What Legal Action Should You Take After A Construction Collapse?

You can file a workers' compensation claim to cover your medical expenses and lost wages after a construction collapse. Get in touch with a construction accident attorney before giving any statements to insurance companies or signing documents so they can help you :

• Collect all details and documentation related to the collapse,
• Determine whether third-party negligence contributed to the incident,
• Work with insurance companies, and
• Seek full compensation for your injuries and time away from work.

This guide will walk you through the legal actions to take after a construction collapse, help you understand your rights to compensation, and explain how an experienced construction accident attorney can help protect your interests.

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Take These Steps Immediately After a Construction Collapse

Your actions in the hours and days following a collapse are critical for both your health and legal case. First, ensure you get thorough medical care.

Step 1: Medical Care

• Get yourself to a doctor, even for seemingly minor or non-existent injuries. Internal injuries and head trauma may not show symptoms at first.
• Tell medical staff exactly how your injuries occurred.
• Request copies of all medical records.
• Follow your treatment plans completely.

Step 2: Reporting the Incident

• Notify your supervisor about the collapse in writing as federal law requires reporting workplace accidents.
• File an OSHA complaint if you noticed safety violations before the collapse.
• Document who you reported to and when.
• Keep all incident-related paperwork.
• If the accident occurred on someone else's property, notify the property owner as well.

Critical: Avoid discussing fault, giving recorded statements to insurance companies or sign any documents before speaking with a lawyer. These could potentially harm your case and insurance adjusters may use your words to minimize your claim.

Step 3: Gathering Evidence

• If safe and you're physically able, take photos and videos of the collapse. Otherwise, ask a coworker to help document the scene.
• Get the names and phone numbers of any witnesses of the incident.
• Save any pay stubs, work orders, safety meeting records, or equipment logs related to the collapse
  • Act fast! This evidence can disappear quickly once cleanup begins.

Step 4: Consult a Construction Accident Attorney

• Speak with a lawyer experienced in construction accidents
• They will guide you through the legal process, explain your options, and help you get the compensation you deserve.

How Can a Construction Accident Attorney Help Your Case?

Your lawyer becomes your advocate while you recover. Here’s how your lawyer will help your case:

Important Legal Deadlines

If you're a New York-based construction worker, take note of these deadlines you must meet:

• 30 days to notify employer
• 2 years for wrongful death claims
• 3 years for personal injury lawsuits
• 6 months for OSHA complaints

Missing these deadlines can block your right to compensation.

What Compensation Can You Claim After a Construction Collapse?

You may qualify for several types of compensation, such as:

1. Workers' Compensation Benefits

• Medical treatment costs
• Lost wages (typically 2/3 of your average weekly wage)
• Disability benefits
• Vocational rehabilitation, if needed

NOTE: You don't need to prove fault to receive these benefits.

2. Third-Party Claims

When third parties contributed to the collapse, you may claim additional compensation through a personal injury lawsuit. These may include:

• Full lost wages
• Pain and suffering
• Emotional distress
• Loss of quality of life
• Future medical costs
• Loss of earning capacity
• If a family member died in a collapse, wrongful death compensation may include funeral costs, lost financial support, and loss of companionship.

NOTE: You'll need to prove negligence by the third party to receive these benefits.

Who Can Be Held Liable for a Construction Collapse?

Multiple parties often share responsibility, in which your lawyer will investigate each party's role in the collapse.

When Companies Don't Follow Safety Guidelines

The July 2024 Boise airport hangar collapse shows what happens when companies ignore safety rules. Three workers died and eight others suffered injuries because contractors failed to use proper bracing and ignored clear warning signs.

The investigation post-collapse found the company left critical connecting bolts loose and continued adding weight to an unstable structure. OSHA cited both the building contractor for willful safety violations ($198,586 in penalties) and the crane company for serious violations ($10,163 in penalties).

Need Help With Your Construction Collapse Case?

Our construction accident attorneys can help prove safety violations and secure maximum compensation.

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Construction Collapse Case FAQs

1. What are my immediate legal rights after a construction collapse? Your employer must provide workers' compensation coverage for your injuries. You also have the right to file OSHA complaints about safety violations without retaliation.
2. Can I be fired for reporting safety violations that led to the collapse? No. Federal law protects you from retaliation for reporting safety violations or filing workers' compensation claims.
3. How do I prove my employer knew about unsafe conditions? OSHA requires employers to document safety inspections and violations. Your lawyer can obtain these records, along with any previous complaints or incidents.
4. Should I keep working if my job site still seems unsafe? You have the right to refuse work in conditions you reasonably believe could cause serious injury or death. Document your safety concerns in writing.
5. What if multiple contractors were involved in the collapse? Each contractor has separate safety responsibilities. Your lawyer can help identify all liable parties to maximize your compensation.
6. Can undocumented workers claim compensation after a collapse? Yes. Your immigration status doesn't affect your right to workers' compensation or to sue for injuries from unsafe conditions.
7. What if my employer claims I caused the collapse? Don't accept blame. Construction companies must prevent collapses through proper engineering and safety measures regardless of worker actions.
8. How long will my case take? Simple workers' compensation claims may resolve in months. Cases involving multiple liable parties typically take 1-2 years, but you can receive medical benefits during this time.
9. What compensation can my family claim if I'm permanently disabled? Your family may claim long-term disability benefits, loss of consortium, future medical care costs, and compensation for their caretaking duties.
10. Can I sue my employer directly after a construction collapse? Usually no - workers' compensation is your primary remedy against employers. However, you can sue third parties like equipment manufacturers or property owners.
11. What if I can't afford a lawyer? Personal injury lawyers, like those from the Porter Law Group, work on contingency - you pay nothing unless we win compensation for you.
12. Should I accept the insurance company's first offer? No - initial offers usually undervalue your claim. Reach out to us before accepting any settlement.

Speak to a Construction Accident Attorney Today

If you or a loved one has been injured in a construction collapse, you need experienced legal representation to protect your rights and pursue full compensation.

At the Porter Law Group, Our construction accident attorneys understand the complex regulations governing construction safety and have successfully represented numerous work-accident victims.

Don't let evidence disappear or deadlines pass. Contact us today for a free consultation about your construction collapse case:

• Call toll-free: 833-PORTER9, or
• Email: info@porterlawteam.com

Our experienced construction accident lawyers will handle every aspect of your claim while you focus on recovery. We'll evaluate your situation, explain your legal options, and fight to get you the compensation you deserve.