Construction sites are dangerous places. In fact, one out of every five workplace deaths occur in the construction industry, according to the U.S. Bureau of Labor Statistics. More than ⅓ of construction deaths occurred because of slips, trips, and falls including falls to a lower level, and close to half of all fatal falls across all professions occur on construction sites, according to the Bureau of Labor Statistics.
When an injury happens on a construction site, it’s often possible for the victims to obtain compensation. However, there are many complex issues involved in construction accident claims, including who is to blame and whether the case should be resolved under workers’ compensation or personal injury laws.
The Lawyers of Brown and Roberto can provide help in understanding these complicated cases and recovering the compensation that victims deserve. We are ready to put our legal knowledge to work for you, so give us a call or contact us at (865) 691-2777 today to talk with a Knoxville construction accident lawyer who can represent you.
Knoxville Workers’ Compensation Laws
If an injury occurred on the job and a construction worker was hurt, the worker will likely need to recover monetary compensation under Tennesee’s workers’ compensation laws.
As the Tennessee Department of Labor and Workforce Development explains, all construction employers must purchase workers’ compensation coverage. This coverage pays for damages associated with workplace losses, regardless of who was to blame for the incident or whether an employer was negligent in any way that put the worker at risk.
You cannot sue your employer when workers’ compensation laws apply so you will have to pursue your claim through the workers’ compensation system. To make a successful workers’ compensation claim after a construction accident, the accident victim must show:
- An injury happened while performing work duties or an illness developed as a direct result of on-the-job tasks.
- The injury or illness has caused medical issues that necessitate treatment and/or impair your ability to work.
You’ll need to alert your employer to your work-related illness or injury to make your claim. Your employer cannot fire you or retaliate in any way after you report your injury.
Under the workers’ compensation system, you should be entitled to receive:
- Payment of all medical care costs arising from your injury when you receive treatment from an authorized physician. This includes ongoing care costs.
- Temporary disability benefits if you are not able to work to your full potential during your recovery and you lose income because of it. You can be paid full or partial temporary disability benefits depending on the extent of your injury.
- Permanent disability benefits if you will not ever recover fully from your injuries. These can also be full or partial benefits.
A Knoxville workers’ compensation attorney will help you to:
- Show you were hurt on the construction site
- Demonstrate the damages you endured
- Navigate the workers’ compensation claims process.
If your case is denied, you also have the right to go through a multi-stage appeals process, and your Knoxville workplace injury attorney will work with you throughout the steps of this process to fight for the money you deserve.
Construction Accidents and Knoxville Premises Liability Laws
If you are injured on a construction site but are not a construction worker, you will have to make your claim under Tennessee premises liability laws instead of making a workers’ compensation claim. This can include visitors to a construction site or those passing by who are harmed by issues like falling debris or scaffolding accidents.
Under Rice v. Sabir, 979 S.W.2d 305, 308 , the court makes clear that “In premises liability actions… a premises owner’s duty is to exercise “reasonable care with regard to social guests or business invitees in the premises. The duty includes the responsibility to remove or warn against latent or hidden dangerous conditions on the premises of which one was aware or should have been aware through the exercise of reasonable diligence.”
If you were invited to a construction site and harmed by unsafe conditions, you can recover compensation by showing the property owner or occupier failed to exercise reasonable care.
In some cases, even trespassers can recover compensation for injuries on a construction site. Tennessee Code Section 29-34-208 explains that “a possessor of real property owes no duty of care to a trespasser except to refrain from willfully, with negligence so gross as to amount to willfully, intentionally, or wantonly causing injury.”
However, a construction site is an “attractive nuisance,” which can attract children to the property, so property owners can sometimes be held responsible if they fail to take appropriate precautions to prevent harm and a child is hurt while on a construction site uninvited.
How A Construction Accident Attorney Can Help
After a construction accident, there are often added complications when filing a claim. For example, while injured workers can’t sue their employers, they may be able to pursue a civil claim against the manufacturers of faulty equipment at the construction site if a problem with tools or machinery was the direct cause of harm.
Complex issues can also arise as to whether property owners or construction companies are ultimately responsible if a visitor is hurt on the premises.
You need a knowledgeable Knoxville personal injury attorney to help you navigate these and other legal developments that may arise during your case so you can maximize the chances of recovering full and fair compensation.
Get Help From the Construction Accident Lawyers of Brown and Roberto
Whether you are making a workers’ compensation claim or a premises liability claim, you have legal rights after a construction accident.
The Lawyers of Brown and Roberto are here to help. When you work with a Knoxville construction accident attorney at our firm, you’ll have the confidence of knowing we bring decades of experience to the table and have a solid reputation for earning our client’s trust.
To find out more about how we can represent you, contact us at (865) 691-2777 today.