Construction Injury Post-Settlement Funding

Construction workers face death on the job every day. Litigation over construction workers’ injuries is complex, involving technical issues and multiple parties. Possible wrongdoers can include construction site owners, contractors, equipment manufacturers, employers, and workers, making lawsuits expensive and long drawn-out. RD Legal Funding can help by accelerating settled legal fees. To secure immediate post-settlement financing, please fill out the brief online application located to your right. Or you can call RD Legal toll-free at 1-800-565-5177 to speak with one of our legal funding experts.

Construction Workers at Risk

The Centers for Disease Control and Prevention (CDC) launched a national campaign in April 2013, calling on the construction industry to address and reduce falls, fall-related injuries, and fall-related fatalities among construction workers. The CDC reports that in the United States, on average, two construction workers die on the job every day, usually from falls. While the 9.1 million construction workers in this country made up seven percent of the workforce in 2010, they accounted for 17.1 percent of fatal work-related injuries. In 2011, the rate of fatal injuries in construction was the second highest of any U.S. industry. 

Construction workers are generally covered by Workers Compensation for medical treatment and lost wages. In addition, other third parties can be sued if their negligence resulted in construction worker injuries. The property owner and general contractor and in some cases the sub-contractor are responsible for safety of workers at a construction site.
 
The United States Occupational Safety and Health Administration (OSHA), an agency of the United States Department of Labor, was created by Congress under the Occupational Safety and Health Act signed into law by President Richard M. Nixon on December 29, 1970. Some courts hold that negligence is proved if an injury occurs at a construction site that is in violation of an OSHA regulation.
 
Damages in construction worker injury cases can depend on different factors including the laws of the state where the injury occurred. Ordinarily, the injured worker can recover past and future medical expenses, wage loss, and pain and suffering. Punitive damages may also be possible. If the worker died in the accident, the survivors may recover full compensation for their economic losses including damages for loss of society, care, and companionship of their loved one. Statutes of limitations may apply in these cases depending on state law.

According to OSHA, the four greatest hazards leading to construction industry fatalities in 2011 were:

  • Falls: Unstable working surfaces, misuse or failure to use fall protection, and human error are responsible for 35% of total fatalities, 251 out of 721 total deaths in 2011.
  • Struck by object: 73 or 10%.
  • Electrocutions: 67 or 9%.
  • Caught in between: 19 or 3%.

Frequently violated OSHA standards on construction sites include:

  • Trench collapse: Unprotected and inadequately constructed trenches kill dozens and injure hundreds each year.
  • Scaffold collapse: Incorrectly erected or improperly used scaffolds cause an estimated 4,500 injuries and 50 fatalities yearly.
  • Ladders: An estimated 24,882 injuries and as many as 36 fatalities each year are caused by falls on stairways and ladders used in construction.
  • Cranes: When cranes are not used properly or are not inspected before use, workers are injured by overhead loads or caught within the crane’s swing radius. Many fatalities also occur when the crane’s boom or its load line contact overhead power lines.

Injuries common at construction sites include: head, back, neck, spinal cord and traumatic brain injuries, severe burns, broken bones, paralysis amputation, loss of sight and hearing.

Notable settlements of construction injury suits include the 2007 agreement whereby Tropicana Casino and Resorts in Atlantic City and other defendants paid $101 million to settle claims stemming from an October 2003 parking garage collapse that killed four construction workers and seriously injured many others.

Marek Ciepierski, a construction worker injured while climbing scaffolding at a New York City School worksite, received a $2.9 million settlement. He alleged that the only way he had to access the scaffold platform was to climb the cross braces causing him to fall and break four ribs as well as tear his knee and shoulder. As a result, he can no longer work.

RD Legal Provides Funding on Construction Injury Settlements

Post-settlement funding, also known as our Fee Acceleration product, is a cash flow solution for attorneys waiting on slow-paying legal fees. Call RD Legal Funding at 1-800-565-5177 to speak with a legal funding specialist. Or fill out the brief form at the top of this page to begin the application process.

 


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