Construction sites are inherently dangerous places where workers face numerous risks every day. The potential for accidents is always present, from heavy machinery and towering scaffolds to hazardous materials and unpredictable weather. Unfortunately, even with safety protocols in place, construction site accidents still occur with alarming frequency, often resulting in serious injuries or even death.

At The Henry Law Firm, we understand the physical, emotional, and financial toll a construction site accident can take on you and your family. Navigating the aftermath of such an incident can be overwhelming, especially when you’re dealing with medical bills, lost wages, and the uncertainty of your recovery. That’s why having a construction site accident lawyer by your side is crucial to protecting your rights and fighting for the compensation you deserve.

If you’ve been injured in a construction site accident in Cleveland, OH, you don’t have to face this difficult time alone. Our legal team is dedicated to helping injured workers like you get the justice and financial support you need to move forward. We offer a free, no-obligation consultation to discuss your case, evaluate your options, and explain how we can help you pursue a successful claim. Contact The Henry Law Firm today, and let us start working on your behalf.

Construction site with cranes and other heavy equipment.

Common Causes of Construction Site Accidents In Cleveland

Construction sites are bustling environments with multiple activities happening simultaneously, creating numerous opportunities for accidents. Understanding the common causes of these accidents can help identify who may be liable and how to prevent future incidents. Here are some of the most frequent causes of construction site accidents:

1. Falls from Heights

One of the leading causes of injury and death on construction sites is falling from heights. Workers often operate on scaffolding, ladders, roofs, or elevated platforms, making them vulnerable to falls. These accidents can occur due to improperly secured scaffolding, lack of guardrails, defective ladders, or even simple human error. The consequences of a fall from height can be devastating, leading to severe injuries such as broken bones, traumatic brain injuries, or even fatalities.

2. Falling Objects

Construction sites are dynamic environments where tools, materials, and debris are frequently moved and transported. If these items are not properly secured, they can fall and strike workers below, causing severe injuries. Hard hats provide some protection, but falling objects can still lead to head injuries, fractures, and other significant harm. These accidents often result from inadequate safety measures or negligence in securing materials at heights.

3. Heavy Machinery Accidents

Construction sites rely heavily on cranes, forklifts, bulldozers, and excavators. While these machines are essential for completing tasks efficiently, they pose significant risks if not properly maintained or operated. Heavy machinery accidents can occur due to equipment malfunction, operator error, or lack of proper training. These incidents can result in crushing injuries, amputations, and other catastrophic injuries.

4. Electrocutions

Construction workers often work near power lines, electrical systems, and wiring, putting them at risk of electrocution. Electrocution accidents can occur when workers come into contact with live wires, faulty electrical equipment, or exposed electrical sources. These incidents can cause severe burns, cardiac arrest, or even death. Proper safety training, protective gear, and adherence to electrical safety protocols are essential to preventing electrocutions on construction sites.

5. Caught-In/Between Accidents

Caught-in/between accidents happen when a worker is trapped between two objects, such as machinery, equipment, or collapsing structures. These accidents occur when machinery is improperly operated, when safety protocols are ignored, or during trenching and excavation work. Caught-in/between accidents often result in severe crushing injuries, amputations, or fatalities. Proper safety measures, including machine guarding and trench support, are critical in preventing these incidents.

6. Trench Collapses

Excavation and trenching are everyday tasks on construction sites but come with significant risks. Trench collapses occur when the walls of an excavated trench cave in, trapping workers inside. These accidents can be caused by improper shoring, soil instability, or lack of protective systems. Trench collapses are often deadly, as workers can be buried under tons of soil with little chance of escape. Strict adherence to safety regulations and proper trenching techniques are essential to prevent these accidents.

7. Exposure to Harmful Substances

Construction workers are often exposed to hazardous substances such as asbestos, lead, silica, and toxic chemicals. Long-term exposure or improper handling of these substances can lead to serious health issues, including respiratory problems, cancer, and other chronic conditions. Inadequate ventilation, lack of protective gear, and failure to follow safety guidelines can all contribute to harmful exposure on construction sites.

Understanding the common causes of construction site accidents is crucial for preventing and determining liability when an accident occurs.

Types of Injuries in Cleveland Construction Site Accidents

Construction site accidents can result in a wide range of injuries, many of which are severe and life-altering. Construction work’s physical demands and hazards mean that the consequences can be devastating when accidents happen. Here are some of the most common types of injuries sustained in construction site accidents:

1. Traumatic Brain Injuries (TBI)

Traumatic brain injuries are among the most severe injuries that can occur on a construction site. These injuries often result from falls, being struck by falling objects, or accidents involving heavy machinery. TBIs can range from mild concussions to severe brain damage that affects cognitive function, memory, and motor skills. The long-term effects of a TBI can include permanent disability, behavioral changes, and a diminished quality of life, requiring ongoing medical care and rehabilitation.

2. Spinal Cord Injuries

Spinal cord injuries are another severe consequence of construction site accidents, often resulting from falls, crushing incidents, or heavy machinery accidents. Damage to the spinal cord can lead to partial or complete paralysis, depending on the location and extent of the injury. Paralysis can significantly impact a person’s ability to work, perform daily activities, and enjoy life, often requiring lifelong care and substantial financial resources.

3. Broken Bones and Fractures

Fractures and broken bones are common in construction site accidents, especially in falls, machinery, or being struck by objects. While some fractures heal with time and proper medical care, others may require surgery, physical therapy, and extended recovery periods. Multiple or complex fractures can lead to long-term complications, chronic pain, and limitations in mobility, affecting a worker’s ability to return to their job.

4. Burns and Electrocution Injuries

Burns can occur on construction sites due to fires, explosions, chemical spills, or contact with hot surfaces or electrical sources. Electrocution injuries result from exposure to live wires, faulty electrical systems, or contact with power lines. Both types of injuries can cause severe physical pain, permanent scarring, nerve damage, and, in extreme cases, can be life-threatening. The psychological impact of severe burns and electrocution injuries is also significant, often requiring long-term emotional support and therapy.

5. Amputations

Amputations are among the most catastrophic injuries that can occur on a construction site. These injuries often result from machinery accidents, falls, or being crushed by heavy objects. Losing a limb has profound physical, emotional, and financial implications, affecting people’s ability to work, care for themselves, and participate in activities they once enjoyed. Amputation injuries require extensive medical treatment, prosthetics, and ongoing rehabilitation, all of which can be costly.

6. Hearing and Vision Loss

Construction workers are frequently exposed to loud noises, hazardous chemicals, and debris, which can lead to hearing and vision loss. Repeated exposure to loud machinery without proper ear protection can damage permanent hearing, while chemical spills or flying debris can cause partial or complete vision loss. These sensory impairments can severely impact a worker’s quality of life and ability to perform their job, necessitating specialized medical care and accommodations.

7. Repetitive Stress Injuries

Repetitive stress injuries (RSIs) are common in construction workers who perform the same physical tasks repeatedly, such as lifting, bending, or using tools. Over time, these repetitive motions can lead to chronic pain, inflammation, and conditions such as carpal tunnel syndrome, tendonitis, and bursitis. RSIs can limit a worker’s ability to perform their job and may require medical treatment, physical therapy, or even surgery to alleviate symptoms.

Construction site injuries can profoundly impact a worker’s life, affecting their health, ability to work, and overall well-being. At The Henry Law Firm, we understand the challenges injured workers face and are committed to helping you secure the compensation you need to recover and rebuild your life.

Who Is Liable for a Construction Site Accident?

Determining liability in a construction site accident can be complex, as multiple parties may be involved. Understanding who is responsible for ensuring safety and who can be held accountable for your injuries is crucial to pursuing a successful claim. Here’s an overview of the potential parties who could be liable for a construction site accident:

1. Employer Liability

Employers are generally responsible for maintaining a safe working environment for their employees. This includes proper training, ensuring all safety protocols are followed, and supplying appropriate safety equipment. If your employer fails to meet these responsibilities and you are injured, they may be liable. However, in most cases, workers’ compensation laws protect employers from being sued directly by employees for workplace injuries. Instead, workers’ compensation benefits typically cover medical expenses and a portion of lost wages.

2. Third-Party Liability

In addition to your employer, other parties involved in the construction project may also be liable for your injuries. These third parties could include:

  • Contractors and Subcontractors: If a contractor or subcontractor on the site fails to follow safety regulations or creates hazardous conditions that lead to an accident, they may be liable for your injuries.
  • Equipment Manufacturers: If faulty machinery or tools contributed to the accident, the manufacturer of the defective equipment may be held responsible for producing unsafe products. This could lead to a product liability claim.
  • Property Owners: The property owner where the construction is taking place may be liable if they fail to address known hazards or do not provide a safe environment for workers.
  • Architects and Engineers: If the design or planning of the construction project was flawed and contributed to the accident, the architects or engineers involved may be held accountable.

3. Workers’ Compensation vs. Third-Party Claims

Workers’ compensation benefits are usually your first source of financial recovery when you’re injured on the job. These benefits cover medical expenses, a portion of lost wages, and disability benefits but do not provide compensation for pain and suffering or punitive damages. However, if a third party (other than your employer) is responsible for your injury, you may be able to pursue a third-party claim in addition to your workers’ compensation claim. A third-party claim can allow you to seek additional compensation for damages not covered by workers’ compensation, such as pain and suffering, full wage loss, and more.

4. Role of OSHA Violations

The Occupational Safety and Health Administration (OSHA) sets and enforces safety standards in the workplace, including construction sites. If an employer, contractor, or other responsible party violates OSHA regulations, which lead to an accident, it can strengthen your case for liability. OSHA violations can indicate that the responsible party failed to provide a safe working environment, which may result in fines or penalties and bolster your compensation claim.

Determining liability in a construction site accident is critical in ensuring you receive the compensation you deserve. It requires a thorough investigation of the accident, a deep understanding of the law, and careful consideration of all the parties involved.

What To Do After A Cleveland Construction Site Accident

Experiencing a construction site accident can be overwhelming, and knowing what steps to take immediately after the incident is crucial for protecting your health, rights, and potential compensation claim. Here’s a step-by-step guide on what to do after a construction site accident:

1. Seek Immediate Medical Attention

Your health and safety should be your top priority. Even if you believe your injuries are minor, seeking medical attention right away is essential. Some injuries, such as internal bleeding or traumatic brain injuries, may not show immediate symptoms but can worsen over time. Prompt medical evaluation and treatment ensure your well-being and create a medical record that links your injuries to the accident, which is vital for any future legal claims.

2. Report the Accident

Notify your supervisor or employer about the accident as soon as possible. It’s important to follow your workplace’s procedures for reporting injuries, which may involve filling out an incident report or providing a written statement. Make sure to keep a copy of any reports you submit. Reporting the accident promptly is crucial for ensuring that your workers’ compensation claim is processed without delay and that there is an official record of the incident.

3. Preserve Evidence

Gathering and preserving evidence is critical for building a strong case. If you are able, take the following steps to document the accident scene and your injuries:

  • Photographs and Videos: Take pictures or videos of the accident scene, including any hazards, machinery, equipment, or conditions that contributed to the accident. Also, document any visible injuries you have sustained.
  • Witness Information: Obtain contact information from coworkers or bystanders who witnessed the accident. Their statements can be valuable in supporting your version of events.
  • Equipment Involved: If machinery or tools were involved in the accident, make note of the specific equipment, including make and model numbers and whether there were any apparent defects or malfunctions.
  • Keep Records: Retain copies of all medical records, bills, and any correspondence related to the accident. These documents will be essential for your workers’ compensation claim or any potential third-party lawsuit.

4. Report the Incident to OSHA

Depending on the accident’s severity, you may need to report it to the Occupational Safety and Health Administration (OSHA). OSHA oversees workplace safety and can investigate the circumstances of accidents, mainly if there are safety violations. Reporting the incident to OSHA can help identify any regulatory breaches that may have contributed to the accident and hold the responsible parties accountable.

5. Consult a Construction Accident Lawyer

Construction site accidents often involve complex legal issues, including determining liability and navigating the workers’ compensation system. Consulting with an experienced construction accident lawyer as soon as possible is crucial for protecting your rights and maximizing your compensation. A lawyer can help you understand your legal options, handle communications with insurance companies, and guide you through filing a claim.

Your lawyer will also thoroughly investigate the accident, gather additional evidence, and work with experts if necessary to strengthen your case. Whether you’re pursuing workers’ compensation benefits or filing a third-party claim, having legal representation ensures that you are not taken advantage of by insurance companies or employers who may try to minimize your compensation.

Understanding Ohio Workers’ Compensation

An injured person fills out a work injury claim form at a desk with a hard hat sitting on the desk.

Ohio workers’ compensation is a state-mandated insurance program that benefits workers injured or ill due to their jobs. Workers’ compensation can offer critical financial support during your recovery if you’ve been injured in a construction site accident. However, understanding how the system works and what benefits you’re entitled to can be challenging. Here’s what you need to know about Ohio workers’ compensation:

1. Overview of Ohio Workers’ Compensation Laws

Ohio law requires most employers to carry workers’ compensation insurance, which covers employees who suffer work-related injuries or illnesses. The program is designed to provide medical benefits and wage replacement without the need to prove fault, meaning you don’t have to demonstrate that your employer was negligent in receiving benefits. In exchange, employees typically cannot sue their employers for workplace injuries, with some exceptions.

2. Benefits Available

Workers’ compensation provides several types of benefits to injured workers, including:

  • Medical Benefits: Coverage for all reasonable and necessary medical treatment related to your work injury or illness. This includes doctor visits, hospital stays, surgeries, prescriptions, physical therapy, and rehabilitation.
  • Wage Replacement: If your injury prevents you from working, you may be eligible for temporary total disability (TTD) benefits, which replace a portion of your lost wages. These benefits are typically two-thirds of your average weekly wage, up to a maximum amount set by the state.
  • Permanent Partial Disability (PPD) Benefits: If your injury results in permanent impairment but doesn’t completely prevent you from working, you may receive compensation based on the extent of your disability.
  • Permanent Total Disability (PTD) Benefits: If your injury leaves you unable to perform any work for the rest of your life, you may qualify for PTD benefits, which provide ongoing compensation.
  • Vocational Rehabilitation: Assistance with retraining, education, or job placement if you cannot return to your previous job due to injury.
  • Death Benefits: If a worker dies due to a work-related injury or illness, workers’ compensation provides death benefits to the worker’s dependents, including funeral and burial expenses.

3. Limitations of Workers’ Compensation

While workers’ compensation is an essential safety net, it has limitations. Some of the key limitations include:

  • No Compensation for Pain and Suffering: Workers’ compensation benefits do not cover non-economic damages such as pain and suffering or emotional distress, which can be significant in severe injury cases.
  • Partial Wage Replacement: Workers’ compensation wage replacement benefits only cover a portion of your lost income, which may not be enough to support your family fully during your recovery.
  • Restrictions on Lawsuits: In most cases, accepting workers’ compensation benefits means you cannot sue your employer for additional compensation, even if their negligence contributed to your injury.

4. Filing a Workers’ Compensation Claim

To receive workers’ compensation benefits, you must file a claim with the Ohio Bureau of Workers’ Compensation (BWC). Here are the steps involved:

  • Report Your Injury: Notify your employer immediately after the accident. Your employer is required to report the injury to the BWC.
  • Seek Medical Treatment: Get medical care immediately, and inform the healthcare provider that your injury is work-related. Your doctor must complete a First Report of Injury (FROI) form, which is submitted to the BWC.
  • Complete the Claim Form: You must complete and submit a workers’ compensation claim form online or by mail. Be sure to include all necessary documentation, such as medical records and wage information.
  • Await Approval: The BWC will review your claim and determine whether to approve or deny benefits. If your claim is approved, you’ll begin receiving benefits. If denied, you have the right to appeal the decision.

5. Common Challenges in the Process

Filing for workers’ compensation is not always straightforward, and injured workers may face several challenges, such as:

  • Delayed Payments: Workers’ compensation benefits may be delayed due to paperwork issues, disputes over the extent of your injuries, or other factors.
  • Claim Denials: The BWC may deny your claim if they believe your injury is not work-related, if there is insufficient evidence, or if deadlines were missed.
  • Disputes Over Benefits: Disagreements may arise over the benefits you’re entitled to, especially in cases involving permanent disability or long-term medical care.

Consulting with a construction accident lawyer can make a significant difference if you encounter any challenges in the workers’ compensation process or believe your claim has been unfairly denied. At The Henry Law Firm, we can help you navigate the workers’ compensation system, appeal denied claims, and ensure you receive the full benefits you’re entitled to.

Understanding Ohio workers’ compensation is crucial for protecting your rights and securing the financial support you need after a construction site accident. If you have questions about your eligibility or need assistance with a claim, contact The Henry Law Firm today for a free consultation. We’re here to help you through every step of the process.

Pursuing a Third-Party Claim for Additional Compensation

While Ohio’s workers’ compensation system provides essential benefits to injured workers, it has limitations—particularly in fully compensating you for all your losses, such as pain and suffering, full wage loss, and long-term impact on your quality of life. Sometimes, you may be eligible to pursue additional compensation through a third-party claim. Here’s what you need to know about third-party claims and how they can provide further financial support after a construction site accident:

1. What Is a Third-Party Claim?

A third-party claim is a personal injury lawsuit filed against someone other than your employer who may have contributed to your construction site accident. While workers’ compensation protects employers from lawsuits, it doesn’t prevent you from suing third parties whose negligence or wrongful actions caused or contributed to your injuries. A third-party claim allows you to seek damages beyond the benefits available through workers’ compensation.

2. Potential Third-Party Defendants

Several parties other than your employer could potentially be held liable in a third-party claim, including:

  • Contractors and Subcontractors: Multiple contractors and subcontractors are often involved in large construction projects. If another contractor’s unsafe practices, negligence, or failure to follow safety protocols led to your injury, they could be held liable.
  • Equipment Manufacturers: Defective machinery, tools, or safety equipment can cause serious injuries on a construction site. If your injury was caused by faulty equipment, you may be able to file a product liability claim against the manufacturer or distributor.
  • Property Owners: The property owner where construction occurs is responsible for maintaining safe conditions. The property owner might be liable if hazardous property conditions contributed to your accident.
  • Architects and Engineers: If poor design, planning, or supervision by architects or engineers led to unsafe conditions or structural failures that caused your injury, these professionals could be held accountable.
  • Delivery Companies: If a delivery driver or company was involved in an accident on-site that led to your injury, they could be considered a liable third party.

3. Types of Damages in a Third-Party Claim

A successful third-party claim can provide compensation for a broader range of damages than workers’ compensation alone, including:

  • Pain and Suffering: Compensation for the physical pain and emotional distress you’ve endured as a result of your injuries.
  • Full Wage Loss: While workers’ compensation only covers a portion of your lost wages, a third-party claim can help you recover the full income you’ve lost due to your injury, including future earnings if your injury impacts your ability to work long-term.
  • Loss of Consortium: Damages for your injury’s impact on your relationship with your spouse or family.
  • Loss of Enjoyment of Life: Compensation for losing the ability to engage in activities you once enjoyed.
  • Punitive Damages: In cases of particularly reckless or intentional conduct by the third party, you may be awarded punitive damages designed to punish the wrongdoer and deter similar behavior in the future.

4. Process of Filing a Third-Party Claim

Pursuing a third-party claim involves several steps, and working with a construction accident lawyer who can guide you through the process is essential. Here’s how it typically works:

  • Investigation: Your lawyer will thoroughly investigate all potentially liable parties, gather evidence, and build a strong case. This may include reviewing accident reports, interviewing witnesses, analyzing equipment and machinery, and consulting with experts.
  • Filing the Lawsuit: Once the responsible third party has been identified and the case is built, your lawyer will file a personal injury lawsuit in the appropriate court.
  • Negotiations: In many cases, the third party or their insurance company may offer a settlement to resolve the case without going to trial. Your lawyer will negotiate to ensure that any settlement offer fully compensates you for your damages.
  • Trial (if necessary): If a fair settlement cannot be reached, your case may go to trial. Your lawyer will present the evidence and arguments to the court for a favorable verdict.

5. How a Lawyer Can Help

Pursuing a third-party claim is a complex process that requires a deep understanding of construction site accidents. A skilled lawyer can:

  • Identify Liable Parties: Determine all potential third-party defendants responsible for your injuries.
  • Build a Strong Case: Gather evidence, work with experts, and develop a compelling legal strategy to maximize compensation.
  • Negotiate on Your Behalf: Handle all communications with the third party and their insurance company to secure a fair settlement.
  • Represent You in Court: Advocate for your rights in court if the case goes to trial, ensuring you receive the compensation you deserve.

How We Handle Construction Site Accident Cases at The Henry Law Firm

At The Henry Law Firm, we understand the immense challenges of suffering an injury on a construction site. The physical pain, emotional stress, and financial strain can be overwhelming, and navigating the legal process on your own can add to the burden. That’s why we are committed to providing comprehensive legal support to help you secure the compensation you deserve. Here’s how we handle construction site accident cases from start to finish:

1. Free Initial Consultation

Your journey with us begins with a free, no-obligation consultation. During this initial meeting, we’ll listen to your account of the accident, assess the details of your case, and provide an honest evaluation of your legal options. This is also an opportunity to ask questions and learn more about how we can assist you. We aim to help you understand the legal process and make informed decisions about your next steps.

2. Comprehensive Investigation

A thorough investigation is crucial to building a strong case. Our legal team will:

  • Gather Evidence: We’ll collect all relevant evidence, including accident reports, photographs, video footage, and any other documentation that can help establish the cause of the accident and identify liable parties.
  • Interview Witnesses: We’ll speak with coworkers, supervisors, and other witnesses who can provide valuable testimony about the events leading up to the accident and the conditions on the construction site.
  • Work with Experts: In many cases, we’ll collaborate with industry experts, such as safety consultants, engineers, and medical professionals, to analyze the evidence and provide expert opinions that strengthen your case.
  • Review OSHA Violations: We’ll examine whether any Occupational Safety and Health Administration (OSHA) regulations were violated, which can serve as powerful evidence of negligence or wrongdoing by your employer or third parties.

3. Building a Strong Case

Once we have gathered all the necessary evidence, we’ll develop a tailored legal strategy to maximize your compensation. This involves:

  • Identifying Liable Parties: We’ll determine all parties responsible for your injuries, including employers, contractors, subcontractors, equipment manufacturers, and property owners.
  • Assessing Damages: We’ll carefully calculate the full extent of your damages, including medical expenses, lost wages, future earning capacity, pain and suffering, and any other losses you’ve incurred due to the accident.
  • Preparing for Negotiation or Trial: Whether your case is resolved through negotiation or goes to trial, we’ll ensure that you are fully prepared and that your case is presented in the strongest possible light.

4. Negotiating with Insurance Companies

Insurance companies often try to minimize payouts by offering low settlements or disputing the severity of your injuries. We are skilled negotiators handling all communications with the insurance companies on your behalf. We aim to secure a fair settlement that fully compensates you for your injuries and losses. We won’t accept less than you deserve and will fight tirelessly to protect your rights.

5. Litigation and Trial Representation

While many construction site accident cases are settled out of court, we are fully prepared to take your case to trial if necessary. Our trial lawyers will:

  • Present Your Case: We’ll present a compelling case to the judge and jury, using evidence, expert testimony, and legal arguments to demonstrate liability and the full extent of your damages.
  • Advocate for Maximum Compensation: We’ll seek the highest possible compensation for your injuries, including economic and non-economic damages and punitive damages in cases of gross negligence or willful misconduct.
  • Support You Throughout the Process: We’ll be by your side every step, providing guidance, answering your questions, and ensuring that you understand each stage of the legal process.

6. Providing Ongoing Support and Communication

At The Henry Law Firm, clear communication and ongoing support are key to a successful attorney-client relationship. We’ll inform you of any developments in your case and provide regular updates. You can trust that we’ll be available to address any concerns and offer advice whenever needed. We aim to make the legal process as smooth and stress-free as possible.

Compensation You Can Recover in a Construction Site Accident Case

A construction site accident can leave you facing significant physical, emotional, and financial challenges. If you’ve been injured, securing fair compensation is essential to help you cover medical expenses, lost income, and the long-term impacts of your injuries. At The Henry Law Firm, we are dedicated to helping you recover the full range of compensation you deserve. Here’s an overview of the types of compensation you may be entitled to in a construction site accident case:

1. Medical Expenses

Injuries sustained in construction site accidents often require extensive medical treatment. You may be entitled to compensation for:

  • Emergency Care: Costs associated with ambulance services, emergency room visits, and immediate medical treatment following the accident.
  • Hospitalization: Expenses for surgeries, inpatient care, and any other necessary hospital services.
  • Ongoing Medical Treatment: Compensation for follow-up visits, specialist consultations, physical therapy, and rehabilitation.
  • Medications and Medical Equipment: The costs for prescription medications, medical devices, and equipment needed for recovery, such as crutches or wheelchairs.
  • Future Medical Expenses: If your injuries require long-term or ongoing medical care, you may be entitled to compensation for anticipated future medical costs.

2. Lost Wages and Loss of Earning Capacity

A construction site injury can result in time away from work, leading to lost income. You may be entitled to compensation for:

  • Lost Wages: Reimbursement for the income you’ve lost during your recovery period, including any missed bonuses or overtime.
  • Loss of Earning Capacity: If your injury affects your ability to return to work at the same capacity or perform your previous job, you may be entitled to compensation for the difference in your earning potential. This can include retraining or vocational rehabilitation costs if you must pursue a new career due to injury.

3. Pain and Suffering

Construction site accidents can cause significant physical pain and emotional distress. Compensation for pain and suffering is intended to address the non-economic impacts of your injury, including:

  • Physical Pain: Compensation for the physical discomfort and limitations caused by your injuries.
  • Emotional Distress: Compensation for the psychological impact of the accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
  • Loss of Enjoyment of Life: Compensation for losing the ability to participate in activities and hobbies you once enjoyed.

4. Disability and Disfigurement

If your injury results in a permanent disability or disfigurement, you may be entitled to additional compensation. This can include:

  • Permanent Disability: Compensation for the long-term impact of your injury on your ability to work, perform daily activities, and maintain your quality of life.
  • Disfigurement: Compensation for visible scarring, disfigurement, or other permanent changes to your appearance that affect your self-esteem or social interactions.

5. Rehabilitation and Therapy Costs

Recovery from a construction site injury may require ongoing rehabilitation and therapy. You may be entitled to compensation for:

  • Physical Therapy: Costs for therapy sessions to regain mobility, strength, and function.
  • Occupational Therapy: Compensation for therapy aimed at helping you return to work or perform daily activities.
  • Psychological Counseling: Compensation for counseling or therapy to address your injury’s emotional and psychological effects.

6. Punitive Damages

In cases where the at-fault party’s conduct was particularly reckless, egregious, or intentional, you may be entitled to punitive damages. Unlike compensatory damages, which are designed to cover your losses, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. These damages are typically awarded in cases where the responsible party showed a blatant disregard for safety or engaged in willful misconduct.

7. Wrongful Death Damages

If a construction site accident results in the death of a loved one, surviving family members may be entitled to wrongful death damages. These can include:

  • Funeral and Burial Expenses: Costs associated with resting your loved one.
  • Loss of Financial Support: Compensation for the income and financial contributions your loved one would have provided to the family.
  • Loss of Companionship: Compensation for the emotional loss suffered by family members due to the death of their loved one.

8. Legal Fees and Costs

You may also be entitled to recover the costs of pursuing your legal claim, including attorney’s fees, court costs, and other related expenses. At The Henry Law Firm, we work on a contingency fee basis, meaning you don’t pay any legal fees unless we successfully recover compensation on your behalf.

Pursuing full compensation after a construction site accident is crucial to ensuring you have the financial resources to cover your medical expenses, lost income, and the impact on your quality of life. At The Henry Law Firm, we are committed to fighting for the maximum compensation you deserve.

Frequently Asked Questions (FAQs)

A blue paper ripped to reveal 'FAQ' beneath

Navigating the aftermath of a construction site accident can be overwhelming, especially when dealing with injuries, medical bills, and the complexities of the legal process. At The Henry Law Firm, we understand your challenges and are here to provide the information and support you need. Below are some frequently asked questions we receive from clients involved in construction site accidents in Cleveland, OH:

1. What Should I Do If My Workers’ Compensation Claim Is Denied?

You can appeal the decision if your workers’ compensation claim is denied. The first step is to review the denial letter carefully to understand the reason for the denial. Common reasons include missing documentation, disputes over whether the injury is work-related, or questions about the severity of the injury. You can request a hearing before the Ohio Industrial Commission to challenge the denial. It’s important to gather additional evidence, such as medical records or witness statements, to support your case. Consulting with a construction accident lawyer can significantly improve your chances of a successful appeal.

2. Can I Sue My Employer for a Construction Site Injury?

In most cases, Ohio’s workers’ compensation system prevents employees from suing their employers directly for workplace injuries. Workers’ compensation is a no-fault system, meaning you can receive benefits without proving that your employer was negligent. However, there are exceptions to this rule. If your employer intentionally caused your injury or engaged in egregious misconduct, you may be able to file a lawsuit against them. Additionally, if a third party (someone other than your employer) contributed to your injury, you may be able to pursue a third-party claim for additional compensation.

3. How Long Do I Have to File a Construction Site Accident Claim in Ohio?

The statute of limitations for filing a personal injury claim in Ohio is generally two years from the accident date. You have two years to file a lawsuit against the responsible parties. If you’re filing a workers’ compensation claim, you must report your injury to your employer as soon as possible and file your claim within one year of the injury. Acting quickly is essential, as missing these deadlines can result in losing your right to seek compensation.

4. What If I Was Partially at Fault for the Accident?

Ohio follows a modified comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the accident as long as your share of the fault is less than 51%. However, your compensation will be reduced by the percentage of your fault. For example, if you were found to be 20% at fault for the accident, your compensation would be reduced by 20%. If you are found to be 51% or more at fault, you may be barred from recovering any compensation. A skilled lawyer can help minimize your percentage of fault and maximize your recovery.

5. How Much Does It Cost to Hire a Construction Accident Lawyer?

At The Henry Law Firm, we work on a contingency fee basis, which means you don’t pay any upfront legal fees. Our fees are only collected if we successfully recover compensation for you. This arrangement allows you to access high-quality legal representation without worrying about the financial burden. During your free consultation, we will explain our fee structure in detail so you know exactly what to expect.

6. What Are the Benefits of Pursuing a Third-Party Claim?

Pursuing a third-party claim allows you to seek additional compensation beyond what is available through workers’ compensation. Workers’ compensation benefits are limited and typically cover only medical expenses and a portion of lost wages. A third-party claim, on the other hand, can provide compensation for pain and suffering, full wage loss, loss of future earning capacity, and other damages not covered by workers’ compensation. This can be especially important in cases involving severe injuries with long-term or permanent consequences.

7. How Long Will It Take to Resolve My Case?

The timeline for resolving a construction site accident case can vary depending on the complexity, the extent of your injuries, and whether the case is settled out of court or goes to trial. Some cases can be resolved in months, while others may take a year or longer. Your lawyer will work diligently to resolve your case as efficiently as possible while ensuring you receive the full compensation you deserve. Throughout the process, we will inform you of any developments and guide you on the best course of action.

Why Choose The Henry Law Firm for Your Construction Site Accident Case?

When dealing with the aftermath of a construction site accident, choosing the correct legal representation can make all the difference in securing the compensation you need and deserve. The Henry Law Firm is committed to providing our clients with the highest legal advocacy and support. Here’s why you should choose us to handle your construction site accident case:

1. Proven Track Record of Success

We have a proven track record of securing substantial client settlements and verdicts. Our results show our commitment to achieving the best possible outcome in every case we handle. Whether through negotiation or litigation, we fight tirelessly to ensure our clients receive the compensation they deserve for their injuries, medical expenses, lost wages, pain and suffering, and other damages.

2. Personalized, Client-Centered Approach

At The Henry Law Firm, we understand that every client’s situation is unique. That’s why we take a personalized, client-centered approach to every case. We take the time to listen to your story, understand your needs, and develop a legal strategy tailored to your specific circumstances. You are not just another case to us—you are a valued client, and we are committed to providing the attention, care, and dedication you deserve.

3. Aggressive Advocacy

Insurance companies and responsible parties often try to minimize their liability by offering low settlements or disputing the severity of your injuries. We are aggressive advocates who will not accept less than what you deserve. Our skilled negotiators will fight to secure a fair settlement, and if a reasonable agreement cannot be reached, we are fully prepared to take your case to trial. Our trial lawyers are dedicated to presenting a compelling case in court and achieving your best possible outcome.

4. Comprehensive Legal Support

Handling a construction site accident case involves more than just filing a claim—it requires a comprehensive approach that includes investigating the accident, gathering evidence, working with experts, and addressing any challenges. We provide full-service legal support, handling every aspect of your case from start to finish. You can trust that we will manage all the details, allowing you to focus on your recovery.

5. No Upfront Costs – We Work on a Contingency Fee Basis

Financial concerns should never prevent you from accessing the legal representation you need. That’s why we work on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. Our fees are a percentage of the compensation we recover for you, so our success is directly tied to yours. This arrangement allows you to pursue justice without worrying about upfront legal costs.

6. Commitment to Clear Communication and Ongoing Support

We know how stressful and confusing the legal process can be, especially when you’re dealing with serious injuries. That’s why we prioritize clear and open communication with our clients. We keep you informed at every stage of your case, provide regular updates, and are always available to answer your questions. We aim to provide the support you need to feel confident and informed throughout the process.

7. Dedication to Protecting Your Rights

At The Henry Law Firm, we are passionate about protecting the rights of injured workers. Everyone deserves a safe work environment, and those responsible should be held accountable when accidents happen. We are dedicated to fighting for justice and ensuring you receive the full compensation you deserve.

Call The Henry Law Firm Today

At The Henry Law Firm, we understand the profound impact a construction site accident can have on your life. The physical pain, emotional distress, and financial burdens that follow such an incident can be overwhelming. Navigating the complexities of a legal claim while trying to recover from your injuries can feel daunting, but you don’t have to face it alone. We are here to help you every step of the way.

With The Henry Law Firm by your side, you can confidently move forward, knowing you have a legal team fighting for you. Call us today and take the first step toward securing the justice and compensation you deserve.