Portland Construction Accident Lawyers
If you work on a construction site, you understand just how dangerous they can be. Proper care and attention to safety details can help keep workers safe. However, construction accidents continue to occur throughout the state for several reasons, including negligence.
If you have been injured at a construction site, a Portland construction accident lawyer from Strong Law can potentially help. Call Strong Law today at (206) 741-1053.
Why a Portland Construction Accident Attorney from Strong Law Is the Right Choice
An Impressive Track Record of Wins for Our Clients
Injury victims who have chosen our firm in the past have benefitted from robust representation from lawyers who genuinely care. Since our inception in 2016, we have brought in multiple millions of dollars in settlements and verdicts for our clients. Trust Strong Law like many have in the past and get the benefit of collaborating with a firm that:
- Has a founder with a demonstrated dedication to injury victims
- Has a 98% success rate
- Has recovered millions of dollars for its clients
- Has deep experience with construction accident and injury cases.
Your claim is important, and you deserve competent representation. Choose experience to get you the compensation you deserve and choose Strong Law. We can help with all aspects of your workers’ compensation claim, including:
- Initial filings
- Appeal denied claims
- Representation at hearings.
Call our office to schedule a free consultation with a skilled and caring Portland construction accident attorney at (206) 741-1053.
Getting Compensation for Your Injuries
Strong Law Maximizes Your Claim for Compensation
In every state of the nation, workers’ compensation laws take precedence over lawsuits and injury claims for injured workers. The system is set up this way to compensate injured workers quickly and indemnify employers from too many lawsuits. Put another way, injured workers must file their claims through workers’ compensation and not against their employers.
However, under certain circumstances, construction workers may be able to sue other parties who may be responsible for their accidents when they are not their employer.
In Oregon, construction workers who have an employer potentially have access to workers’ compensation benefits when they become injured. Workers’ comp benefits can be used to cover many, but not all, of the economic damages a construction site worker might experience, such as:
- Medical bills
- A percentage of lost wages
- Travel expenses related to the treatment of the injury.
However, injury victims tend to suffer more than economic damages. There are a whole host of non-economic losses that construction workers typically suffer, such as pain, loss of enjoyment of life, and emotional distress. Unfortunately, the workers’ compensation system does not cover these non-economic damages.
Additionally, the wage replacement (time-loss benefits) guidelines of workers’ compensation do not call for the full replacement of lost wages, but only a portion. Injured workers who miss work and claim wage replacement are entitled to 66 2⁄3 percent of their wage. The length of the wage replacement benefits depends on the injured worker’s situation and the severity of their injuries.
In most cases, injured workers are either temporarily or permanently disabled, whether the injury is partial or total. As you would imagine, time-loss payments for temporary injuries eventually end. Workers who have become permanently disabled may receive a cash settlement award.
For workers who die on the job, certain surviving family members may be entitled to:
- A lump sum settlement for the decedent’s final disposition and burial expenses
- Monthly payments to a spouse
- Monthly payments to certain dependents.
Vocational assistance is another benefit certain construction workers may apply for. It is available when a worker can still work but not at the job at which they were injured.
In some construction accident cases, a third party may be partially or totally responsible for a worker’s injuries. A third party is anyone who is not the employer or employee but is present in some way at the worksite.
Take a delivery driver as an example. If this driver enters a construction worksite under the influence of alcohol and causes an injury, they can be held liable for damages in a third-party lawsuit. Unlike workers’ comp claims, third-party lawsuits can include claims for non-economic damages. They can also demand complete wage replacement instead of a percentage.
Other third parties that may cause or contribute to a construction site accident include equipment manufacturers and designers, rental companies providing tools and equipment, and independent contractors working at the site.
The Compensation Process
The compensation process for construction workers is strictly regulated and sometimes extremely complicated. A construction accident lawyer is essential for workers looking to get the most out of their claims.
In every case, injured workers must report their injury to their employer within 90 days of the accident and should file a claim within one year. If the injury results from an occupational disease, the year clock begins ticking when a doctor informs you of your occupational illness.
Once you file your claim, the insurer must respond with an acceptance or a denial within 60 days. At this stage, a Portland construction accident lawyer can be of great assistance. They will ensure that your paperwork is free of errors, which are common in filings and can lead to claim denials and delays.
If you receive a claim denial, you have the right to appeal the denial but must do so within 60 days. If you do not have an attorney at the time of your denial, you should find one quickly to help you fight the denial and get approved.
If your claim is accepted, and you agree with the results, the next step is to see about receiving your benefits. However, sometimes a claim is accepted for the wrong condition. For example, you may have a meniscus tear, but the insurer is saying it is a simple sprain. Accepting a lesser diagnosis of your injury means no coverage of the treatment that will actually target your injury.
For this and other reasons, it pays to have a Portland construction accident lawyer managing your claim and all the relevant paperwork. They have the keen eye that is necessary to faithfully navigate the sometimes-complex workers’ comp claims process.
For most construction workers injured on the job, workers’ compensation benefits are temporary and eventually end. However, these workers may experience what is known as an aggravation of their injury and require further treatment. If the aggravation is pathological in nature and leads to work restrictions, the injured person can file for more benefits. However, a five-year time limit to file for these rights begins once your case is closed.
How a Construction Injury Lawyer from Strong Law Can Help
We Take Care of Everything
For every case we take, we carefully determine the extent of our client’s losses and fight to get them what they deserve. Every injury client we take on needs time to heal. With our representation, each one has the time they need to tend to their injuries and rebuild their lives while a construction injury lawyer fights for them at every stage of the compensation process.
The Portland construction injury attorney assigned to your case will oversee every aspect of your claim to maximize your results. Some of the tasks you will not have to worry about include:
- Taking care of paperwork and documents, including filings and communications
- Investigating your construction site accident and collecting appropriate evidence
- Negotiating fiercely for proper compensation and lump sum benefits
- Going all the way to trial when necessary
- Keeping you in the loop and up to date on your case.
Strong Law also gives you a direct line to the Portland construction injury lawyer representing you. You can communicate any concerns or questions you have and expect to be addressed.
Trust Strong Law to get you the compensation you deserve. Call today at (206) 741-1053 and schedule a free consultation with a construction industry lawyer to review your case.
Frequently Asked Questions
Questions regarding construction site accidents and compensation claims are common. Please peruse the answers below to some of the common questions we frequently receive. Feel free to call our office for more answers to your questions from an experienced Portland construction injury lawyer who cares.
How much can I get for my construction accident injury?
It depends. If your compensation comes exclusively from workers’ compensation, you will be entitled to compensation for your medical bills and some of your lost wages.
If you seek compensation through a claim or lawsuit against a third party, you may recover significantly more than what you get from workers’ compensation alone. In any case, you will get a better idea of what your total compensation might be once you meet with a construction injury lawyer.
How much does a Portland construction accident lawyer charge?
It depends. When a Portland construction accident attorney manages the workers’ compensation portion of your claim, they are allowed to charge up to 25% of the compensation they recover for you, up to $50,000. After that, a Portland construction injury attorney may charge up to 10% for any additional award amounts.
When a Portland construction injury attorney represents you against a negligent third party, they will charge a contingency fee based on the amount of compensation they recover for you. Unlike workers’ compensation claims, the percentage a Portland construction injury attorney can charge for their work is not capped by law.
Can I get workers’ compensation and file a lawsuit for negligence?
Yes. There are no prohibitions in place barring you from seeking compensation for your accident from more than one source. In fact, there are various damages that workers’ compensation does not cover that you may be able to recover in a claim for compensation against a third party. However, you cannot file suit against your employer in most cases.
How much time do I have to file a claim for construction site injuries?
If you are seeking workers’ compensation benefits, you should file your claim within one year of the occurrence of the accident that caused your injury. However, you must also give notice to your employer of the injury within 90 days. Failure to give notice within this period can result in an invalid claim.
If you are pursuing a claim or lawsuit against a third party, you have two years after the accident to file suit for compensation. After two years, your claim will likely be invalid unless you qualify for an exception. Our team’s Portland construction industry attorney can review your case to determine whether it is still valid if two years have elapsed.
When should I hire a Portland construction accident lawyer?
You should hire a Portland construction injury attorney as soon as possible after your injury. Time is always of the essence in workers’ comp and construction injury cases. Injury victims who act quickly and retain the services of an experienced Portland construction injury lawyer will typically receive substantially more compensation than victims who delay and do not hire counsel.
How are workers’ comp benefits paid out?
It depends on your case. However, most workers getting time loss payments receive their benefits every 14 days. The benefits are not taxable and, as stated, represent 66 2/3 percent of your average weekly salary.
You may be entitled to a lump-sum payment if you are deemed to have a permanent impairment. Permanent impairments refer to the loss of physical motion or sensation loss, such as blindness, loss of the use of one or more limbs, and other similar injuries.
Contact us for more answers to your questions at any time.