Working in the construction industry comes with a significant number of hazards. Construction jobs are among the most dangerous professions. After suffering an injury, depending on who is liable for the damages you suffered, you may be able to recover compensation through a workers’ compensation claim or a personal injury lawsuit.
At the Morelli Law Firm, we have helped countless construction accident victims recover the compensation they need and deserve. Our St. Charles construction accident attorneys have the necessary experience to give you the best chance of winning your case. Contact us today to find out how we can help with a free case evaluation.
Determining Liability After a Construction Accident in St. Charles
Determining liability in a construction accident is essential. Establishing who is at fault will let you know your options for pursuing compensation. In many cases, your only option for recovering damages is through a workers’ compensation claim. Because of the inherent dangers of working in the construction industry, accidents are often just bad luck.
However, despite the hazards that come with the job, your employer is still supposed to provide you with a reasonably safe work environment under the conditions. If your employer fails to handle unnecessary dangers properly or provides you with faulty safety equipment, you may be able to file a lawsuit against them.
Furthermore, if your employer deliberately causes you harm, you have the right to sue. You can also file a personal injury lawsuit against the manufacturer of a defective product or a third-party driver who struck you while on the job.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Damages You Can Recover After a St. Charles Construction Accident
After suffering an injury in a construction accident, there are many damages you will likely be eligible to claim. You need to understand that all construction accidents are unique, so determining the exact damages that apply will depend on the details of your case.
All compensatory damages can be split between the categories of economic and non-economic damages. If you are pursuing a workers’ comp claim, you will not be eligible to claim any non-economic damages, and the economic damages for which you will be eligible are limited.
All the losses caused by your accident that hurt you financially are categorized as economic damages. Economic damages can cover both money you had to spend because of your injury, as well as any income your injury prevented you from earning. Economic damages not only cover you for current losses but can also be used to help with projected future losses.
Some of the economic damages most often recovered in construction accident lawsuits include:
- Lost wages
- Decreased ability to earn income
- Medical bills
- Future medical expenses
- Property damage
All other losses resulting from your construction accident are classified as non-economic damages. Instead of simply hurting your finances, non-economic damages tend to have a much more personal impact on the injury victim.
Because of the profound impact that these losses have, and the fact that they are often irreplaceable, the compensation awarded for non-economic damages often makes up the largest portion of a construction accident lawsuit payout. Some of the non-economic damages most often recovered in construction accident lawsuits include:
- Pain and suffering
- Decreased quality of life
- Loss of consortium
- Emotional distress
- Permanent disability
- Mental anguish
In certain cases, punitive damages may also be available. However, you should know that these damages are reserved for extreme situations and are only awarded in a small percentage of construction accident lawsuits.
For your case to qualify, the liable party must have been grossly negligent or acted with the intention of causing harm.
Submit All Necessary Paperwork Before the Deadline
If filing a workers’ compensation claim in Missouri, you must report the accident to your employer within 30 days and submit your official workers’ comp claim within two years. However, if you are filing a personal injury lawsuit, you will have five years from the date of the accident to submit the paperwork to the court.
Missing the deadline for filing will bar you from recovering compensation in most cases. However, some exceptions could alter the time you have to submit your paperwork. Depending on the details of your case, an exception could either extend or further restrict the amount of time you have to take legal action.
The best way to avoid becoming the victim of an unexpected deadline is to speak with an experienced construction accident lawyer in St. Charles soon after your accident.
Should I Settle or Take My Lawsuit to Court?
When attempting to recover compensation through a lawsuit, you will likely be wondering whether you should settle your case or take it to court. The truth is that most construction accident cases end in out-of-court settlements because settling is typically in the best interest of both parties.
When you settle, you will receive your compensation far quicker than you would have through a lawsuit while avoiding the unpredictable nature of the courtroom. For the defendant, a settlement can provide the added benefits of reduced legal fees and avoiding unwanted press coverage that may accompany a trial.
Schedule a Free Case Review With a St. Charles Construction Accident Attorney Today
Hiring the right lawyer is critical when pursuing damages after a construction accident. You need to choose an attorney with a proven track record of recovering significant compensation for their clients in cases similar to your own.
At the Morelli Law Firm, we have a long history of winning big for our clients. Contact us today to schedule a free case evaluation with one of our construction accident attorneys serving St. Charles.