As Arlington converts unused office space into housing, improves outdated infrastructure, and continues building new homes to keep up with rising demand, the risk of construction injuries increases. Whether workers are building new homes, converting old spaces, or performing public projects or road construction, they face significant injury risks.
When a construction worker is injured, they typically must follow specific legal processes to pursue a claim, and unfortunately, they may not always be able to get full compensation for pain and suffering depending on whether any third parties were to blame. Because corporate insurers fight aggressively to minimize payouts, consulting an experienced Arlington personal injury lawyer is critical.
Monge & Associates can help injured construction workers navigate the workers’ compensation system or identify defendants to pursue a personal injury claim against. To learn more about how we can help you, call or contact us online today to schedule your free consultation with an Arlington construction accident lawyer.
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Injured In A Construction Accident? Monge & Associates Can Help
Injured on an Arlington construction site? Navigate Virginia workers’ comp and third-party injury claims with Monge & Associates. Free consultation.
Why Choose Monge & Associates
Monge & Associates is the firm to turn to when you or someone you love was hurt on a construction site. You should trust our team because:
- We’ve been representing injured workers since 1993: We are very familiar with Arlington’s personal injury and workers’ compensation laws, and we understand how to help you navigate multiple legal processes simultaneously.
- We’ve recovered over $1 billion: We fight to get clients the maximum compensation possible through pursuing personal injury and workers’ compensation claims. Our focus is on identifying all sources of recovery, building strong cases, and helping you prove liability and show the extent of your damages. Our track record of success has demonstrated that we can build compelling, trial-ready claims and help our clients get justice.
- We have the resources to investigate your accident: With help from accident reconstruction specialists, vocational experts, and other professionals, we can identify what went wrong on construction sites and how badly you were harmed.
- Our client-focused team is here for you: We’ll be there throughout your claim to guide you in pursuing justice, to answer your questions, and to ensure you feel supported as we handle all of the essential legal and administrative tasks.
Whether you pursue a workers’ comp claim or a personal injury claim, our team can help you.
Common Causes of Construction Accidents in Arlington
Construction is one of the most dangerous industries in the U.S., and certain types of accidents are especially common. Some of the main reasons construction workers get hurt include:
- Falls from heights due to inadequate safety measures.
- Electrocutions from exposed wiring or faulty equipment.
- Being struck by falling objects or machinery.
- Getting caught-in or between objects or heavy equipment.
- Scaffold and ladder collapses.
- Crane and forklift accidents.
- Exposure to hazardous materials and toxic substances.
- Trench collapses and structural failures.
You do not need to prove your employer’s negligence caused your accident to make a workers’ comp claim, but you would need to prove a third party was the cause if you want to pursue a personal injury case.
Types of Injuries Sustained in Construction Accidents
Construction accidents often cause serious or even fatal injuries because construction sites are dangerous working environments. Some of the most common types of injuries suffered in construction accidents include:
- Traumatic brain injuries (TBI) and concussions.
- Spinal cord injuries leading to paralysis.
- Broken bones and fractures.
- Severe burns and electrocution injuries.
- Amputations and crush injuries.
- Respiratory issues from inhaling toxic fumes.
- Psychological trauma, including PTSD.
Many of these injuries are life-changing or impair your ability to work on an ongoing basis. The more seriously you were harmed, the more important it is to put together a compelling claim to fight for full compensation.
Legal Rights and Options for Injured Construction Workers
If you are hurt in a construction accident, you may have multiple different avenues to pursue to get compensation. This can include:
- Making a workers’ compensation claim: You do not need to prove negligence to pursue a workers’ comp claim. Your employer’s insurer should cover medical bills, partial lost wages, and temporary or permanent disability benefits if your injuries happened at work, regardless of who was at fault.
- Making a personal injury claim: Generally, you cannot sue your employer for a work injury, but you can sue third parties such as subcontractors or equipment manufacturers or others who caused you harm. You do have to prove negligence for third-party claims but can recover broader compensation, including for pain and suffering.
In many circumstances, a personal injury claim can be filed when a third party is at fault. Monge & Associates will work carefully with you to identify defendants who could be liable so you can maximize your recovery.
You also must make sure you follow all deadlines for personal injury and workers’ compensation claims, including providing proper notice of an injury to your employer, in order to protect your claim.
Steps to Take Following a Construction Accident
In the immediate aftermath of a construction accident, you want to take steps to protect your health and preserve your claim. Some of the different things you should do right away include the following:
- Seek immediate medical attention.
- Report the incident to your employer and ensure it’s documented.
- Gather evidence including photographs, witness statements, and details about the equipment involved.
- Avoid giving statements to insurance adjusters without legal counsel.
- Consult with a qualified construction accident attorney.
By taking these steps, you can ensure you don’t miss deadlines for workers’compensation or injury claims and that you’re able to prove the extent of your damages so you can maximize your chances of recovering compensation for all losses.
How Monge & Associates Can Assist You
Monge & Associates provides invaluable support and assistance throughout your case. Our experience handling construction accident cases in Arlington ensures that we know how to gather evidence, build a trial-ready claim, and negotiate effectively with insurers. Most insurers know our team and are aware we don’t back down, so they’re more likely to make a fair settlement offer.
Our firm also prides itself on taking a client-first approach, with a personalized legal strategy designed for you and a commitment to supporting you from investigation to litigation. You won’t pay any fees either, as we work on a contingency fee basis and you pay only if we recover compensation.
Compensation Available for Construction Accident Victims
Your compensation depends on whether you make a personal injury or workers’ compensation claim. Some of the different kinds of compensation you may be entitled to if you pursue a personal injury claim include the following:
- Medical expenses and rehabilitation costs.
- Lost wages and loss of earning capacity.
- Pain and suffering.
- Permanent disability and disfigurement.
- Wrongful death benefits for families of deceased workers.
If you pursue a workers’ comp claim, you may be paid for medical bills, partial lost wages, and temporary or permanent partial or total disability.
Frequently Asked Questions
Still need to know more? Here are the answers to some frequently asked questions about construction accidents:
Can I sue my employer for a construction accident?
Generally, you cannot sue an employer for a construction accident. You will be limited to pursuing a workers’ compensation claim. However, you may be able to sue a third party who shares liability for the accident.
What if I was partially at fault for the accident?
If you were partially at fault for your accident, this may not affect your workers’ compensation claim, as negligence is not an issue unless you were in clear violation of workplace safety rules and regulations such as coming to work drunk.
If you were partly at fault and want to pursue a personal injury claim, your case may be affected. That’s because Virginia has a contributory negligence rule that bars victims from recovering damages if they were partly at fault. Your attorney can help you determine if the court is likely to see you as at fault.
How long do I have to report a construction injury to my employer in Virginia?
Under the Virginia Workers’ Compensation Act (Va. Code § 65.2-600), you must give written notice of your accident to your employer within exactly 30 days. Failing to report the injury within this window can completely bar you from receiving workers’ compensation benefits.
Can I sue my employer for a construction site injury in Arlington?
Generally, no. Virginia law enforces the “exclusive remedy” doctrine, meaning workers’ compensation is your sole remedy against your direct employer. However, you can file a personal injury lawsuit against negligent third parties, such as a scaffolding manufacturer or an independent subcontractor.
What damages can I recover in a third-party construction lawsuit?
Unlike workers’ compensation, which only covers medical bills and partial lost wages, a successful third-party personal injury lawsuit allows you to recover 100% of your lost earning capacity, as well as non-economic damages like physical pain and suffering, emotional distress, and loss of quality of life.
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Contact Monge & Associates Today
A severe construction accident can instantly end your career and leave your family facing a mountain of medical debt. You do not have to fight massive construction conglomerates and their insurance companies on your own. At Monge & Associates, our experienced Arlington construction accident lawyers have the resources to investigate OSHA violations, identify negligent third parties, and aggressively pursue the maximum compensation available under Virginia law.
Monge & Associates is here and ready to help you after a work accident. You should act quickly, as you have limited time to provide notice of the injury and file a workers’ compensation claim or lawsuit. Our team will help from day one, and we don’t charge legal fees unless we win.
Call today to schedule a free consultation with an Arlington construction accident lawyer to learn more about how we can help.