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Atlanta Construction Accident Lawyer
From towering scaffolds to heavy machinery, construction sites pose daily hazards, many of which can result in serious injuries. In fact, construction is one of the most dangerous industries in Georgia, with a variety of risks that range from falls to electrocution, machinery accidents, and more.
If you’ve been injured on a construction site, it’s important to understand that workers’ compensation may not be the only option for receiving compensation. Many construction accidents involve multiple companies, contractors, or third parties, and they could be held liable for your injuries.
At Weatherby Law, an Atlanta construction accident lawyer can guide you through the complexities of these claims. Our trial-ready approach ensures you get the full compensation you deserve.
Speak with an Atlanta Construction Accident Attorney Today
Injured on a Construction Site in Atlanta?
Construction is one of the most dangerous industries in Georgia. Injuries in construction often involve multiple parties, including general contractors, subcontractors, and equipment suppliers. In many cases, workers’ compensation only covers medical bills and lost wages, but it doesn’t account for the long-term effects of injuries, such as pain and suffering or future lost earnings.
When you’ve been hurt on the job, it’s essential to seek legal help from a construction accident lawyer who can guide you through the process of seeking fair compensation from all responsible parties. One mistake early in the process can severely limit your ability to recover compensation for pain and suffering and other damages.
Common Construction Accidents We Handle
Below are some of the most common types of accidents we handle:
Falls from Scaffolding or Ladders
Falls are one of the leading causes of injury in construction accidents. Whether from scaffolding, ladders, or elevated platforms, these falls can result in severe injuries, including broken bones, spinal cord injuries, or traumatic brain injuries. Workers may fall due to poorly maintained equipment or inadequate safety measures.
An Atlanta scaffolding injury lawyer will investigate all angles to find the cause and advocate for justice on your behalf.
Struck-by Accidents
In busy construction zones, workers are at risk of being struck by falling tools, debris, or even moving vehicles. These accidents can cause serious injury—or, in the most extreme cases, wrongful death. Contractors and subcontractors are responsible for keeping the worksite clear and ensuring that safety protocols are followed.
Heavy Equipment and Machinery Accidents
Construction workers are often required to operate bulldozers, cranes, and forklifts. Accidents involving heavy machinery can result in devastating injuries, such as crushed limbs, amputations, or even death. Often, these accidents are caused by operator error, faulty equipment, or inadequate training.
Electrocution and Electrical Injuries
Electrical hazards are common on construction sites, especially when workers are exposed to live wires or faulty equipment. Electrocution can lead to severe burns, organ failure, or even death. Construction companies must adhere to safety standards to ensure the workplace is safe from electrical hazards.
Crane, Forklift, and Roadway Construction Accidents
Crane accidents and forklift mishaps are common, especially in large-scale construction projects. Whether it’s a malfunction or a failure to follow safety guidelines, these incidents often lead to serious injuries or fatalities. Roadway construction zones also present unique risks, with passing drivers contributing to accidents.
Trench Collapses and Structural Failures
Trench collapses are particularly dangerous, as they can bury workers alive. Similarly, structural failures, such as collapsing scaffolding or walls, can result in severe injuries and fatalities. These types of accidents often involve inadequate safety measures and failure to follow federal and state safety regulations.
Common Construction Accident Injuries
Construction accidents can result in life-altering, catastrophic injuries. Some of the most common injuries we handle include:
- Traumatic Brain Injuries: Caused by falls or blunt force trauma.
- Spinal Cord Injuries: Often resulting from falls or heavy equipment accidents.
- Crush Injuries and Amputations: Caused by heavy machinery or equipment.
- Severe Burns and Electrocution Injuries: Typically resulting from electrical accidents.
- Broken Bones and Internal Injuries: Common in falls or struck-by accidents.
Many of these injuries require long-term medical care and can lead to permanent disabilities. In some cases, workers may never be able to return to their jobs.
An Atlanta construction accident attorney at Weatherby Law Firm will ensure your compensation reflects lost wages and future earning potential. Our team is here to help you recover from every aspect of your injuries.
What to Do After a Construction Accident in Atlanta
If you’ve been injured on a construction site, taking the right steps can significantly impact your claim.
Here’s what to do after a construction accident:
1. Get Medical Treatment Immediately
Your health is the most important thing. Seek medical attention, even if your injuries seem minor. Some injuries, like concussions, can have delayed symptoms.
2. Report the Injury to Your Employer
Notify your employer about the accident as soon as possible. Failing to report the injury can hurt your workers’ compensation claim.
3. Document the Scene and Witnesses
Take photos of the accident site and any visible injuries. Speak to witnesses and gather their contact information.
4. Avoid Giving Recorded Statements
Do not give a recorded statement to any insurance company until you’ve spoken with a construction injury lawyer. They may try to use your words against you.
5. Speak with an Atlanta Construction Accident Lawyer Before Accepting Anything
Insurance companies often offer settlements that are much lower than what you deserve. A lawyer can help you navigate the claims process and ensure you get fair compensation.
Workers’ Compensation vs. Third-Party Construction Accident Claims
When you’re injured on a construction site, there are generally two avenues for seeking compensation: workers’ compensation and third-party personal injury claims. Each has its advantages and limitations, so understanding the differences is crucial to getting the full compensation you deserve.
Workers' Compensation
Workers’ compensation is a system that provides benefits to workers injured on the job. However, this system has limitations:
- Covers Medical Care and Partial Lost Wages: Workers’ compensation generally covers the cost of medical treatment and provides partial compensation for lost wages while you recover.
- No Pain and Suffering: Unlike personal injury claims, workers’ comp does not compensate for pain and suffering, emotional distress, or long-term consequences.
- Limited Benefits: Workers’ compensation covers only specific injuries and often does not account for the full scope of an injured worker’s long-term financial needs.
- No Fault Requirement: The benefit of workers’ compensation is that it doesn’t require you to prove fault. However, this can be a disadvantage if a third party is responsible for your injury.
- Covers Medical Care and Partial Lost Wages: Workers’ compensation generally covers the cost of medical treatment and provides partial compensation for lost wages while you recover.
Third-Party Construction Accident Claims
Third-party claims are used when someone other than your employer is responsible for your injury. These types of claims can result in more comprehensive compensation than workers’ compensation.
Common third-party defendants include:
- Contractors and Subcontractors: If a contractor or subcontractor’s negligence contributed to your injury, they could be held liable.
- Equipment Manufacturers: Defective machinery or tools can cause accidents, making manufacturers liable for damages.
- Property Owners: If the property owner failed to maintain a safe work environment, they could be responsible for your injury.
With a third-party construction accident claim, you can pursue:
- Full Compensation: This includes not only medical bills and lost wages, but also pain and suffering, future medical care, and lost earning capacity.
- Pain and Suffering: These claims allow you to recover damages for the emotional and physical pain you’ve experienced as a result of the injury.
- Contractors and Subcontractors: If a contractor or subcontractor’s negligence contributed to your injury, they could be held liable.
Who May Be Liable for a Construction Site Injury?
Multiple parties may be responsible for your injuries on a construction site. Identifying who is liable can be complex, but a skilled construction accident lawyer in Atlanta can help pinpoint who is at fault. Potentially liable parties include:
- General Contractors: The general contractor oversees the construction site and ensures safety protocols are followed.
- Subcontractors: Subcontractors are often responsible for specific parts of a construction project, and their negligence can cause injury.
- Equipment Manufacturers: Faulty or defective machinery, tools, or safety equipment can contribute to accidents.
- Property Owners: The owner of the construction site may also be liable for unsafe working conditions, such as faulty scaffolding or a lack of necessary safety features.
- Other Drivers (Roadway Construction Zones): If your injury occurred in a construction zone, passing vehicles or commercial trucks may have been responsible for the accident.
- General Contractors: The general contractor oversees the construction site and ensures safety protocols are followed.
How Fault Works in Georgia Construction Accident Cases
Georgia follows a modified comparative negligence rule in personal injury claims, which means that fault isn’t always clear-cut.
Here’s how it works:
- Workers’ Compensation is no-fault, meaning you don’t have to prove that your employer was at fault to receive benefits. However, workers’ compensation claims only go so far, covering only a portion of your lost wages and medical bills.
- Third-Party Claims use modified comparative negligence. This means you can still recover damages even if you are partially at fault for the accident—but your compensation will be reduced based on the percentage of fault attributed to you.
For example:
If you are 35% at fault for the accident and your settlement is $100,000, your compensation will be reduced by your percentage of fault, leaving you with $65,000. In Georgia, a 50% bar rule applies: if you are found to be more than 50% at fault, you will not be able to recover compensation.
Compensation Available After a Construction Accident
If you’ve been injured on a construction site, you may be entitled to compensation for a variety of damages, including:
- Medical Expenses: This includes both current and future medical treatment necessary for your recovery.
- Lost Wages and Reduced Earning Capacity: Compensation for wages lost during recovery and any future loss of income due to disability.
- Pain and Suffering: Compensation for the physical and emotional toll of the injury.
- Permanent Disability: If the injury results in permanent disability, compensation for long-term care or adaptation to a new lifestyle.
- Disfigurement and Scarring: Injuries that cause visible scars or disfigurement may also be compensated.
Why Work With an Atlanta Construction Accident Attorney?
An experienced Atlanta construction accident lawyer provides invaluable support in navigating the complex claims process.
Here’s how an attorney can help:
- Identifying All Liable Parties: A lawyer can investigate the accident to determine who is legally responsible for your injuries.
- Handling Insurers and Contractors: Lawyers are skilled in negotiating with insurers and contractors to secure a fair settlement.
- Preserving Evidence Early: Lawyers know how to gather and preserve crucial evidence before it is lost.
- Avoiding Low Settlements: Insurers often offer low-ball settlements that do not adequately cover your expenses. A lawyer ensures you get what you deserve.
- Coordinating Workers’ Comp & Injury Claims: Lawyers can coordinate both your workers’ compensation claim and any third-party personal injury claims to ensure you maximize your compensation.
Why Choose Weatherby Law Firm?
Weatherby Law Firm has decades of experience representing injured workers in Atlanta. Here’s why clients choose us:
- Atlanta-Focused Representation: We understand the unique challenges of construction accident claims in Georgia.
- Experience with Complex Accident Cases: Our attorneys are skilled at handling the most complicated construction accident claims.
- Direct Communication: You will work directly with your attorney throughout your case.
- No Upfront Fees: We operate on a contingency fee basis, meaning you don’t pay unless we win.
- Over 15 Years of Experience: Our firm has successfully helped clients in Atlanta recover the compensation they deserve.
- Trial-Ready Approach: We prepare every case as if it’s going to trial, ensuring we are always ready to fight for you.
Compensation Available After a Construction Accident
If you’ve been injured on a construction site, you may be entitled to compensation for a variety of damages, including:
- Workers’ Compensation: You must report the injury to your employer within 30 days of the incident to avoid losing your benefits. You have one year from the date of the injury to file a claim with the State Board of Workers’ Compensation. Failure to meet these deadlines may result in the loss of your right to file a workers’ comp claim.
- Personal Injury Claims: For personal injury claims, including those involving third-party liability, you have two years from the date of the accident to file your claim. If you do not file within this time frame, you may lose your right to sue for damages.
- Exceptions and Why Timing Matters: There are exceptions to these deadlines. For example, if you are still receiving medical treatment, the statute of limitations may be extended. However, the earlier you consult with a construction accident lawyer, the better. Delays in filing can jeopardize your case, especially if crucial evidence is lost or witnesses’ memories fade.
Atlanta Construction Accident FAQs
Can I file a personal injury lawsuit if I’m already receiving workers’ compensation?
Yes, you can file a personal injury lawsuit if a third party (other than your employer) was responsible for the accident. Workers’ compensation covers only medical bills and lost wages, but a third-party claim can provide full compensation, including pain and suffering.
Common third parties involved in construction accidents include contractors, subcontractors, or equipment manufacturers.
What if I was a subcontractor or 1099 worker injured on a construction site?
Subcontractors and 1099 workers often aren’t covered by workers’ compensation, making it even more important to consult with a construction injury lawyer. You may be able to pursue a personal injury claim against general contractors, property owners, or other subcontractors who were responsible for your injury.
What if my construction accident happened in a roadway or work zone?
Accidents in roadway construction zones are common in metro Atlanta, and these cases are often more complicated because they involve passing drivers, commercial vehicles, or municipal contractors. Potential claims could be made against negligent drivers or contractors responsible for traffic control. An Atlanta roadway construction accident lawyer can help navigate these complex cases.
Do I still have a case if safety rules or OSHA regulations were ignored?
If safety protocols or OSHA regulations were violated, it strengthens your case. Violations such as missing fall protection or unsafe scaffolding can serve as proof of negligence.
What if multiple companies or contractors were involved in my accident?
Construction sites often involve many parties, including general contractors, subcontractors, equipment suppliers, and property owners. Identifying all liable parties can be complex, but a construction accident lawyer can help maximize your compensation by holding all responsible parties accountable.
How long do I have to file a construction accident claim in Atlanta?
You generally have 30 days to report the injury for workers’ comp and two years for personal injury claims. Waiting too long could hurt your ability to secure compensation. Early legal advice is essential to preserve evidence and meet the required deadlines.
Speak With an Atlanta Construction Accident Lawyer Today
If you’ve been injured on a construction site in Atlanta, don’t wait to get the compensation you deserve.
Weatherby Law Firm offers free consultations to evaluate your case and provide guidance on your legal options. Leveraging years of proven experience, we are ready to help you navigate the complexities of construction accident claims.
Get the compensation you deserve, and speak with an experienced Atlanta construction accident lawyer. We are ready to fight for your rights.
Extremely kind and hardworking team, most definitely would trust and choose them again!
Alex and Sarah, our dedicated attorney team, were not only highly professional but also incredibly kind and supportive throughout the entire ordeal. They patiently answered all of our questions, addressed our concerns, and provided us with regular updates, which helped alleviate any stress and uncertainty we had.
What truly sets Weatherby Law firm apart is their commitment to achieving the best possible outcome for their clients. Thanks to their expertise and tenacity, they were able to secure a settlement that exceeded our expectations by an impressive $20,000. This additional compensation made a significant difference in our lives and helped us recover from the accident more comfortably.
I highly recommend Weatherby Law firm to anyone in need of legal representation. Their exceptional service, personalized approach, and remarkable results truly make them stand out. Thank you, Weatherby Law firm, for your unwavering dedication and outstanding support!
Every one from Sarah to Alex To the receptionist were outstanding professional and very caring to my situation. They were always available at any time to answer any questions and followed up with all my appointments after treatments.
My case was settled in a timely fashion and they always kept me up to date with any changes or new finding to the case.
They are my extended family now. I would definitely refer them others.
Their work ethics to me is focused around care for their clients first and getting the most settlement for their clients. I am very grateful that my daughter found them for me.
I can go on and on .
Keep up the Awesomeness. Taking care of people.
FREE CONSULTATION WITH A D*MN GOOD ATLANTA CONSTRUCTION ACCIDENT LAWYER
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Decatur, GA 30030
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750 Piedmont Ave NE
Atlanta, GA 30308