Unfortunately, accidents are more common among construction workers than they should be. Many things could cause one, and not all companies comply with the proper safety requirements to protect their employees.
Workers can get the compensation they deserve to recover from the accident if they hire an Iowa construction accident lawyer. They can file a lawsuit against the negligent party for the accident and go through all the legal processes needed to win the case.
The problem with this is that the process of filing a personal injury claim or lawsuit after a construction site accident is often stressful for people who don't know how everything works. That could lead the plaintiff to make mistakes and lose the case.
This page is meant to help people understand how to file a lawsuit for a construction site accident and have a high chance of winning it. Tom Fowler Law is ready to help victims of this problem in Des Moines, Iowa. They only need to contact the law firm and schedule a free consultation. They can provide information on how to file a lawsuit for pedestrian accident in Iowa as well.
Do Construction Workers Have Legal Protection from Accidents in Iowa?
The first thing people need to know about this subject is that if they are looking for compensation for a construction site accident, the law protects them. Victims should understand all the legal resources they have at hand before seeking workers' compensation benefits or anything similar.
It only takes going to the Iowa Code Chapter 85 to see how workers' compensation laws should be in the state and an outline of the rights people should be aware of while working. That, of course, includes construction site accidents. This is essential for anyone working on these sites.
The Iowa Occupational Safety and Health Act (IOSHA) sets the health standards workplaces should comply with. It also requires employers to provide workers with a safe environment, training, and protective equipment. This applies to construction sites or any other kind of workplace.
It's also important to mention the Iowa Workers' Compensation Act. As its name suggests, this act shows the benefits employees should ask for if they suffer an accident while working. The money people get from a workers' compensation insurance claim should go to lost wages, Iowa construction accident injuries, emotional distress, and more.
Any decent construction accident lawyer knows all that and is ready to use it in a trial. However, if clients know how the law protects them, they will know the workers' compensation benefits they can ask for in the claim.
The judge's role in a trial is more flexible in the U.S. than in other countries. Here, they need to study the case and analyze previous cases to come up with a fair settlement. Regardless of that, they still take these laws into account.
Are Construction Site Accidents Common?
Workers need to face many hazards once in a construction site. Although employers can and should make their workplace the safest it can be, it's impossible to eliminate all the dangers workers are exposed to.
The injuries construction workers suffer depend on what causes them. Falling from heights can lead to severe injuries or even death depending on where the victim fell from and the position in which they did it.
Electrocution is one of the most dangerous things that can happen to workers in a construction site. They happen because these workers use wiring and electric equipment for most of their projects.
While it's not a specific construction accident, workers often suffer many health problems due to overexertion. This job requires a high physical demand. Victims can include all these things in their workers' compensation claims.
Is a Construction Accident Lawsuit the Same as a Personal Injury Claim?
Although they are highly similar, a lawsuit is not the same as a personal injury claim. Regular lawsuits are civil legal actions brought up by the plaintiff against another party to get compensation for a legal wrong. In the context of working in a construction site, someone could sue another person for breach of contract or property damage.
A personal injury claim, on the other hand, comes when someone suffers an injury due to the negligence of another party. Construction site workers can file this kind of claim if they get an injury due to unsafe working conditions, defective equipment, or negligence in general.
It's important to understand that a personal injury is a legal term that refers to any damage to the victim's body, emotions, or reputation. If they are looking for a construction accident lawyer, they want a personal injury claim.
Regardless of that, the Tom Fowler Law Firm can also take regular lawsuit cases or help victims get workers' compensation benefits. It has worked in construction site trials and cases related to other personal injuries. For more information, the best personal injury law firm in Des Moines may be able to help.
How to File a Lawsuit for a Construction Accident in Iowa
The first thing victims should do after getting into an accident is to go to the doctor. They will tell them how severe the problem is.
After they do that, they need to schedule a consultation with an Iowa construction accident attorney. Even if the situation happens on a construction site, it doesn't mean the victim's employer will be the defendant in the case.
Employers are not the only ones in the construction industry who can be liable for an accident. The victim can sue the owner of the company, their co-workers, and even the manufacturer of defective safety equipment.
Once the victim builds a case, they can submit the complaint to the court with the outlines of the accident, the injuries sustained, and the damages claimed.
After that, the court serves the complaint on the defendants named in the lawsuit. Process servers generally do this. The defendant will have a specific amount of time to file an answer or make a counterclaim.
Both parties will have to file for depositions and request specific documents for the legal process. In the mediation stage, the defendant and the plaintiff will try to get to an agreement. If they fail to do it, they will go to trial.
Final Thoughts - Hire a Construction Accident Lawyer Today
Obtaining workers' compensation benefits after construction accidents is often difficult. Employers don't want to pay victims what they deserve, and insurance companies do the same.
If they carry workers' compensation insurance, the process can be a bit easier, but victims should always hire a lawyer to properly collect workers' comp benefits. The Tom Fowler Law Firm is ready to help anyone in need of legal help in Des Moines, Iowa.
It's difficult to keep construction accidents from happening if they come from negligent parties. However, victims can at least aim to get workers comp or file a lawsuit to cover medical costs and lost wages. If they want to do it, they should call Tom Fowler Law today to schedule a free consultation!
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