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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Construction Accident in TN - Schuerger Shunnarah

All jobs are difficult to a certain degree, but the problem with the construction industry is that it's also dangerous. There are many hazards in a construction site.


The law protects construction workers from accidents, as it requires employers to develop a safe environment for employees to go on with their daily duties safely. Accidents happen when they fail to comply with those regulations and make construction workers work in dangerous settings.


After construction accidents, injured workers need to cover all the medical treatment for their recovery. In most cases, they can't keep going to work, which means a financial crisis for them. Fortunately, they can try to recover that money by filing a personal injury lawsuit or a workers' compensation claim.


It's difficult for construction workers to go on with any of those legal processes with no help. Hence, they should always hire an experienced and qualified lawyer to get everything done. Schuerger Shunnarah Trial Attorneys is one of the best law firms in Nashville, TN. Victims should contact it now to schedule a free case evaluation. They can help with how to file a lawsuit for pedestrian accident in TN as well.


How Can Construction Workers Get Injured in Construction Sites?

How Can Construction Workers Get Injured in Construction Sites?


Workers are prone to have a construction accident if they are not careful enough. One of the main causes of this is falls. Victims often fall from scaffolding, ladders, and other tools used in construction sites that require them to be somewhere high.


When a construction worker falls from a high place, they could develop traumatic brain or spinal cord injuries, break some of their bones, and experience other problems. Everything depends on how high they fall from and the position in which they do it.


Although it could sound random, it's common to see a construction accident happen due to a falling object. Flying debris is common around construction sites, and it happens with items that weren't properly secured.


Even if the worker wore a protective hat, a strong falling object could cause a serious construction accident. Depending on where the object falls, the accident could cause a brain injury or even a spinal cord one.


While it's rare to see them happening, getting struck by other objects on a construction site could be deadly for victims. This could happen when using heavy equipment such as cranes, losing control, and hitting another person.


A construction accident could also happen due to electrocutions. Since workers need to work with power lines, wiring, and other energized sources, it's easy to get harmed if the victim doesn't use the proper safety equipment. In these cases, workers in a construction site meddling with power lines should avoid staying close to lifts, ladders, or heavy equipment.


Does the Tennessee Law Protect the Average Construction Worker from Workplace Injuries?


There are different Tennessee laws made to protect workers from this kind of situation. This kind of law doesn't only apply to a construction accident, but to any negligence case involving someone's workplace.


The safety compliance standards in Tennessee come from the Division of Occupational Safety and Health (TOSHA). This division focuses on enforcing the Tennessee Occupational Safety and Health Act of 1972, which is where people can find the criteria they need to meet regarding workplace safety.


In Title 50 Chapter 3 of the act mentioned before, it states that employers need to provide workers with protection from physical hazards coming from construction, machines, walking, or working surfaces. It's worth noting that victims can also aim to get workers' compensation, even if the construction company isn't liable for the problem.


What Injured Construction Workers Can Do to Get Compensation After Construction Site Accidents - How to File a Lawsuit


The best thing people can do to get compensation after a construction accident is to file a lawsuit against the negligent party that caused it. Right after the problem happens, the victim needs to go to a doctor to get themselves checked.


Once the doctor gives them a proper diagnosis, they should ask for an approximate cost for the treatment and the medical records. The next thing to do is to call a construction accident lawyer to take care of the situation.


Regardless of the construction accident lawyer the victim hires, they will try to schedule a consultation. After the attorney spends some time gathering evidence for the trial with the injured construction worker, they can file a formal complaint to the court.


The process server of the court will let the defendant know of the complaint and its details. Once that happens, they will have to respond to the claim or make a counterclaim against the plaintiff. Naturally, they will also have time to gather evidence and build a case.


After a time, both parties will enter the discovery phase in which they will exchange information and evidence. 


When they are done with that, they will get into the mediation/arbitration phase. That stage of the process consists of trying to get to a settlement without going to trial. They will have to do so if they fail to agree on something, though. For more information, construction accident attorneys may be able to help.


What Can Victims Expect After Filing Personal Injury Lawsuits for Construction Accidents?


The main goal of someone filing a personal injury lawsuit after a construction accident is to get enough money to cover all medical expenses. That should be stated in the initial claim. Hiring an experienced construction accident attorney is the best way to get to this.


If the case goes well, the victim can expect to get everything they need to cover all the expenses related to the construction accident. However, this can be a long and stressful process, so they need to emotionally prepare for it.


Are Personal Injury Claims the Same as Workers' Comp Ones in Construction Accidents?


In construction accidents, workers' compensation claims are not the same as a personal injury one. The main difference between them is what causes them and the compensation the victim receives.


If the construction accident happens because of the negligence of another party involved in the construction site, the victim will sue them. That is a personal injury claim. In this case, the compensation depends on the severity of the injuries and how well the case goes.


When workers carry workers' compensation insurance and suffer a construction site accident, it's a workers' comp case. There, the victim doesn't have to sue anyone but rather file a form to the insurance company to apply for the money they need for the medical costs.


Wrapping Up - Get Compensation for Construction Accident Injuries Now

Wrapping Up - Get Compensation for Construction Accident Injuries Now


Victims of construction site accidents should either apply for a workers' compensation claim or file a personal injury lawsuit. They need a lawyer to help them go through the process and get the compensation they deserve. However, they should only file the case with a skilled attorney helping them.


Schuerger Shunnarah Trial Attorneys is different from other law firms because it works with former insurance company employees. Hence, its workers know what those companies will do and can use that information against them. Anyone in Nashville, Tennessee, can contact this law firm today to take a construction site accident case!

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