Blame not a bar to benefits: contact a construction injury attorney in Michigan
But even if the worker is injured due to his or her own carelessness, there is compensation available through the Workers Compensation Act. Benefits such as weekly payments and medical expenses are awarded to an injured worker, but often these are not enough to cover the pain and suffering associated with an on-the-job injury.
Weekly payments are based on a percentage of worker's weekly earnings and on the severity of the disability, whether it is a temporary total disability or a permanent partial disability. The medical expenses cover only those treatments deemed necessary and related to the specific work injury.
Certain circumstances can place blame for injuries that occur on the job site on a third party. The owners, architects, contractors and equipment manufacturers can all be liable for insufficient safety measures when an accident occurs.
The general contractor and all subcontractors are responsible for providing appropriate safety provisions to ensure the construction site is reasonably safe. It is their obligation to warn of possible hazards on the site, to hire employees who will use caution while working, to coordinate job safety and to check that safety specifications are being followed.
Manufacturers of construction equipment are responsible for designing and maintaining safe products. Defective or dangerous products may be at fault in a construction accident. With all of the equipment used on a construction site, the chance for injury is great, but if the proper safety measures are not employed in the making of this equipment, the chance of an injury or a death occurring increase greatly.
The manufacturers on this equipment can be found liable when an accident occurs due to one of their products. Equipment used on a construction site include scaffolding, cranes, power tools, derricks, hoists, conveyors, woodworking tools, ladders, winches, trucks, graters, scrapers, tractors, bulldozers, forklifts, back hoes, heavy equipment, boilers, pressure vessels, and gas detectors.
When things go wrong
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There might be a statute of limitations on your case, meaning a lawsuit must be filed before a certain date. Even if you have received workers compensation, the pain and suffering you have endured far outweighs the costs of the hospital bills.
If you or a loved one has suffered from an injury due to a construction accident, remember that the attorneys at Cochran & Foley have the skills, legal knowledge and experience needed to protect you and will seek to win payment for their clients' injuries, expenses, and loss.
An attorney will lead you through the steps needed to recover actual damages and may even assist in punitive damages being awarded.
Levels of responsibility
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Actual damages can be awarded for medical bills, lost income, funeral expenses, pain and suffering, mental stress, permanent disability and similar hardships.
Punitive damages, above and beyond those actually incurred by the victim, are intended to punish the guilty party for reckless or inappropriate behavior. Punitive damages also can function as a deterrent for others.
An attorney can collect damages for construction site injuries or assist with Workers Compensation Act benefits. Cochran & Foley will seek payments for expenses resulting from the construction site injury, and ensure justice by pursuing punitive damages.
Cochran & Foley devotes its practice to representing individuals who are the victims of work place injuries, nursing home abuse, medical malpractice, dog bites, or vehicle accidents. Essentially, if a person has been involved in any tragedy involving negligence and requiring compensation, Cochran & Foley will provide whatever legal services are required.
Above All Else, Seek Justice
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Victims should not hesitate from filing a lawsuit for fear of filing a frivolous lawsuit. That's propaganda created by the insurance industry. Let your attorney, not an insurance agent, determine what's frivolous and when justice should be pursued.
In America, a jury makes a decision on damages after hearing all of the evidence. The jury award is designed to compensate the injury victim. A fundamental right of all Americans is a trial by jury, allowing our fellow citizens to hear our case and to make a decision. Do not give up any of your rights as a citizen!
Statutes of limitation limit the length of time you have to file a lawsuit. If you fail to file a lawsuit within that time period you may forever be denied the justice due you. If you have a child with cerebral palsy and believe that you have a case for medical malpractice, it is critical that you seek legal help quickly.
If you believe your child is a victim, let Cochran, Foley & Associates fight for your rights. There is no obligation for case evaluation and no fee is charged unless a recovery is made. Click here for a free consultation or call 800-322-5543 and ask for Terry Cochran or Lynn Foley.
The Law Offices of Cochran, Foley & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death