Do I Need a Lawyer for a Construction Accident?

When injured on a construction site, it can be hard to tell where to turn for help. Talking to an experienced construction accident lawyer will help you understand your rights and options, enabling you to make the best decision for you and those you love.

Construction Accident Statistics

According to the U.S. Bureau of Labor Statistics, the construction industry accounted for 1,075 fatalities in 2023, the second highest number of fatalities for any industry that year. This is consistent with previous years, with issues such as falls, slips and trips, being struck by objects, electrocutions, and caught-in/between injuries seeing the highest number of fatalities. While titled the Fatal Four by the Occupational Safety and Health Administration, these and other construction accidents lead to thousands of non-fatal injuries every year as well.

In 2023, there were 169,600 non-fatal construction accident injuries in the United States. Similar to fatal construction accident statistics, these numbers are consistent with previous years. Many injured construction workers will face extensive medical bills, an inability to work, and a diminished ability to earn a living after recovery. All of these factors need to be considered when deciding how best to pursue compensation.

Contact a Providence Construction Accident Lawyer Today

If you have been injured on a construction site or have lost a loved one in a workplace accident, Mandell, Boisclair & Mandell is here to listen, provide straightforward advice, and help you understand your options. Call us at 401-273-8330 to schedule a FREE consultation with one of our Providence construction accident lawyers today.

Construction Accidents and Workers’ Compensation

Injured construction workers in Rhode Island always have the option of filing a workers’ compensation claim. This is a type of “no-fault” insurance that all employers with one or more employees are required to carry. It provides limited benefits to employees who are injured or develop a work-related illness without the need to prove liability.

Workers’ compensation covers the cost of the medical treatments necessary for your recovery. It will provide reimbursement for miles traveled to and from medical appointments as well. Workers’ comp also provides wage reimbursement, though it isn’t complete. Under workers’ compensation, you will receive around 62% of your average weekly wages until you are able to return to work.

Workers’ compensation can be extremely valuable for injured construction workers, but there are some limitations:

• You cannot receive compensation for pain and suffering
• Your compensation may fail to account for all of your damages

It is also important to remember that, with workers’ compensation, decisions about your health and ability to return to work will be made by a doctor selected by your employer. This not only limits your ability to seek different types of treatment, it takes away your right to choose for yourself when, or if, you feel ready to resume working.

You cannot usually sue your employer for a workplace injury in Rhode Island. This means that a majority of construction site accident injuries fall under workers’ comp. However, some exceptions may allow for additional avenues of recovery. When you work with a construction accident lawyer, they will assess your claim before you file, working to ensure you do not accidentally waive your rights or accept less than you are due.

Construction Accidents and Third-Party Liability

Some construction accidents can be tied to the negligence or irresponsible behavior of someone who is not your employer. In these cases, you may be entitled to seek compensation through a personal injury lawsuit. Third parties who can be held liable may include:

• Subcontractors or workers from a different company
• Property owners who fail to maintain safe premises
• Tool and machinery equipment manufacturers
• Engineers and architects

When a third party is partially or wholly responsible for your construction site injury, filing a personal injury lawsuit allows you to pursue compensation for a broader range of damages. It also allows you to make the decisions about your healthcare and recovery you feel are best.

Personal Injury Lawsuit vs. Workers’ Comp in Rhode Island

First and foremost, you can file both a workers’ comp claim and a personal injury lawsuit in some cases. When discussing your options with a Providence construction accident lawyer, be sure to look into this option.

Differences between personal injury lawsuits and workers’ compensation include:

• Fault Requirements. Workers’ comp is a no-fault insurance, meaning you don’t have to prove negligence. A personal injury lawsuit requires evidence of negligence or wrongdoing by the defendant.
• Damages Available. Workers’ compensation only covers medical bills and lost wages. A lawsuit can offer more substantial compensation, potentially covering things like pain and suffering, emotional distress, and projected future wages.
• Legal Process. The Rhode Island Department of Labor and Training processes workers’ compensation claims. Attorneys, insurance companies, and, when necessary, a judge and/or jury handle personal injury lawsuits.

Workers’ compensation claims are usually much faster to process than personal injury claims. Injured workers typically get money quickly when they file a workers’ comp claim. In many cases, it makes sense to file a no-fault claim right away, giving you a source of income while you consider your options.

At Mandell, Boisclair & Mandell, our lawyers have spent decades helping injured workers get fair and full compensation. We encourage you to reach out as soon as possible for a cost- and obligation-free case review where we can assess your claim and help you understand your options.

Why Choose Our Providence Construction Accident Lawyers?

Mandell, Boisclair & Mandell is a nationally recognized law firm staffed by award-winning attorneys who care deeply about each client we serve. Our lawyers remain personally invested, providing individual attention and ceaseless support as we guide you through the compensation process, making sure you are never left to fend for yourself.

With decades of experience in construction accident claims, we have the knowledge and background necessary to properly compare workers’ comp and legal action, helping you decide how best to proceed. Our attentive approach and thoughtful representation have helped us secure a number of multi-million dollar verdicts and settlements for our clients. We welcome the opportunity to meet with you, discuss your options, and help you choose how to proceed.

Contact Our Providence Construction Injury Attorneys for FREE

Have you been injured in a construction accident? Contact Mandell, Boisclair & Mandell online or call us today to schedule your free and confidential case evaluation with one of our Providence construction accident lawyers. Located in Providence, we serve clients throughout Rhode Island and nearby areas of Massachusetts.