The experienced Utah construction accident attorneys at Swenson & Shelley understand that construction zones are naturally a dangerous place to be. There is a lot going on, heavy machinery, raw material, and heights involved that make it such a hazardous environment. Whether you are a worker at the site or are a passerby who got hurt, you are eligible for a construction accident personal injury case. The nature of these cases is to reimburse you for the medical bills, lost wages, lost earning capability, and other accident-related expenses you’ve had to deal with. Our experienced Utah construction accident attorney is here to guide you through your case and fight to get you the compensation you deserve.
Common Types of Accidents and Injuries
As mentioned, there is a lot going on at a construction site so the types of accidents vary. All of the follow types of injuries are qualified as construction accidents. They include:
Falling from heights (roofs, ladders, elevators, scaffolding, etc.)
Collapsing of structures (trenches, buildings, etc.)
Heavy machinery or equipment accidents (forklifts, cranes, etc.)
Defective products or tools
Electrical accidents
Falling objects
The types of injuries that these accidents cause can be catastrophic. You might be able to recover from them over time, or you may have to have medical care for the rest of your life. The most common types of construction accident injuries include:
As you probably already know, these injuries are awful. They deserve the immediate attention of a medical professional, so make sure that is the first thing you consider after the dust settles.
Avoiding the Insurance Company
When you go over compensation, it is not without obstacles. The insurance company is going to assign an adjuster to your case. They will reach out to you shortly after the accident, possibly while you’re still recovering from your injuries in the hospital. They will seem very helpful and friendly, but your full and fair compensation is not what is in their best interest. When they ask you for a recorded statement, you can tell them that you will not give them one. Your attorney can take over all communication for you with the insurance company.
As mentioned, medical attention is seriously important for two big reasons. Obviously you want to get better after you get injured so seeing a doctor is the route to healing. You should never wait to see a doctor because you run the risk of worsening your condition if you hold off on medical treatment. Also, you have to get to a doctor so that you can have your injuries documented officially. That will be a key element to your compensation. If you do not see a doctor, the insurance company could possibly deny your claim when you ask for compensation.
Next important thing that needs to happen soon after the accident is the collection of evidence. At the scene, you need to take photos and videos of what you think caused the accident. It is going to be excellent, hard evidence to show the insurance company what happened and how it caused you the world of hurt you are in. If you are too injured to do this, you can have a friend, coworker, or family member to do it for you. You can even call an attorney to have them come in and help you collect evidence from the scene of the accident.
What is also very important to do before you leave the construction zone is to report the incident to someone in charge. It might not be wise to just tell your coworker and then take off. You should be telling your supervisor or construction manager.
Statute of Limitations
Utah is a state that has a little bit of a longer time limit to bring your construction accident claim or settle the claim in court. Your statute of limitations is four years from the date of the accident. If you try to bring a claim the day after that four years runs out, you will be barred from receiving compensation altogether, so being timely is important. The sooner you get to an attorney, the better off your case will be. Even waiting a year can be tricky. Your evidence will disappear quickly at a construction site because it is always changing. Your witnesses’ memories will get fuzzy over time and you don’t want to lose these key parts of your case.
Frequently Asked Construction Accident Questions
In selecting an attorney for someone who’s been injured in a construction accident in the state of Utah, you want to consider somebody who has a lot of experience in personal injury. You also want to look at somebody who has specific training, education, and experience in commercial construction cases, because there are a lot of different components that require expertise. You’ve got to deal with the employer, the insurance company for the workers’ compensation, as well as for the other parties that are at fault, and that can become quite difficult if it’s not something you’ve done, know how to do, or have been trained to do. If you’re looking for somebody in the state of Utah, you want to consider all of those things.
Also, it’s really important that you get somebody who is a trial attorney. The construction companies in the state of Utah are frequently big entities and have a lot of money to throw at their attorneys to defend the cases. If the case is not handled properly and handled as if you’re going to trial and pushing towards trial, you’re going to lose the value of that case because they know you won’t go to trial.
If you have been injured in a construction accident in the state of Utah, we recommend that you notify your employer. The employer that you are working with or for could have workers’ comp insurance that would allow you to receive medical care and receive compensation for your lost income while you are waiting to resolve or settle your case. If you have any further questions on this, please come in and talk with us.
If you’ve been injured in a construction accident, you may have questions about who you have to give statements to or who you have to provide information to. You are required to provide information to your employer and let them know about the injuries and about the accident and you may be required to do that for workers’ compensation as well. If you’re injured by a third party on the job site or somebody else, you’re not required to give a statement to other insurance companies without contacting an attorney first. The reason for that is these insurance adjusters are trained to ask questions to get the answers they need, to try to show that you’re not as injured as you say you are. They will do whatever they need to do to reduce the value of your case.
In the state of Utah, we have a workers’ compensation system that does not allow you to sue your employer. In exchange for that, you get workers’ compensation benefits, but at the same time, you give up the right to make a claim against your employer. If you have questions about workers’ compensation claims or how it affects your other claims, don’t be afraid to call our office.
In the state of Utah, if you’re involved in a construction accident, you can seek to claim your damages from those who caused it unless it happens to be your employer. You cannot sue your employer, but you do get paid benefits, whether it’s your fault or one of the other employees’ faults. Workers’ compensation gets a little tricky, but we’d be happy to answer any questions about it if you give our office a call.
If you’ve had a family member who’s been killed on the job during an accident in the state of Utah, workers’ compensation is going to play a role in that and may be your exclusive remedy. However, if there was a third-party involved, somebody that’s not the employer, you may have additional claims.
If you’ve had a family member who’s been killed on the job during an accident in the state of Utah, workers’ compensation is going to play a role in that and may be your exclusive remedy. However, if there was a third-party involved, somebody that’s not the employer, you may have additional claims.
If you’re trying to figure out the value of an injury that you suffered on a construction site, understand that it’s a very difficult thing to do, especially early on in the case. You need to know what the injury is, how that injury is going to heal, the medical bills that are going to be incurred, and the medical procedures that you’re going to have to go through to get yourself healed. You’re going to have to know how much work is missed and how much it impacts your ability to do the things you are passionate about outside of work. That’s a question that’s extremely hard to answer initially, and it’s a question that we can answer as we get closer to you restoring your health and getting back to work and back to a spot where you’re comfortable knowing what your injuries are.
Call Our Utah Office Today
If you have been injured in a construction accident, please do not hesitate to contact our Utah construction accident attorneys to set up a free initial consultation. We will guide you through this legal situation with strength, support, and experience. You are in good hands with us and we will do what is necessary to make sure that you are getting the best and most fair compensation available to you. We are here for you.
