Nashville Construction Accident Attorneys
Helping Tennessee workers get the justice they deserve
As the son of a laborer permanently disabled by an on-the-job accident, Nashville construction accident lawyer Rocky McElhaney takes the injuries of injured workers very personally. He brings all his years of experience fighting for victims of construction site and other workplace accidents to bear on behalf of clients whose lives have been forever changed through no fault of their own. If you or someone you love was hurt in a Nashville construction accident and now need legal advice on how to recover compensation to keep their family going, the Rocky McElhaney Law Firm can help.
Construction is a dangerous industry
When people think of “construction,” they usually think of buildings. Sure, construction work involves a lot of building, but there are a ton of other jobs in the construction industry that are dangerous:
- Steelwork and sheet metal work
- Assembly lines
- Equipment operators
- Electrical work
- Demolition and explosives
Construction workers are surrounded by heavy equipment, hazardous materials and dangerous work tools, often in a hectic environment with dozens of other people. Even the most careful employee is at risk of serious injury or death due to errors or outright negligence at the construction site.
Construction’s “Fatal Four”
The Occupational Safety and Health Administration (OSHA) reports that in 2017, the most recent year available, there were 5,147 construction worker deaths – about 14 a day, accounting for about 20% of all workplace deaths that year.
OSHA has identified the leading causes of deadly construction accidents, dubbing them the “Fatal Four.” They are:
Just eliminating these four causes of fatal accidents would save close to 600 workers a year, per OSHA.
Common injuries on construction sites
The type and severity of injuries from construction site accidents will vary of course, depending on the nature of the accident. Some of the typical injuries include:
- Broken bones
- Back and neck injuries
Some injuries, however, can be life changing. Catastrophic injuries are the types of injuries that can last a lifetime, and usually require long-term medical treatment, rehabilitation, and other forms of care. These can include:
- Traumatic brain injuries from falls or being hit with objects
- Spinal cord injuries and paralysis from falls or being crushed
- Loss of limb from crushing injuries, usually from heavy machinery
- Permanent loss of hearing or vision
- Organ damage from penetrating injuries
- Wrongful death
Seeking workers’ compensation from a construction-related injury
When employees are injured on the job during the course of their regular work activities, they may be eligible to file for workers’ compensation, which is a no-fault disability compensation system administered by the state. Injured workers are required to report their injury to their employer and then see a doctor right away in the case of an accidental injury. Workers receive a partial wage replacement payment and medical expenses related to the workplace injury. There is also a death benefit for the surviving spouse or family members of workers who die in a work-related accident or from an occupational disease.
And while insurance should compensate victims of construction accidents in their time of need, most insurers do everything possible to delay or outright deny these perfectly legitimate claims.
Filing a personal injury lawsuit after a construction accident
Not all workers can file for workers’ compensation. Independent contractors cannot file, for example. Some employers choose not to carry this insurance in spite of the law, which exposes them to a potential lawsuit. Even if your employer is properly covered, a lawsuit may be an option if a third party other than your employer was responsible for the construction accident. For example, if you were injured because a forklift malfunctioned, the company that manufactured the faulty forklift could potentially be held liable for your injuries. A key to recovery is a good investigation into the facts and circumstances.
How much is my claim worth?
It depends. We can never guarantee an outcome in a personal injury claim for a construction accident, but more severe, life-altering injuries may receive larger compensation packages. This is because more severe injuries usually equate to more severe, and more costly, losses. Depending on your circumstances, you may be entitled to receive:
- Medical expenses, both current and future
- Lost wages, both current and future
- Compensation for property damage, when applicable
- Compensation for pain and suffering
- Burial and funeral expenses
Workers’ compensation, on the other hand, has a set schedule for benefits. Generally speaking, your weekly wage replacement should be 66.67% of what your normal weekly salary is, but other benefits can vary. For July 1, 2019 through June 30, 2020, here is what the breakdown comes to:
- Minimum wage benefits: $144 a week
- Maximum rate, temporary benefits: $1,056 a week
- Maximum rate, permanent benefits: $960 a week
- Total weeks allowed: 450
- Total benefit allowed: $432,000
- Medical benefits: Unlimited
- Burial benefits: $10,000
You may be entitled to additional compensation for vocational training, scarring and disfigurement, and other concerns. Contact us to discuss whether a weekly payout or a lump-sum settlement is best for you.
Whether you need help securing workers’ compensation benefits, your employer failed to carry workers’ compensation, or you are not sure whether you have a valid claim against a third party, contact Rocky McElhaney. Our Nashville construction injury attorneys can evaluate your case and determine who is at fault for your accident, and what legal actions should be taken next.
Let Rocky fight for you after a construction accident in Nashville
Our firm has a tremendous record of successful settlements and jury verdicts, and we welcome the honor and opportunity to represent you if you have suffered an injury due to a construction accident or any other kind of workplace mishap. Call Rocky McElhaney Law Firm at 615-246-5549 or fill out our contact form to schedule a free initial consultation in Nashville or Hendersonville today.