CONSTRUCTION ACCIDENTS


Cincinnati Personal Injury Lawyer Reviewing Cases for injured plaintiffs in Ohio and Nationwide
Nationwide Success

Protecting The Wrongfully Injured

Employers who fail to provide a safe working environment in the construction industry may be liable for injuries and deaths that occur as a result of construction site accidents.

Workers can be injured in a number of ways including: scaffolding failures, crane and heavy machine crush accidents, falls from heights, removals of safety features, failing equipment, defective tools, and violations of Occupational Safety and Health Administration (OSHA) workplace regulations.

Construction is considered a high-hazard industry that comprises a wide range of activities involving residential construction, bridge erection, roadway paving, Roofing Fall Injuries excavations, demolitions, and large scale painting jobs.

Construction workers engage in many work-related activities that expose them to serious hazards, such as falls, unguarded machinery, being struck by heavy construction equipment, electrocutions, and Toxic Exposure Attorney.

Joe Lyon is a highly-rated construction accident lawyer who has had success representing victims of construction site injury.

The Lyon Firm works with OSHA experts, construction site engineers, and vocational experts to investigate and determine whether poor management, safety violations, worker negligence or defective equipment caused an injury.


Top Construction Violations


Construction Site Accidents


According to the Bureau of Labor Statistics, in 2014 over 261,000 workers missed one or more days of work due to injuries from falls. About 798 workers died from such workplace fall accidents.

Following fall accidents, traumatic brain injuries (TBIs) are the most common serious injury, whether fatal or not. From 2003 to 2010, 2,210 construction workers died of a Traumatic Brain Injury, representing 25 percent of all construction fatalities and abut a quarter of all occupational TBI fatalities. Brain injuries remain one of the major causes of deaths in the construction industry.

Construction accidents can be devastating and career ending. Worker’s Compensation will often not provide sufficient compensation for the injury that was suffered.

Therefore, it is important to contact a qualified and experienced construction accident lawyer to review the case. There are a number of remedies that may be available in addition to Worker’s Compensation to assist the injured worker and his or her family in rebuilding their lives.


Construction Site Lawsuits


Construction Site Negligence: Catastrophic leg amputation: (Trenton, Ohio) Joe Lyon represented a construction flagger who lost his leg when excavator rolled over him while he was performing flagging duties. Extensive litigation proved that the accident occurred due to negligent design of the construction site—Including a lack of signs, organization—negligent training of the driver of the machine, and negligent operation of the machine.

The employers had the injured worker sign workers compensation forms in the hospital to attempt to hide behind workers compensation immunity. The court ruled in favor of Plaintiff’s Motion for Summary Judgment that the worker was an independent contractor and applied a general negligence standard.

Joe Lyon obtained a $1,200,000.00 settlement in addition to Worker’s Compensation benefit that provided money to assist the family with additional home structural changes for handicap access and provided for loss of income due to permanent disfigurement and disability.


Contractor & Subcontractor Lawsuits


After an injury sustained in an Ohio construction accident, often the only remedy outside of Workers Compensation may be to file lawsuits against a contractor or subcontractor.

The legal options will depend on what caused the Ohio construction accident.  Often there are multiple contributing factors in play and each potentially liable party should be carefully considered.

These injuries are too serious for the injured party to negotiate a fair and comprehensive settlement without an attorney.  The interplay of complex liability questions, subrogation, and future life care plans require the attention of an attorney experienced in spinal cord injury lawsuits.

There are personal injury cases where an attorney may not be necessary, but construction accidents have long lasting impact and should be addressed by a lawyer qualified in complex personal injury matters.

Co-Worker Negligence Accidents: The first step is whether the case is limited to Worker’s Compensation.  This analysis requires a thorough understanding of Employer Intentional Tort law which has become more difficult in recent years.  Often the case requires a removal of an equipment safety guard or a knowing violation of an OSHA regulation to move past a motion for summary judgment.

Heavy Machinery Accident: If the case involved a vehicle or heavy machinery accident being operated by another subcontractor,  there is typically insurance available to compensate the injured party.

Product Liability: Where the injury was caused by a defective product, the litigation path is much more expensive and complex. The attorney will need to evaluate the viability of the defendant and cost to prove the case through expert testimony.

Product liability cases can be some of the most expensive types of litigation, but where there is a viable defendant, the cases should be evaluated carefully to determine if a defective product caused the spinal cord injury.


Construction Asbestos Exposure


Workers in almost every construction trade face the risk of developing asbestos-related illnesses, including lung disease and cancers. In fact, the Occupational Safety and Health Administration (OSHA) ranks construction among the most hazardous industries in the U.S.

Thousands of commercial construction materials once contained asbestos.  Though the use of asbestos products has declined because of safety concerns, the toxin can still be found in many materials used in homes and buildings. The U.S. Environmental Protection Agency (EPA) suggests that asbestos products are present in the vast majority of the nation’s 733,000 public and commercial buildings.

Asbestos products can become hazardous when the loose fibers are released into the air. This usually occurs when adhesives, seals, cement, roofing and flooring break down over time. Also, during renovation, demolition or regular construction, these materials can also be disturbed.

Asbestos is a known cause of mesothelioma, a deadly cancer that can develop several decades after first exposure. Because of the long latency period of asbestos-related illnesses, construction tradesmen who worked with asbestos years or even decades ago continue to develop cancer and lung diseases.

Asbestos dust can spread around job sites easily and expose even those workers who do not handle asbestos directly. Workers can also bring dust home on their clothes, endangering their families, who then become at risk of secondary exposures.

A significant study in the American Journal of Industrial Medicine concluded, “Occupational airborne particulates are an important cause of death and disability worldwide.”

Construction occupations at highest risk for asbestos exposure:

  • Demolitions and wrecking crews
  • Flooring installers
  • AC workers
  • Painters
  • Roofers
  • Brick Layers
  • Bulldozer and crane operators
  • Carpenters
  • Drywall workers
  • Insulation workers
  • General laborers
  • Pipefitters & Plumbers
  • Plasterers
  • Masonry workers

Toxic Construction Materials


Drywall workers are at a particular high risk for asbestos-related disease. Workers often cut, saw and sand drywall panels, which can easily release asbestos fibers into the air.

Masonry workers mixed raw asbestos into construction compounds, and also cut into bricks, sending asbestos dust in the surrounding area. Roofers handled asbestos shingles, and also sprayed toxic seals and adhesives.

Construction workers have been exposed to many toxic materials over the years, including asbestos. According to the U.S. Center for Disease Control and Prevention (CDC), around 27 million American workers were exposed to asbestos in the last 50 years. Unfortunately, the problem persists.

It is estimated that over 1.3 million construction workers are exposed to asbestos materials every year, putting them at risk of developing diseases like mesothelioma and asbestosis.

study published in 2015 concluded that there is an “increased risk of lung cancer for subjects who ever held an occupation in the construction industry.” The researchers named asbestos as a known trigger for pulmonary issues like lung cancer.

A 1999 study undertaken by the Duke University Medical Center found elevated rates of cancers in general construction workers. The research noted that the following trades were at the highest risk of developing occupational-related cancer: laborers, roofers, painters, carpenters, brick masons, operating engineers, and dry-wall workers.

It is important to note that construction workers with longer careers have a higher risk of illness. However, the World Health Organization (WHO) warns that there is no safe level of asbestos exposure.


Ohio Construction Accident Lawyer


Construction accidents cause the second most fatal occupational industries in Ohio.  Furthermore, the CDC reported that although the construction industry has roughly 8 percent of the U.S.’s workers, construction accidents account for 22 percent (nearly a fourth) of the nation’s work related fatalities, the largest number reported for any industry.

Regardless of the direct cause of injury, employers and equipment manufactures may be workers comp and deaths if OSHA violations have been observed or defective equipment and machines contributed to construction site accidents. Victims have a right to recover lost wages, past and future medical expenses and damages related to pain and suffering.

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A Voice for Those who have suffered 

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Personal Injury Cases

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Are there any limits to what I can recover?

Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:

  1. Non-Catastrophic Injury:   The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
  2. Catastrophic Injury: No limits.

The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world.

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

$1,000,000

WRONGFUL DEATH: DISTRACTED DRIVER

(Brown County, Kentucky):   The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

$495,000

MOTORCYCLE ACCIDENT

(Cincinnati, Ohio):  The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.

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