Kansas Construction Accident Lawyers

Serving Reno County, Sedgwick County, Saline County, Finney County, Ford County, Seward County, and Ellis County

Were you seriously injured in an accident on a construction site? These sites pose a lot of hazards, taking the potential for workplace injuries to a whole new level. Construction sites are among the most dangerous places to work, and if you’ve suffered an injury on a construction site, we are very sorry for what you’re going through and want to help. Please reach out to our Kansas construction accident lawyers right away. We know what you’re up against with these types of cases, and we know how to handle it. Call for a free legal consultation today so we can seek justice for you.

Who Can File a Construction Accident Claim?

These days construction companies are under pressure to get projects done faster than ever before. Some employers are in such a rush against competitors that they fail to train their workers properly. They may send them to work sites without proper safety training or even without the proper safety gear. Intentional or not, such oversights can set the stage for potential injury or worse.

Cutting financial corners on a job site may result in an unsafe environment, both for workers and non-workers who encounter the site in any capacity. Consider things like proper safety nets designed to catch falling debris or a worker who loses their footing. Things like the presence of adequate safety fencing and correct use of safety harnesses all help to maintain site compliance, but most importantly, site safety.

Construction workers are the people most commonly injured in accidents on construction sites. This includes all types of employees, from builders to electricians and other subcontractors. It also includes supervisors who spend some or most of their time in the office. Most of these workers have the option of filing a workers’ compensation claim to pay for lost wages and medical bills. In such cases, there is no need to sue the employer and prove responsibility for the accident. Going the workers’ comp route also often means things like medical bills and lost wages will be taken care of fairly quickly.

There’s a catch for those who file workers’ compensation, however. While it’s likely to guarantee compensation, it often takes away your option to file a lawsuit for personal injury, even if your accident was caused by your employer’s negligence. In addition, non-economic damages such as pain and suffering are not available through a workers’ compensation claim.

Besides construction workers, there’s a second category of people who get injured in construction accidents, for whom filing a personal injury lawsuit is likely the only option. This group is made up of non-workers, and includes people such as pedestrians walking past a site, by-standers working or playing near a site, young children that may wander onto a site, and drivers who are forced to maneuver through a construction zone. Unlike construction workers, these non-workers will probably have no other option than to file a personal injury claim to recover compensation for their injuries.

No matter which category you belong to or if you are unsure whether you have grounds for a construction accident case, our Kansas construction accident lawyers are dedicated to protecting your rights. We will take the time to investigate your accident caused by unsafe conditions due to carelessness or negligence. Call us today to get the compensation you deserve for your construction accident injuries.

Being injured in a construction accident has an impact that reaches beyond the short term. Right now, you may be preoccupied with experiencing pain and discomfort while healing from your physical injuries. But what if this injury affects your ability to return to work, either for an extended period of time or even permanently? Will you need to endure extended physical therapy to return to the active lifestyle you’ve always enjoyed? Will you be left with physical limitations? Can you still jog on the beach with your dog or go camping with your kids?

There may also be financial strain due to a pile of medical bills. You deserve to be compensated not only for the more concrete, economic damages you’ve suffered, but also the more subjective, non-economic damages, such as strain on your emotional and mental health. Our Kansas construction accident lawyers want to stand up for your rights and get you the compensation you deserve for your construction accident.

Melinda Young assists people with personal injury matters in the following locations: Buhler, Burrton, Cheney, Garden Plain, Haven, Hutchinson, Inman, Kingman, Nickerson, and Sterling.

What Kind of Damages Are Available?

The most common types of both economic and non-economic damages are:

• medical expenses, past and future (such as surgeries and physical therapy)
• lost wages
• loss of enjoyment of life
• pain and suffering
• punitive damages

Punitive damages address when a liable party engages in particularly egregious behavior, and the court makes an example of them. An example of behavior that may incur punitive damages would be contamination to a park from a hazardous waste spill at a nearby construction site that no one is warned about, even as people fall ill from it.

When looking at the value of economic and non-economic damages, the more concrete nature of economic damages is the easier of the two to determine through mathematical calculations. Medical bills you’ve already incurred due to the accident can easily be calculated. The cost of future surgeries your injuries may require can be estimated, as can a schedule of physical therapy appointments that have a known cost. Even the future impact of not being able to earn your former income can be considered. It is important to have our experienced Kansas construction accident lawyers to help ensure that all elements of financial impact are included and quantified in your case.

The non-economic damages are more difficult to put a value on, but just as important. Loss of quality of life takes a physical, mental, and emotional toll. If your accident has left you in constant pain that requires continuous medication just to get through the day, the impact on your quality of life goes well beyond the cost of the medication. These are all factors your Kansas construction accident lawyer will take into account when helping to get you compensation.

Do You Have a Case?

Injuries from construction-related work accidents are not uncommon, and you are probably wondering whether you have a case that qualifies for a personal injury lawsuit. Look at this list of injuries that happen most often on and around construction sites to see if you’ve suffered any of them:

• burns
• vehicle collisions
• electrical accidents
• crushing accidents (including by a vehicle)
• falls from heights
• falling objects landing on workers
• tripping hazards
• malfunctioning equipment
• injuries from repetitive motion
• toxic waste exposure
• back injuries

In addition to this list of potential injuries, if a construction accident caused the death of your loved one, you may consider a wrongful death lawsuit. Our lawyers have the experience to guide you in all of these matters.

Your Options for Compensation

These facts may have you asking what to do next. Depending on the situation, you may qualify to make a claim for a construction accident. For construction workers, determining factors include whether:

• your employer denied your worker’s comp claim in bad faith
• your injury resulted from intentional misconduct by your employer
• your employer’s gross negligence caused your accident
• one of the responsible parties was not your employer (as would be the case, for example, if you were brought onto a construction site as a subcontractor. An injury on the site may allow you to file a claim against the general contractor or an equipment manufacturer.
• your employer didn’t have adequate workers’ compensation insurance, or lacked it entirely

If you meet one of the worker’s compensation exceptions that allows you to file a personal injury lawsuit for a construction accident, or you are a non-worker, you can consider filing a personal injury lawsuit. This will require you to prove negligence.

This means it’s clear that:

• The liable party owed “a duty of care” to the plaintiff. This means the employer had a responsibility to act in a way that prevented injuries to those on the construction site (such as providing safety equipment to employees)
• The liable party breached that duty (for example if the employer failed to provide hard hats to those on the site)
• The breach of duty caused injury
• The injury resulted in damages

Another way to approach a construction accident claim is through product liability (if for instance, the hard hat you were issued did not provide the level of protection guaranteed by the manufacturer). When proving product liability, you will need to prove:

• the product was defective
• the defect in the product caused your injury
• you were using the product as it was intended
• you were injured

The many elements involved in a construction accident case can make the idea of filing a construction accident claim daunting. Our Kansas construction accident lawyers have the knowledge and resources to guide you through the many moving parts of your construction accident case. Call us today for your free consultation and let us free you of the stress of putting together your claim, so you can focus on healing.

Mistakes to Avoid

In order to have the best chance for success , there are some very important precautions to be aware of when pursuing a construction accident claim. Two of them involve dealing with insurance companies.

Experienced lawyers will tell you that it’s never in your best interest to speak with the insurance company. The insurance representative may act as if they are your friends and are concerned for you. You may think you are being helpful by providing information. Both of these things are not true. Insurance companies look out for their bottom line. They will try to get you talking and get a recorded statement from you. Insurance representatives are trained to get information out of you that they can and will use to try and devalue your claim, or eliminate it entirely. It is very important to have our experienced Kansas construction accident lawyers handle these communications for you.

Another red flag to watch out for is a lowball settlement offer from the insurance company. If you have given a recorded statement to them, you may in fact be looking at reduced compensation options because they’ve managed to succeed in lowering the value of your claim. Hopefully this is not the case, but you can expect them to try to sell you on a lowball offer even if you didn’t give them a statement. It’s another reason to call our Kansas construction accident lawyers to take on the insurance companies on your behalf. We know what to expect and how to handle their tactics.

Call our Kansas Construction Accident Lawyers Today for a Free Legal Consultation

If you’ve suffered a serious injury due to someone else’s carelessness or negligence, you deserve justice. Construction accident injuries are frightening and can be devastating, with potential long-term effects such as the inability to work, a reduced quality of life, and daily pain. We are very sorry that you are going through this and want to be by your side in this difficult time to fight for the justice you deserve. Call to set up your free legal consultation with our knowledgeable attorneys today.