How to Receive Compensation for a Construction Accident

According to the 2023 State OSHA Annual Report from the Virginia Department of Labor and Industry, Virginia had 125 fatal workplace injuries in 2021. Construction workers face significant risks on job sites. A construction site accident can cause serious injuries or even death. It can also lead to huge medical expenses, emotional pain, and financial struggles for their loved ones. Workers’ compensation insurance provides benefits in many construction accident cases, but the process can be complicated and intimidating. A Virginia construction accident lawyer can guide you through this process and fight for the compensation you deserve. At Montagna Law, our attorneys are here to help you. Contact us today for a free consultation and learn how we can assist with your case.

How Do Virginia Construction Accident Lawyers Help With Your Injury Claim

The assistance of an experienced Virginia construction accident lawyer can make all the difference in your personal injury claim. The attorneys at Montagna Law can help you understand your legal rights after a job site accident. Here are only a few things a construction accident attorney can do to help you:

• Legal advice: A construction accident lawyer can advise you of your rights in the workers’ compensation claim process and help you understand what to expect.
• Case evaluation: They will review your case to determine if there are grounds to pursue legal action against your employer or another party. They will examine all the evidence, including medical records, accident reports, and witness statements, to ensure they present the strongest case for you.
• Navigating legal processes: They will guide you through the process of claiming workers’ compensation benefits, along with any third-party liability claims.
• Negotiating settlements: They will deal with insurance companies on your behalf to see that you receive the compensation you need and deserve.
• Hearings and appeals: They will advocate for your rights at workers’ comp hearings and pursue appeals if your claim is denied.
• Advocating for injured clients’ rights: Your construction accident lawyer will fight for your right to compensation for your medical expenses, lost wages, and other losses.

Common Types of Construction Accident Cases We Handle

Construction job sites are often chaotic, with construction workers operating heavy machinery alongside tradespeople performing other work. Construction companies may hire multiple subcontractors, leading to bustling worksites with significant risks. Construction site accidents may result from all kinds of construction work, including building new structures, renovating existing ones, or conducting demolitions. Accidents can cause catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and amputations.

Common types of construction accident injury cases that we handle include the following:

• Falls: Falls account for a significant percentage of construction site injuries. Workers may slip on wet surfaces, trip on uneven surfaces, or fall from heights like scaffolding or ladders. Harnesses, guardrails, and safety training can help prevent these kinds of accidents.
• Falling objects: Construction workers risk injury from falling objects such as tools or building materials. Construction companies can help prevent these injuries with warning signs and barriers.
• Equipment-related incidents: Construction work often involves machinery with dangerous moving parts. Workers may become caught in a machine, resulting in dismemberment or crush injuries.
• Trench collapses: Trenches can collapse when the walls surrounding a trench give way, causing the surrounding ground — and anything or anyone standing on it — to fall into the trench. This is one of the deadliest types of construction accidents. From 2013 to 2023, trench collapses reportedly resulted in more than 250 fatalities nationwide. Construction companies can help reduce the risk by following safety protocols from the Occupational Safety and Health Administration (OSHA).
• Electrocutions: Construction workers may suffer serious injuries from live wires or malfunctioning machinery. Regular electrical inspections and safety training can reduce the risk of electrocution injuries.
• Heavy machinery accidents: Misuse of large construction equipment and vehicles, such as cranes and bulldozers, can cause severe injuries to operators and bystanders. Maintenance and training can help construction workers avoid these accidents.
• Explosions and fires: Any construction site that features welding, flammable materials, or demolitions faces the risk of fires or explosions. Training and safety equipment are essential.
• Hazardous materials: Construction workers need proper protective equipment when working with or around hazardous chemicals.
• Overexertion: Construction is backbreaking work, but this should only ever be a metaphor. Physical labor without adequate rest breaks, safety training, and mechanical assistance can lead to debilitating injuries.

Common Causes of Construction Accidents

A wide range of factors may cause or contribute to construction site accidents, including human error, faulty equipment, and weather. The following are common causes of construction site accidents:

• Employer negligence: Construction companies have a duty to maintain safe job sites. They may be responsible for accidents when they result from a lack of safety equipment or training, a failure to enforce safety standards, or inadequate maintenance of a work site.
• Third-party negligence: Subcontractors may be responsible for injuries that result from failure to maintain their equipment or train their workers.
• Equipment malfunctions: Defective or faulty equipment can cause severe injuries. Manufacturers may be liable for injuries caused by equipment defects.
• Inadequate training: Construction workers who lack training on specific machinery or materials can lead to injury.
• Time pressure: A hectic job site where everyone feels pressure to meet a quick deadline can result in cutting corners and neglecting safety standards.
• Operator error: Heavy machinery like cranes or excavators require trained operators. Errors can cause serious injuries.
• Weather: Rain, snow, ice, high winds, or extreme high or low temperatures can add to the dangers on a construction site.
• Construction worker fatigue: Long hours of backbreaking work can make accidents and injuries more likely.

How Do I File a Workers’ Compensation Claim for Construction Accidents in Virginia?

A typical works’ comp claim in Virginia follows these steps:

• Seek medical care: In addition to treating your injuries, seeking medical treatment as soon as possible after your injury will help you build your case for workers’ comp benefits.
• Retain a construction accident lawyer: The sooner you have an experienced lawyer on your side, the more they can assist you.
• Notify your employer: You must notify your employer of your injury before you may file a workers’ comp claim.
• Gather evidence: Your attorney can help you gather the necessary evidence, including medical records and accident reports.
• File a claim with the Virginia Workers’ Compensation Commission (VWCC): You have two years to file a claim, starting from the date of your injury or the date the symptoms of an occupational illness started. Your employer must file a report within ten days of a work-related serious injury or death.
• Cooperate with the workers’ comp insurance investigation: An insurance company adjuster may contact you as part of the investigation into your claim. Having an attorney for this part of the process is crucial. However friendly the adjuster might be, they are not your friend.
• Receive a 30-day order from the VWCC: Within thirty days of your employer’s injury report, the VWCC will notify them of your claim. Your employer then has thirty days to respond.
• Receive acceptance or denial of your claim: The insurance company will either approve or deny your claim. Be sure to have your attorney review any paperwork you receive.
• Appeal a denial of your claim: You can request a hearing before the VWCC to appeal a denial. If they deny your appeal, you can request a review by the Virginia Court of Appeals.

What Are the Legal Rights of Injured Construction Workers in Virginia?

Virginia construction workers have a right to compensation for their injuries under certain circumstances:

• Workers’ compensation claims: Most employers in Virginia must obtain workers’ comp insurance. The system pays benefits to injured workers regardless of fault, provided the worker can demonstrate that the injury was work-related.
• Third-party liability claims: An injured worker may file a personal injury lawsuit against a subcontractor or other third party — someone other than their employer — if they were responsible for the accident and their injuries.

Who Are the Liable Parties in a Construction Accident?

Which party is liable for a construction accident and the resulting injuries will determine which type of claim a victim may bring. If the employer is liable, they may have to go through the workers’ comp system. If a third party is liable, they may file a liability insurance claim or lawsuit.

• Employers: Employers are often liable if they fail to protect their employees’ safety.
• General contractors: General contractors are typically responsible for the safety of workers on their job sites. This may include their own employees and subcontractor employees.
• Subcontractors: Subcontractors may be liable for accidents caused by equipment or personnel under their control.
• Equipment manufacturers: Manufacturers may be at fault for defective equipment and machinery.
• Property owners: While general contractors are responsible for worker safety, property owners must ensure that the job site is safe for everyone. They may be liable for accidents caused by conditions that were present before the contractors began work.
• Engineers or architects: Design errors may be the fault of the professionals who prepared those designs.

What Construction Accidents Are Covered by Workers’ Compensation in Virginia?

Virginia’s workers’ comp system covers work-related injuries and occupational illnesses. An injury must meet the following criteria:

• It resulted from a work activity.
• It occurred at work or an event connected to work.
• It happened at a specific time, not gradually over time.

An occupational illness must meet the following criteria:

• It arose because of work activities.
• It is not a condition affecting the neck, back, or spinal column.

Workers’ comp does not cover diseases that might arise outside of work without evidence that directly connects it to a person’s job. It also generally does not cover mental health conditions or injuries like emotional distress.

Why Work With Montagna Law’s Construction Accident Lawyers

The personal injury attorneys at Montagna Law have decades of experience advocating for construction workers who have suffered job site injuries. They have obtained millions of dollars through settlements and awards for their clients. The firm’s accolades and honors include:

• Top 10 Personal Injury Law Firms, Attorney and Practice Magazine;
• Lawyers of Distinction, 2024; and
• Top Ten Attorneys, 2024, National Academy of Personal Injury Attorneys.

Testimonials

“I have been dealing with Mr. Montagna for 14 years. He has a very friendly attitude and is highly knowledgeable in his field. He is very easy to reach when I need advice and explains things to me very well. I have no reservations about referring him business.” – Dennis

“I honestly had the best experience working with Katie Jones. She heard me out from day one and was always on top of everything! She made hard things for me easy, she was so kind and caring throughout the whole case and made me feel heard. I highly recommend working with this firm! Could not be more happy with how they treated me and my whole situation. Will always recommend!” – Logan A.

“Working with Katie Jones at Montagna Law was the best decision I made in my fight for disability. Her and Tyler made the process so much more comfortable. And eased so much stress and anxiety which helped me, my family and so many more. Katie is incredible to work with she knows the answer you are looking for and steps in at your side to get all the stuff that is needed for the situation. I am very happy that I went on this journey with her by my side, I was a wreck when we started and I have come out strong and I owe that to her for all her hard work that she put into my case and getting my award for disability. She listens and really works to make sure her clients know every step and procedure that is being taken and how its being done. If I ever have to fight for something again in my life she will be the Lady i call. Thank you Katie from the bottom of my heart you will always be part of my family now and forever.” – Kim S.

Injured on the Job? Speak With a Construction Accident Lawyer Now.

The knowledgeable and skilled Virginia construction accident attorneys at Montagna Law represent injured construction workers throughout the Hampton Roads area, helping them recover compensation for medical bills, lost wages, and other damages. Contact our law firm today at 877-622-8100 or through the online contact form to schedule a free consultation.