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Construction Accidents are Serious

If you have been injured at a jobsite or construction site, you may have a claim to recover compensation for your injuries. A dedicated injury attorney from The Jackman Law Firm has the expertise to effectively represent you with the insurance company for the construction company in arbitration and, if necessary, in court to secure your rights for compensation and relief.

After your injury, you are understandably upset and likely unsure of your options and which way to with your case. You are likely receiving a lot of phone calls from insurance companies, you’re going to the doctor or the chiropractor, and you may be missing work. Fortunately, a Tacoma construction accident lawyer could help you get money for your medical bills, lost wages, and pain and suffering.

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The Basics of Construction Accident Claims

If you are hurt on the job, then you should make a claim with your state. In some states this is called Worker’s Compensation or Labor and Industries. This particular state government agency will pay for your medical bills and a portion of your lost wages regardless of whether you or your employer was responsible for your accident.

In the event that you are working on another company’s property and another company—in other words, a company different from your employer—caused your injuries, then you have both a worker’s claim with the state and a what is called a third-party claim. A third-party claim allows you to bring a lawsuit for your medical bills, lost wages, and pain and suffering, in addition to your state claim.

While most states require employers subscribe to their state’s worker’s compensation system, in Texas an employer can opt out and not pay into it. If the employer chooses to do this in Texas, then the injured worker can sue their employer. In most other states, however, an employee cannot sue their employer for injuries they received on the job, even if the accident was entirely their employer’s fault.

All of this can get convoluted, but one of our knowledgeable attorneys in Tacoma could help a construction accident plaintiff pinpoint which legal road is best for their case. Contact us today to get started.

Common Risks on Construction Sites

Industrial Machinery & Equipment

  • Machines that cause electrical shocks
  • Falling objects, walls, and materials
  • Dangerous forklifts
  • Defective cranes

Hazardous Substances

  • Explosions
  • Chemical spills
  • Exposure to toxic substances

Dangerous Falls From

  • A roof
  • Scaffolding
  • Ladders
  • Industrial machinery

Learn More About Settling Your Construction Accident Case

You can certainly challenge the taking, but understand this is normally an uphill battle you will likely lose. Since eminent domain is widely accepted, it’s hard to win unless you can show that the government is not taking your property for a legitimate public use. If you refuse, the government will file an action in court and you will have to appear in court, if asked, and file the appropriate legal documents in opposition to those filed by the government. If you lose, and the judge allows the taking to go forward, then a new trial will be started that allows each to make the case for the land’s value.

Every lawyer is different, but The Jackman Law Firm charges a third of whatever money you recover from the government, provided that amount is greater than the original offer you received. We only get paid, in other words, unless you both win and your award is greater than what you would have received without help.

This is a procedure to attempt to settle your case. The special commissioner is made up of three landowners who have no interest or relationship to you or your case. A judge selects them. The commissioners will hear you and your attorney make your case for the value of your land, as well as the government’s side, and from there they will decide the value of your land.

You don’t have to accept the offer from the government. You can fight for more money, but be aware you are going to need certain experts to validate your position, including surveyors, appraisers, and real estate brokers. These experts can persuade the judge or jury the true value of your land.

Every case is unique and different. It can take anywhere from a few months to a few years. In general, cases where the government is involved take a long time, typically a year or so. If a private company is involved, the process will usually be much faster.

You have three years from the date of the accident.

Statistically, it is not likely since most cases settle out of court, but the best way to settle the case is to prepare as though you are going to trial.

It is important to understand whether your doctor can clearly separate which accident caused your injuries. The Jackman Law Firm can assist you in this.