Silver Spring Construction Accident Lawyer- Client Reviews
It can be very hard to bounce back from a construction accident injury, especially if you do not pursue a workers’ compensation or personal injury claim to recover compensation.
At the law offices of Goldberg Finnegan, our attorneys know how these injuries affect victims and their families. We are here to help you seek compensation.
Our firm has secured tens of millions in compensation on behalf of injury victims in Maryland. Partner Kevin Finnegan has been included in Maryland Super Lawyers 13 times. Just five percent of attorneys in each region make the cut every year. Finnegan was also selected among the top five percent of practicing attorneys by Law and Politics.
We can review your claim in a no-cost, no-obligation consultation. If you choose to hire us, our firm does not charge any fees up front or while we work on your claim and you do not owe us anything unless we successfully recover compensation on your behalf.
No fees. No risks. Call today: (888) 213-8140
Do I Have a Case?
Many construction accidents are covered by Maryland’s workers’ compensation system. In these situations, you should be able to obtain benefits if you were injured in an accident arising out of and in the course of employment. You do not need to prove the injury resulted from your employer’s or another’s negligence.
However, it may also be possible to file a personal injury claim. In these situations, your attorney must establish your injury was a result of negligence and would not have happened otherwise.
Either way, there are various factors your Silver Spring construction accident lawyer may need to review to determine if you may have a valid case:
- Name of the company where the accident occurred
- Contact information of the site supervisor or foreman
- Date and location of the accident
- Type of equipment being used when the accident occurred
- Equipment malfunctions
- Safety conditions at the accident site
- Penalties incurred by the company overseeing the construction site for safety violations
Call today to schedule a free consultation: (888) 213-8140
What Is a Construction Accident Case Worth?
While every case is different, the value of a construction accident claim is based on the damages you incurred from the accident, which may include:
- Lost wages
- Medical expenses
- Pain and suffering
- Wrongful death
- Loss of consortium
- Loss of future earning capacity
Worker’s Compensation Benefits
Worker’s compensation is a no-fault insurance program that was established by state law and most employers in the state must carry it.
Workers’ compensation covers medical expenses and provides disability benefits for workers who cannot work in the same capacity as before the injury. However, there are limits on disability payments, both on the amount and duration of these payments.
Personal Injury Damages
Generally, there are two reasons why you may be able to file a personal injury claim over a construction injury. If you were not working at the construction site where the injury occurred, you may have a claim against the owner of the site. For example, maybe you were walking or driving by a construction site when you were injured.
The second most common reason for filing a personal injury claim is third-party liability for your injury. Someone besides your employer acted negligently and may be liable for a portion of your damages.
One of the advantages of a personal injury claim compared to a workers’ compensation claim is there are more damages you may be eligible to pursue. There is no cap on the amount of compensation you can seek for medical bills, lost wages, or loss of earning capacity.
You may also be able to pursue compensation for pain and suffering and non-economic damages. However, there is a cap on these damages that increases annually.
Wrongful Death Damages
When a person dies because of injuries he or she sustained in a construction accident, family members of the victim may be able to file a wrongful death claim to recover compensation for damages such as funeral and burial expenses, loss of financial support, loss of consortium, and more.
How Can a Lawyer Help Me?
Aside from knowing the laws that regulate construction sites, how denied worker’s compensation claims may be appealed and getting the necessary paperwork filed before deadlines pass, an attorney can answer your questions, negotiate for a favorable settlement, and prepare your case for trial.
There are many other benefits to hiring legal representation, which you can discuss in a free consultation with a Silver Spring construction accident lawyer from Goldberg Finnegan. Our attorneys have a proven track record of success recovering millions on behalf of our clients and are prepared to apply their knowledge and experience to your claim, as we work to maximize your compensation.
Injury victims who hire a lawyer to represent them usually receive more compensation compared to those who go through the claims process alone.
Is There a Time Limit to File a Claim?
The deadline for a Maryland workers’ compensation claim is 60 days from the date of the injury, but sometimes claims may be filed up to two years from the date of the injury. You must provide notice of the injury to your employer within 10 days, otherwise, your claim may be barred.
The statute of limitations for filing a personal injury claim or wrongful death claim is three years from the date the injury happens. If you miss the deadline your claim is likely to be dismissed in court.
Our licensed attorneys are standing by to review your claim and start building a case. The clock is ticking, so give us a call today.
Goldberg Finnegan. We are here to help: (888) 213-8140
Who May be Liable for my Damages?
While most construction site accident cases are resolved through worker’s compensation claims, there are times when negligence may have also played a part in the victim’s injuries. In these situations, you may be eligible to file a personal injury claim.
In these cases, your lawyer must establish liability for your injuries. There are various entities that may bear fault for what happened:
- Site owners – If a construction site contained hazards that made it unreasonably safe, the owner of the site may bear liability for your injuries. Our Silver Spring construction accident lawyers may review state and federal laws to determine if the site was in violation of those laws.
- Architects – The design of the building/structure may be flawed, and it is possible the architect or company that designed it may bear liability for your injuries.
- Equipment manufacturers or suppliers – Construction sites are generally filled with heavy machinery that could malfunction and cause serious injuries for users. Companies that make or sell these defective pieces of equipment could be held liable for damages.
- Contractors or sub-contractors – Sometimes workers are contracted by a third-party company to work on a construction project. If these contractors fail to properly train workers or supervise them, they could be liable for damages.
How Construction Sites Are Regulated in Maryland
There are both federal and state laws regulating construction sites in Maryland. At the federal level, the Occupational Safety and Health Administration (OSHA) has a variety of regulations for protecting on-site workers. Employers are required to take numerous steps to help keep workers safe. This includes everything from providing protective equipment to proper training.
In partnership with OSHA, the Maryland Occupational Safety and Health Administration (MOSHA) also regulates construction sites in the state. MOSHA is also ready to take anonymous reports of imminent danger or workplace fatalities.
Companies found to be in violation of federal or state laws could face significant fines or other penalties. They may also be liable for damages suffered by injured workers.
Reporting a Construction Site Injury
Make sure to report your injury to your employer right away. While you have up to 10 days to do so, waiting may make your employer or its workers’ compensation insurer suspicious. They may allege you were injured outside of work.
Even if you were at fault for the injury, you may still be eligible for workers’ compensation benefits. Workers’ compensation is a no-fault system. That means the main issue is whether you were engaged in work-related activity.
If you are able, take pictures of the scene and the hazard that led to your injury. It may be difficult to get pictures of the scene once you leave, as things may get cleaned up. You may also want to write down who witnessed the accident.
Can I go to the Doctor of My Choice?
Yes, you can choose the doctor who treats you. Do not let the insurance company or your employer pressure you into seeing a doctor they choose.
However, it is important to note the doctor must accept payment in accordance with the Maryland Workers’ Compensation fee schedule. Some doctors may want preapproval from the insurance company, even though this is not required by law.
These are issues you may want to work out before an injury occurs. The last thing you want to be dealing with after an injury is getting approval from an insurance company before you can see the doctor you want to see.
What if Your Employer Denies Your Claim?
Our Silver Spring construction accident lawyers are prepared to appeal the denial of your workers’ compensation claim. There are three steps involved in the appeal process. First, you request a hearing, next you request a rehearing, and third, you file an appeal in circuit court.
This is a complex process, and you may greatly benefit from working with a licensed attorney who can collect relevant evidence and argue your case at hearings.
If your claim was denied, give us a call today to discuss filing an appeal. Our goal is to secure compensation to help you move forward after an injury.
Types of Construction Site Accidents and Injuries
While a variety of accidents could happen at construction sites, there are some kinds of accidents that are more common than others. This includes accidents involving:
- Falls, including falls from scaffolding, roofs and ladders
- Trenches collapsing
- Getting caught between objects that cannot be easily moved, such as falling debris
- Fires, often caused by flammable chemicals or wiring
- Slip and fall accidents
- Motor vehicle crashes, including crashes involving construction vehicles
- Falling debris, especially debris falling from great heights
These types of accidents may result in significant and/or fatal injuries. Some of these injuries may include:
- Internal organ damage
- Loss of limb
- Bone fractures
- Spinal cord injuries
- Traumatic Brain Injuries
- And more
While construction workers are usually the most common injury victims at these sites, there are instances when visitors or passersby may be hurt by falling debris or equipment. They may also be able to seek compensation.
Call a Silver Spring Construction Accident Lawyer Today
At the law offices of Goldberg Finnegan, we strive to put our clients’ interests at the forefront of every claim and work hard to take on powerful insurance companies on their behalf.
Our attorneys work on contingency, meaning we do not charge you any upfront or hourly fees and you do not owe us anything unless we win your case.
Our office in Silver Spring is just a short drive from Holy Cross Hospital.
Call us today for a free consultation: (888) 213-8140