and suffering.