How to Handle Construction Site Injuries and Construction Accident Claims

Progress is inevitable. That’s why more buildings are constructed every now and then. Thus, one can easily expect the number of construction site accidents to pile up as well. Although construction sites are undoubtedly a dangerous spot, it should not be used as an excuse not to provide construction workers a kind of security and protective measure that they enormously deserve. In fact, they should be provided with more safety programs and remunerative support especially when they are implicated in any construction-related accident. A personal injury attorney will be able to help an injured construction worker in terms of pursuing a claim for any compensatory damage while at work.

One of the tangible manifestations of progress is a series of tall edifices, countless constructions of new structural units, and construction of intricately-designed buildings. However, coupled to the growing number of buildings made year after year is the increasing number of construction workers getting injured and involved in life-threatening accidents. The more intricate the design of the building is the more difficult it is to build. As a result, the propensity to get involved in an accident at the construction site also increases.

When an accident happens in a construction site, is it largely due to the worker’s carelessness? Or is it by someone else’s negligence? Who should take the responsibility for a construction site accident? Is it solely the fault of the construction worker or it may be due to the shortcoming of the owner, architect, contractor, engineer, or firm? Personal injury attorneys will be able to help in determining who is largely responsible for it. Seeking legal counsel from personal injury lawyers is essential in finding out if you are eligible for compensation. Furthermore, the legal processes may seem complex and intimidating when claiming for a compensatory pay for injuries sustained at a construction site accident. For personal injury attorneys, dealing with any legal matter is their expertise. Thus, an accident lawyer is the best person to conduct the legal aspects of it. He will also be able to duly address the claim to the liable party. For instance, the company you work should ideally cover for the damages. However, it does not happen all the time. Oftentimes, the company is unable to provide monetary assistance to injured workers right away. This is why it is important to seek the legal expertise of an accident attorney. A highly experienced and skilled personal injury lawyer can help you attain the compensation you deserve as soon as possible.

Legal Issues a Construction Lawyer Can Help You With

The construction sector is one complex environment wherein lots of works and business transactions are dealt with legality or legal bases. Financial transactions, business agreements for any construction projects (buildings, highways, bridges, etc.) have to be put in place before commencing any of them. These transactions cannot be done without the help of legal representatives; this is the reason why legal services from construction lawyers are of great significance – they see to it that there are no legal hurdles for their clients who are venturing for a certain construction project.

But what specifically are the legal issues a construction attorney can help you or your company with? Below are some of the most common:

Dealing with bid protest – a construction lawyer can represent you at every level of public project development, including prosecuting and defending bid protests. A construction law firm usually has documented protests, and its lawyers usually appear before various local government agencies. They are experienced when it comes to handling this kind of work.

Contract review – contract review is necessary to every client in the construction industry and a lawyer who has specialized in construction law can help them when it comes to preparation and negotiation of a full range of construction contract, which includes legal matters like owner-builder agreement.

Construction Claims – construction lawyers can help you with all types of construction claims – enforcement and defense of mechanic’s liens, bond claims, government code claims – among other legal claims.

Handling dispute resolution – this is one of the most common legal works a construction lawyer can help you with – from negotiating resolution before formal litigation as well as mediation or arbitration.

Labor disputes – construction lawyer can also help you, most especially if you are running a construction company with a number of workers, in developing comprehensive employee policy manuals and employment agreement designed for your business’s unique needs. He can protect your business from unnecessary labor-related disputes. They can defend contractors in dealing with disputes with union trust funds, and other related matters.

Real time assistance – aside from working with you during the course of any legal works, a construction lawyer can also give real-time assessment so that you are guided in every legal transaction you are getting in, helping you and your business in handling legal-related matters.

Above are just few of so many things a construction lawyer can help you with.

Construction Lawyer – What Does He or She Do?

The construction industry is no stranger to legal “punch ups” and the person you want to see when that happens is your expert construction lawyer. But what exactly do they do?

Skills of the expert construction lawyer

A construction lawyer is a trained and experienced legal professional who understands the issues you face in the construction industry.

Whether you are an employer of construction skills, a head contractor, subcontractor, supplier or consultant to the industry, your experienced construction lawyer can help you with most of your legal challenges, or at least highlight to you any legal issues that you should be aware of that are outside their scope of expertise and direct you to a colleague who can help you.

Quality construction lawyers are generally experts in two main areas when it comes to construction matters:

1. “front end” work, which includes:

  • contract drafting and negotiation
  • general advice on structuring your business entities for asset protection
  • advice on suitable business documents and contract administration systems and procedures for minimizing your exposure to legal claims… and more

2. “back end” work, which includes:

  • advice regarding options for resolving disputes
  • general advice regarding issues that may arise during contract works execution
  • litigation expertise
  • expertise in assisting with applying alternative dispute resolution methods negotiating resolutions to disputes and seeking alternative solutions for commercial parties so they can proceed with a project without delay… and more

When should you engage a construction lawyer?

Well I’m sure you know the answer to this question already but so few construction professionals heed this advice. You should speak to your expert lawyer at the earliest possible time.

Why? Because when you get them to assist you in the early phase of your project or business you can avoid many more potential problems. Too often I see people draft their own inadequate contracts or sign up to draconian contracts prepared by other parties which include personal guarantees, and then when things move into a dispute phase they are already up the proverbial creek without a means of propulsion… if you know what I mean.

If you wait until you have already run aground (entered into a dispute) to try and change the course of your ship (your business and livelihood), it may well be too late. You see, the cost of engaging a construction lawyer at the start of your project will be about 10% of the cost of just one dispute (in the life of your project) going to court. So consider the math when next time the opportunity presents itself.

The cost of learning from your own mistakes over years of construction industry experience can be a costly one and, in some cases, more than you may have to pay for it. Even then, if you happen to know all the laws at a particular point in time (which is most unlikely), the laws are constantly changing and you’ll never be sure if you know when and how they have changed. The construction lawyer’s job, however, is to know what is about to change before it happens and they will share that invaluable advice with you to prepare you for that change.

The good construction companies with bigger budgets do tend to diligently seek out expert construction legal advice but even they skip this step on some projects… and on further occasion, they live to regret it. If you’re a small to medium sized operator in the construction industry, you cannot afford to take that risk, particularly on larger projects that tie up much of your cash flow.