Ohio Catastrophic Injury & Product Liability Attorney Investigating Construction Accidents
Construction accidents cause the second most fatal occupational industries in Ohio. Furthermore, the CDC reported that although the construction industry has roughly 8% of the U.S.’s workers, construction accidents account for 22% (nearly a fourth) of the nation’s work related fatalities, the largest number reported for any 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.
Joe Lyon is a highly rated and compassionate Cincinnati personal injury lawyer who has had success representing victims of construction accidents. The Lyon Firm works with OSHA experts, construction site design experts, and vocational experts to investigate and determine whether poor management, negligent operational procedures, co workers negligence or a defective product caused the injury.
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.
Yes. Often the only remedy outside of Workers Compensation may lie against a subcontractor.
The legal options will depend on what caused the 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.
If you have questions about the root cause of a construction accident or are being told that Workers Compensation is your exclusive remedy, please call the The Lyon Form at (800) 513-2403 for a no-obligation confidential consult.
Workers compensation does not fully compensate a worker for serious injuries and often there are other available avenues of recovery.