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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Construction Accident in Ohio - A Guide

When it comes to hazardous working environments, construction sites are among the most dangerous places to be. In a growing city such as Cincinnati, with its booming construction industry, a serious construction accident is a regular occurrence.


Despite improvements in occupational safety and hygiene, construction sites still account for a high number of lawsuits handled by Ohio personal injury lawyers.


Fortunately, the law is often on the side of workers injured in a construction accident, and with a good attorney by their side, victims can receive the compensation they deserve.


Schuerger Shunnarah Trial Attorneys is waiting to discuss potential damages injured workers can get. Ohio's top construction accident lawyers are available for a free consultation today. They can also advise on how to file a lawsuit for pedestrian accident in Ohio.


Common Causes of Construction Site Accidents

Common Causes of Construction Site Accidents


Many construction accidents happen through no fault of the injured workers, which is why they are entitled to fair compensation from the liable parties.


Crane accidents, roof falls, bulldozer crashes, window washer falls, and welding burns are some of the common types of accidents on construction sites.


The following are some of the common causes of construction site accidents in Ohio:


  • Transportation incidents

  • Fires and explosions

  • Contact with objects and equipment

  • Exposure to harmful chemicals, hazardous materials, or dangerous environments

  • Violence and injuries by other persons or animals

  • Falls, slips, and trips

  • Electrocution

For more information, a construction accident lawyer in Cincinnati may be able to help.

Injuries Construction Workers Can Suffer


Construction accidents have the potential to cause severe injuries or even death. This is why the law takes such incidents very seriously. The following are common injuries that can occur at a construction site:


  • Vision and hearing injuries

  • Burns

  • Electrocutions

  • Spinal cord injuries

  • Traumatic brain injuries

  • Back injuries

  • Neck injuries

  • Broken bones

  • Amputations or mangled limbs

  • Soft tissue injuries

  • Cuts, bruises, and lacerations


What the Law Says Regarding Construction Accidents


When working on a construction site, it may seem that there is a rule for everything that workers do. This is because of the dangerous environment workers will be constantly exposed to.


As such, Ohio laws are structured to help regulate how long workers can work without resting, the type of safety equipment they require, the legal duty of the employer to safeguard workers, and various codes of conduct for construction sites.


While some laws and regulations may vary from state to state, some federal requirements apply to every construction site in the country. The Occupational Health & Safety Administration (OSHA) is the most important federal governing body in the construction industry.


Damages in an Ohio Construction Accident


Workers injured in a construction accident are entitled to seek damages for any of the following losses they may have suffered:


  • Medical bills

  • Lost wages

  • Cost of future medical care

  • Wrongful death

  • Pain and suffering

  • Permanent disability

  • Loss of earning potential

  • Loss of companionship


Benefits From a Workers' Compensation Claim


The Ohio workers' compensation system allows construction workers injured on the job to receive benefits for a variety of things, such as medical expenses and temporary or permanent disability.


Medical benefits are designed to cover all expenses related to a workplace injury, such as doctor's visits, prescription medications, and surgeries. Workers who travel more than 45 miles to seek medical care can also receive compensation for mileage and lodging.


What to Do to Receive Benefits From a Workers' Comp Claim


The two most important things that an injured worker needs to prove to recover compensation are that the injury occurred while they were on the job and that they were engaged in work-related activities.


However, the workers do not always have to be on the construction site to be eligible for workers' compensation benefits. If they were driving from one location to another as part of their regular duties, for example, they are still entitled to file for compensation.


How to File a Lawsuit for Construction Accident in Ohio


The following are six crucial steps that can determine the outcome of workers' compensation claims:


1. Seek Medical Attention

Before doing anything else, workers should seek proper assistance from a medical professional soon after the construction accident. Their health and safety should be the primary concern.


2. Report the Incident to the Employer

Next, the incident has to be reported to the employer so that they can start their investigations and notify the Ohio Bureau of Workers' Compensation (BWC) if needed.


3. Gather Evidence

The injured worker can gather any evidence they feel may be helpful in their workers' compensation claim. This includes incident reports and photographs of the accident scene.


4. Talk to Witnesses

If there were any witnesses to the accident, such as fellow employees, the worker must note down their names and contact details for their attorney.


5. Submit a Claim

A claim must be submitted to the Ohio Bureau of Workers’ Compensation (BWC), and within 28 days, a decision will be made whether to award compensation benefits to the injured worker or not.


6. Talk to Construction Accident Attorneys

If compensation is denied, an appeal can be filed within 14 days. This would be a good time for any Ohio construction worker to consider hiring a Cincinnati or Columbus construction accident lawyer.


What Can Ohio Construction Accident Lawyers Do for Injured Workers?


Besides knowing how to file a lawsuit for a construction accident in Ohio, a reputable law firm can help win a case against employers, insurance companies, or a workers' comp system refusing to provide benefits.


Construction accident victims can receive advice on their legal options and have representation when they go for hearings or settlement negotiations.


Can Family Members File a Wrongful Death Claim?


If an injured worker succumbs to their injuries, the remaining family members are entitled to file a wrongful death lawsuit against the responsible parties. They can be awarded financial compensation for the loss of earnings the deceased would have received as well as their emotional distress.


What’s the Ohio Statute of Limitation for a Construction Injury?


The Ohio statute of limitations allows one year to file a workers' compensation claim and two years for a personal injury lawsuit from the date the construction accident occurred.


Who Are the Liable Parties in Construction Accident Cases?

Who Are the Liable Parties in Construction Accident Cases?


In a construction accident, the employer is not always the one to blame. There can be a variety of liable parties to sue for the injuries the worker sustained, such as:


  • The owner of the construction site

  • Contractors

  • Equipment manufacturers


Dealing With Construction Accident Cases Requires a Good Attorney


Winning an Ohio construction accident case can, at times, be complicated. If the insurance company or other liable parties refuse to pay, the case may need to go to court.


This is where victims will need the help of an experienced construction accident attorney. Schuerger Shunnarah Trial Attorneys has such lawyers and they are available for a free consultation at their Cincinnati law firm today.

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