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Legal advocates Construction jobs are among the most dangerous in the United States. Nearly every day, hard-working construction workers are seriously hurt or even killed. At Paulson Coletti Trial Attorneys PC, we understand how devastating a construction site injury can be. Injured workers are left recovering from severe injuries, unable to work for long periods of time, and facing significant financial pressure as a result.
For this reason, we work with clients who have suffered severe injuries or who have lost loved ones in preventable accidents. Our goal is to help our clients during the most difficult time in their lives. Our Portland personal injury lawyers are passionate about pursuing justice and we work hard to help our clients stand up for their rights even against the most formidable opponents — and secure the financial compensation they need to move forward.
Our track record and case results prove that we have the resources and the ability to do so effectively. Recent verdicts and settlements in construction-related cases include:
- Confidential settlement for young father killed when subcontractors created a dangerous condition at a construction site.
- Gamalski v. Winco, Inc. $7M verdict for a man who fell to his death while suspended from a helicopter fixing electrical lines.
Call or fill out a contact form today to schedule a free, no-obligation consultation.
Risks Faced by Portland Construction Workers
Occupational hazards associated with the construction industry include, but are not limited to:
- Chemical / electrical burns
- Falling heavy objects
- Crane accidents
- Machinery malfunction
- Electrocution
- Exposure to harmful chemicals such as asbestos
- Explosions / fires
- Falls from scaffolding
Numerous state and federal laws are designed to protect workers. At the national level, the Occupational Health and Safety Administration (OSHA) details safety regulations that must be observed by employers in the United States. Whether you were hurt in a machinery accident or are navigating a Portland burn injury lawsuit, our lawyers can help.
When injured by a general contractor, subcontractor or other person who is not your direct employer, Oregon’s Employer Liability Law and Safe Employment Act give you, as an injured worker, rights beyond just workers’ compensation.
Can I Make A Workers’ Compensation Claim After Being Injured on a Construction Site?
Construction sites are inherently hazardous, and injuries are unfortunately a common occurrence. If you are a construction worker in Portland who has been injured on the job, you may be wondering about your rights and the steps you can take to secure financial support during your recovery. One critical avenue to consider is a workers’ compensation claim.
Workers’ compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment. In Oregon, this system is designed to ensure that workers receive timely medical treatment and financial support without the need to prove fault or negligence on the part of their employer.
Workers’ compensation benefits are comprehensive and designed to cover various aspects of an injured worker’s needs. These benefits include:
- Medical Benefits: Coverage of all reasonable and necessary medical expenses related to your work injury.
- Disability Pay: Compensation for a portion of wages lost due to the inability to work, either temporarily or permanently.
- Vocational Rehabilitation: Assistance with job retraining or skill enhancement if you are unable to return to your previous job due to your injury.
- Death Benefits: In the unfortunate event of a fatal workplace injury, the deceased worker’s dependents may receive compensation.
To qualify for workers’ compensation in Oregon, there are certain criteria that you must meet:
- You must be an employee of a company or entity that carries workers’ compensation insurance.
- The injury or illness must be work-related, occurring in the course of employment.
- Prompt reporting of the injury to your employer is crucial. In Oregon, you must report your injury within 90 days.
While the workers’ compensation system is designed to be straightforward, navigating the claims process can often be complex and overwhelming, especially when dealing with severe injuries. This is where a Portland construction injury lawyer can be invaluable.
Can I Bring a Civil Lawsuit Outside of Workers’ Compensation After Being Injured on a Construction Site?
The short answer is yes. While workers’ compensation is a common route for recovering damages after a construction injury, it is not the only option. In certain situations, such as injuries caused by a third party, defective equipment, or gross negligence, you may have grounds for a civil lawsuit. This could potentially provide compensation beyond what workers’ compensation offers, including damages for pain and suffering.
Negligence as the Basis of a Construction Injury Lawsuit
As mentioned above, in certain circumstances, you could pursue a civil lawsuit after a construction injury, particularly if negligence played a role in the incident. To successfully bring forth a negligence lawsuit, several key elements must be established:
- Duty of Care: This involves proving that the defendant (be it an equipment manufacturer, contractor, or another party other than your employer) owed you a legal duty of care. In construction settings, this duty could involve ensuring safe working conditions or proper maintenance of equipment.
- Breach of Duty: Once a duty of care is established, you must demonstrate that the defendant breached this duty. Examples include failing to adhere to safety protocols or ignoring known hazards.
- Causation: This element links the breach of duty to the injury. It must be shown that the defendant’s negligence directly caused your injury.
- Damages: Finally, it is necessary to prove that your injury resulted in specific damages, such as medical bills, lost wages, or pain and suffering.
Examples of Construction Site Negligence
- Chemical or electrical burns due to inadequate protective measures.
- Injuries from falling heavy objects.
- Crane and machinery accidents caused by mechanical failures or operator errors.
- Electrocution from improperly managed electrical systems.
- Exposure to harmful substances like asbestos.
Proving Your Construction Injury Was the Result of Negligence
Establishing a defendant’s negligence is a complex process and requires a comprehensive approach that includes the following:
- Gathering Evidence: This involves collecting all relevant information that can support your claim, such as accident reports, witness statements, and medical records.
- Expert Testimony: In many cases, the testimony of experts in construction safety or medical professionals can provide critical insights into how the negligence occurred and the extent of your injuries.
- Legal Analysis: A detailed examination of all applicable laws and regulations is essential to build a strong case. This includes understanding Oregon’s Employer Liability Law and other state-specific statutes.
- Demonstrating the Impact: Illustrating the full impact of the injury on your life is crucial. This may include detailing the physical and emotional trauma, financial hardships due to medical expenses and lost income, and the overall decline in your quality of life.
To summarize, while workers’ compensation provides a vital safety net for those injured on construction sites, it is not the sole recourse. If your injury was the result of negligence, a civil lawsuit can offer another path to justice and compensation. Understanding how third-party negligence can play a part in these cases and building a solid case for compensation is crucial. At Paulson Coletti, we are skilled in navigating these complex cases and will fight to protect your rights.
Product Liability Lawsuits for Construction Injuries
Construction sites are rife with potential hazards, not least of which are the tools, machinery, and materials used daily. When these items are defective, they can cause serious injuries or even fatalities. In such instances, a product liability lawsuit becomes a crucial avenue for seeking justice and compensation.
In Portland, product liability cases stemming from construction injuries often involve malfunctioning equipment, faulty safety gear, or substandard building materials. These lawsuits hinge on proving that the product was inherently dangerous due to design flaws, manufacturing defects, or inadequate warnings. Victims of such negligence have the right to demand compensation for their injuries.
Navigating a product liability lawsuit requires a deep understanding of both construction operations and product liability law. An experienced construction injury lawyer can be instrumental in investigating the case, gathering evidence, and demonstrating the link between the defective product and the injury you sustained.
The Statute of Limitations for Construction Injury Claims in Oregon
Time is a critical factor in legal proceedings, and this is especially true for construction injury claims in Oregon. The statute of limitations sets a deadline for filing a lawsuit, and in Oregon, this period is generally two years from the date of the injury. Understanding this timeline is vital for any construction worker or their family who has suffered due to a construction-related incident.
If a claim is not filed within this period, the injured party may lose the right to seek compensation through the court system. This statute is intended to ensure timely and fair proceedings by preventing the indefinite threat of legal action. However, it also means that quick action is necessary to protect one’s legal rights.
There are exceptions to this rule, such as cases involving minors or certain types of injuries that may not be immediately apparent. An experienced Portland construction injury lawyer can provide crucial guidance on these nuances and ensure that all necessary steps are taken promptly to preserve your right to compensation.
Entrust Your Construction Injury Case to a Reputable Portland Construction Injury Lawyer
Pursuing a construction injury claim alone can be difficult, especially when going up against large construction firms or insurance companies. This is where entrusting your case to a reputable construction injury lawyer becomes invaluable.
An experienced attorney brings a wealth of knowledge and resources to the table. They understand the complex interplay of construction site regulations, employer responsibilities, and workers’ rights. Their skill in navigating these intricate legal waters can be the difference between a dismissed claim and successful compensation.
Furthermore, a reputable lawyer offers more than just their legal skills; they provide support and guidance through what can be a challenging and emotional process. They stand as advocates for the injured and their families, striving to ensure that justice is served, and fair compensation is obtained. In the often overwhelming aftermath of a construction injury, having such a dedicated ally can be a source of immense relief and confidence.
How Paulson Coletti Can Help
Despite stringent safety regulations, accidents still occur on construction sites, often resulting in severe injuries. In Portland, individuals who have been injured on construction sites should know that they do not have to navigate the legal complexities involved with recovering compensation alone.
At Paulson Coletti Trial Attorneys PC, we have extensive experience in handling construction injury cases. Our legal team can help you:
- Understand Your Rights: We can explain your legal options in clear, straightforward language.
- File Your Claim: We can guide you through the process of filing a workers’ compensation claim, ensuring all necessary paperwork and deadlines are met.
- Maximize Your Benefits: We can advocate for you to receive the full benefits you are entitled to under the law.
- Handle Claim Disputes: If your claim is denied or disputed, we have the experience to know how to appeal and fight for your rights.
For further guidance and a comprehensive evaluation of your case, contact our experienced Portland construction injury lawyers today. Our commitment to justice and deep understanding of construction injury law empowers us to fight for the compensation and resolution you deserve.
