Construction sites are full of hazards: heavy machinery, power tools, and unfinished structures make accidents almost inevitable. According to the Bureau of Labor Statistics, Oregon workplace fatalities in 2022 increased significantly over the previous year, with specialty trade contractors and heavy engineering construction subsectors each accounting for four of the 11 fatal workplace accidents reported.
When they happen, these on-the-job injuries can leave you with mounting medical bills, lost wages, and anxiety about the future. This is why, at Harris Velázquez Gibbens, PC, we fight hard for injured construction workers. If unsafe conditions, faulty equipment, or negligence caused your catastrophic injury, we’re here to protect your right to compensation.
Why Hire Us for Your Construction Accident Claim in Oregon?
After a construction accident, you’re going to have a lot of questions. Who pays your medical bills and lost wages while you’re recovering? What if they deny your claim? At Harris Velázquez Gibbens, PC, our team fights aggressively for injured workers to get the maximum compensation possible. Here’s why we’re the right choice:
- We Know Oregon Construction Laws: Construction accident claims involve strict safety rules and employer liability laws. With years of extensive experience handling these cases, our personal injury lawyers know how to hold negligent parties accountable and get you results.
- We Fight for Every Dollar You Deserve: Workers’ compensation insurance companies will try to settle for less than you need. We push back. From medical expenses to lost wages and pain and suffering, we build a strong case to make sure you receive full and fair compensation.
- We Go Beyond Workers’ Compensation: If your injury was caused by a contractor, equipment manufacturer, or another third party, you may be entitled to additional compensation beyond workers’ comp. We investigate every possible claim to maximize your recovery.
- We Handle Employer Liability Law (ELL) Claims: Oregon’s Employer Liability Law (ELL) holds employers to a higher safety standard. If your employer controlled the job site and failed to follow proper safety measures, you may have a stronger claim than just workers’ comp. We understand ELL claims and know how to use this law to your advantage.
- No Upfront Costs: You Only Pay If We Win: Worried about legal fees? You don’t have to be. We work on a contingency fee basis, which means you pay nothing unless we win your case.
Who Pays Your Bills After a Construction Accident?
A serious construction injury can leave you with sky-high medical bills and lost wages. If you’re wondering who pays for what, the answer depends on who was responsible and what insurance applies to your case. Here’s an overview of who might be on the hook for your expenses.
Workers’ Compensation Claim
If you’re a construction employee, your employer’s workers’ comp insurance should cover:
- Medical expenses such as emergency care, doctor visits, surgeries, rehab, and medication.
- Partial wage replacement in the form of weekly wage payments.
- Disability benefits if a permanent impairment prevents you from returning to work.
Workers’ comp doesn’t cover pain and suffering or emotional trauma, and it won’t always replace your full lost wages. Plus, workers’ compensation claims can be denied or delayed, making it harder to get the help you need right away.
Personal Injury Claim
Workers’ comp only applies to your direct employer. If someone else caused your construction site accident, you may be able to file a third-party claim. Possible liable parties include but may not be limited to:
- Subcontractors or general contractors (if another company’s worker acted negligently).
- Equipment manufacturers (if defective tools, machinery, or safety gear played a role in your workplace accident).
- Property owners if unsafe job site conditions contributed to your preventable accident.
Unlike workers’ comp, a personal injury lawsuit allows you to seek full lost wages, pain and suffering, and other damages.
Employer Liability Law (ELL) Claim
Oregon’s Employer Liability Law (ELL) provides another legal option if your employer had control over the job site but failed to follow proper safety procedures. ELL claims can offer more compensation than workers’ comp, including:
- Full lost wages (not just the partial amount covered by workers’ comp).
- Pain and suffering damages, which is something workers’ comp doesn’t provide.
- Accountability for unsafe working conditions, which could prevent future accidents.
ELL claims require proof that your employer controlled the worksite and failed to ensure safety, which can be difficult to acquire. Fortunately, we know how to build strong cases that hold employers accountable.
Personal Health Insurance
If workers’ comp denies or delays your claim, your personal health insurance may cover some of your medical costs. However, you may still have out-of-pocket expenses, such as copays and deductibles, and if you win a settlement, your health insurance provider may require you to pay them back for covered expenses.
What If None of These Cover Everything?
Even with workers’ comp, health insurance, and potential lawsuits, some injured workers still struggle financially. At Harris Velázquez Gibbens, PC, we understand that medical bills don’t wait, and neither should you. We’ll help you identify every possible source of compensation and fight to get your bills paid.
Common Types of Construction Accident Injuries
Construction sites are some of the most hazardous workplaces, and when accidents happen, the injuries can be severe. Some workers recover after a short time, while others face long-term disabilities that affect their ability to work and live normally. Here’s a closer look at some of the most common (and most serious) construction injuries.
Falls
Falls are the number one cause of fatal construction accidents. Workers regularly climb scaffolding, ladders, and rooftops, often at dangerous heights. A fall from just a few feet can cause traumatic brain injuries (TBIs), spinal cord injuries, broken bones, internal injuries, and even wrongful death. Common causes of falls on construction sites include lack of proper fall protection (harnesses, guardrails, safety nets), slippery or uneven surfaces, faulty ladders, or unsafe scaffolding.
Struck-By Accidents
A “struck-by” accident occurs when a worker is hit by a moving object, such as a falling tool, swinging equipment, or even a vehicle. These accidents are one of OSHA’s “Fatal Four” in the construction industry. Common causes include falling tools or materials, swinging crane loads, moving construction vehicles, and explosions or flying debris from power tools or compressed air equipment.
Electrocution
Construction sites have exposed wiring, overhead power lines, and electrical equipment that pose serious risks for electrical shock. Many workers don’t even realize a wire is live until it’s too late and they’ve suffered severe injuries like electrical burns, cardiac arrest, or nerve damage.
Machinery Accidents
Construction workers frequently operate forklifts, cranes, bulldozers, jackhammers, and saws. One small mistake (or a piece of defective equipment) can cause devastating harm like crush injuries, severe fractures, and even traumatic brain injuries: If a worker is thrown from a machine or struck by heavy equipment, they may suffer permanent brain damage.
Trench or Structure Collapses
Trenches and unfinished structures can collapse without warning, trapping workers under thousands of pounds of dirt, concrete, or debris. These accidents are often fatal if the victims aren’t rescued immediately. Even when help arrives in time, the outcome often includes crush injuries, suffocation, spinal cord injuries, and paralysis.
What to Do After a Construction Accident
What you do in the hours and days following a construction accident can impact both your recovery and your ability to seek financial compensation. Below is an outline of recommended next steps.
Seek Medical Attention Immediately
Your health is the top priority. Even if you think your injury is minor, see a doctor as soon as possible. Some construction site injuries, like concussions, internal bleeding, or spinal damage, may not show symptoms right away but can worsen over time. Getting medical care right away not only ensures proper treatment but also creates an official record of your injuries, which is critical if you need to file a legal claim later.
Report the Incident to Your Employer
As soon as possible, notify your supervisor, site manager, or employer about the accident. Under Oregon law, workplace injuries must be reported within a certain timeframe to qualify for workers’ compensation benefits. If you fail to report the incident promptly, the construction company or their insurance carrier may try to deny your claim, arguing that the injury happened elsewhere or wasn’t serious enough to warrant compensation. Make sure to report the accident in writing and keep a copy for your records.
Document Everything
The more evidence you collect, the stronger your case will be. If you’re physically able, take photos or videos of the accident scene, including any unsafe conditions, damaged equipment, or lack of safety measures. You should also get contact information for any coworkers or bystanders who witnessed the accident, as they can confirm what happened.
Don’t Sign Anything Without Legal Advice
After a construction accident, insurance companies may contact you with a quick settlement offer. While it might be tempting to accept, these early offers are often far lower than what you actually deserve. Once you sign a settlement agreement, you may lose your right to pursue further compensation, even if your medical bills continue to grow. Before signing any documents or agreeing to a settlement, speak with a construction accident attorney.
Consult an Oregon Construction Accident Lawyer
Filing a claim after a construction injury can be complicated, especially if multiple parties (such as subcontractors, property owners, or equipment manufacturers) may be responsible. An experienced construction accident lawyer can help you determine whether you qualify for additional compensation beyond workers’ compensation and negotiate with insurance companies on your behalf. The sooner you seek legal advice, the better your chances of securing the full compensation you need to recover.
Questions? Speak to an Experienced Oregon Construction Accident Lawyer
When you’ve been injured in a construction accident, you shouldn’t have to worry about medical bills, lost wages, and legal measures while trying to recover. At Harris Velázquez Gibbens, PC, we do all the hard work so you can concentrate on recovering. For more information about our legal services or to schedule an initial consultation with a personal injury attorney, contact us today.
