NASHVILLE CONSTRUCTION ACCIDENT LAWYER

When you sit down for a free case evaluation with one of the Nashville construction accident lawyers from Morgan and Morgan, one of the first items on the agenda is to determine the cause of your injuries. Understanding how you sustained injuries provides your legal counsel with information that demonstrates whether there is the presence of the four elements of negligence.

Let’s review the most common causes of construction accidents in Nashville.

Slip and Fall

Construction sites present many opportunities for workers to slip and fall, which results in sustaining injuries that range from mild to severe. According to the Occupational Safety and Health Administration (OSHA), slip and fall incidents are the most common cause of construction accidents that result in worker injuries. The type of injuries sustained by a slip and fall range from a fractured wrist caused by trying to break a fall to head trauma that develops because of a hard impact on the floor or ground.

Prolonged Exposure to Toxic Chemicals

OSHA has established comprehensive regulations that require construction workers to complete training classes that prevent injuries caused by exposure to dangerous chemicals. However, far too many general and independent contractors cut corners when educating workers about the dangers of certain chemicals that are present in the workplace. The result of poor training is sustaining injuries that range from moderate burns to serious respiratory symptoms that last a lifetime. Lack of training for handling toxic chemicals is often considered negligence on the part of an employer.

Elevated Fall

Many construction workers have to work at elevated heights, from a position on a scaffold to on top of a structure. More than 40 percent of construction site accidents involve a worker falling from an elevated height. Nashville construction accident lawyers must determine whether an elevated fall is the legal responsibility of the worker involved in the incident or an employer that placed the worker in harm’s way. Injuries resulting from an elevated fall include spinal cord damage and life-threatening brain trauma.

Repetitive Motion Injuries

Many construction workers perform the same motions every day, which places considerable stress on certain sections of the body. For example, a construction worker that uses the same power tool every day exerts pressure on the same section of the arms. The result can be the development of a painful and even debilitating repetitive motion injury such as carpal tunnel syndrome (CTS). A repetitive motion injury like CTS introduces a complex legal issue because it is often difficult to determine when an employee sustained this type of work-related injury.

One of the best Nashville construction accident lawyers from Morgan and Morgan conducts a detailed investigation to determine when an employee developed the symptoms of a repetitive motion injury.

How you handle the aftermath of a construction accident goes a long way in deciding whether you receive compensation to address the financial losses produced by sustaining one or more injuries. The first several steps of handling a construction accident are the same for both workers’ compensation claims and personal injury lawsuits.

Receive Medical Care

The most costly expense that is associated with a workplace accident concerns medical bills. Diagnostic tests, treatment programs, and physical therapy sessions can quickly rack up medical bills that exceed $10,000. If you feel healthy enough, you can remain at the scene of a workplace accident to gather evidence and get contact information from witnesses. However, you should meet with a physician to determine whether you have developed delayed symptoms of a workplace injury.

Let Your Employer Know

Informing your employer about a workplace incident that produced one or more injuries is a mandatory step in the filing of a workers’ compensation claim. After discovering you sustained injuries as the result of a workplace accident, your employer must explain the workers’ compensation process, as well as inform the state workers’ compensation board about the incident. Informing your employer also is an important step in the personal injury lawsuit process.

Collect and Organize Evidence

This step is typically handled by one of the Nashville construction accident lawyers from Morgan and Morgan. Your attorney conducts a detailed investigation that includes taking photographs of the accident scene, as well as obtaining photos of your injuries from the healthcare provider that treated you. Speaking with witnesses provides your legal counsel with information supporting medical and physical evidence. OSHA plays an integral role in gathering evidence by handing over copies of workplace safety incident reports.

What differentiates a workers’ compensation and personal injury case when it comes to a workplace accident? The answer is filing a personal injury lawsuit requires Nashville construction accident lawyers to demonstrate the presence of the four elements of negligence.

Duty of Care

The duty of care doctrine stipulates that one party is responsible for the safety of a second party. General and independent contractors typically assume a duty of care for the safety of their employees. However, some construction industry relationships include stipulations outlined in a contract that places the legal burden for workplace safety on employees. At the heart of an employer’s obligation to protect workers involves conducting comprehensive safety training sessions, as well as ensuring every piece of equipment is properly maintained to operate at an optimal performance level.

Committing a Negligent Act

Violating the duty of care doctrine represents the commission of one or more acts of negligence. For example, if a general contractor forced an employee to work outside during a storm and the employee sustained injuries from a slip and fall, the employee might have enough evidence to demonstrate a breach in the duty of care doctrine. The collection of medical and physical evidence is vital for proving the presence of the second element regarding negligence.

Negligent Act Caused Injuries

Any violation of the duty of care doctrine must cause a construction worker’s injuries to be considered an act of negligence. Proving the third element of negligence requires Nashville construction accident lawyers to obtain and submit medical records that link a workplace accident with an employee’s injuries. The attorney representing the general or independent contractor might claim the injuries sustained by a construction worker resulted from another type of incident.

Suffered Financial Losses

The last element of negligence involves showing the judge hearing your case that you suffered financial losses as a result of your injuries. Copies of time sheets and bank records should provide more than sufficient evidence you have suffered financial losses that were caused by diagnosing and treating your work-related injuries.

We understand that our clients have many choices when it comes to hiring an attorney. To determine which of the Nashville construction accident lawyers is the best option for you involves considering four important factors.

Versatility

With offices located throughout the United States, Morgan and Morgan offers legal support for both workers’ compensation and personal injury cases. You might sit down with a workers’ compensation attorney from Morgan and Morgan, only to eventually work with a personal injury lawyer because another party committed one or more acts of negligence.

Successful Record of Getting Our Clients Compensated

The reason for hiring Nashville construction accident lawyers is to receive compensation to recover financial losses. Whether you submit a workers’ compensation claim or file a civil lawsuit that seeks monetary damages, you want the legal support of an experienced attorney who has achieved a proven record of success getting clients the compensation they deserve. The highly-rated Nashville construction accident lawyers at Morgan and Morgan have recovered more than $14 in monetary damages for clients since opening our first office in 1988.

Responds Promptly to Communication

The Nashville construction accident lawyers at Morgan and Morgan respond promptly to emails, phone calls, and text messages. If we do not respond to a form of communication on the same day that you send one, you can expect your attorney to get back to you first thing the following morning. You also have access to a 24 hours a day toll-free number that addresses general legal issues.

Positive Client Reviews

We encourage prospective clients to read the reviews left by our clients on sites such as Yelp and Google. More than 35 years of legal experience have allowed us to compile hundreds of positive client reviews that emphasize our commitment to operating with integrity and transparency.

Schedule a free case evaluation with one of the Nashville construction lawyers at Morgan and Morgan.