Construction Accidents in Jackson, MS: Legal Facts, Stats and Cases
Construction sites are hazardous and accidents on these sites can be devastating and life changing for workers. In Jackson, MS construction site accidents are complicated and bring financial and emotional burdens to victims and their families. This article will cover the legal landscape of construction site accidents, stats and cases to help you understand the process and the importance of an expert attorney.
Construction Site Accidents in Jackson, MS
Construction site accidents are complicated because of the high risk industry and multiple parties involved. Workers injured on the job have to navigate the Mississippi workers’ compensation system while in some cases they may also have a third-party personal injury claim. Here’s a summary of the legal landscape for construction site accidents in Jackson, MS:
Mississippi Workers Comp Law
In Mississippi, workers’ compensation is the primary remedy for employees injured on the job. The system pays for medical expenses, lost wages and in some cases permanent disability. This is a “no-fault” system meaning employees don’t have to prove their employer was negligent to get benefits. However, the benefits are limited and don’t cover non-economic damages like pain and suffering.
- Medical Benefits: Injured workers are entitled to full coverage of medical treatment including hospital stays, surgeries, physical therapy and medications related to the injury.
- Lost Wages: If the injury prevents the worker from returning to work they may receive wage replacement benefits, usually a portion of their average weekly wage.
- Permanent Disability: For workers who suffer long-term or permanent injuries, compensation for partial or total disability may be available depending on the extent of the injury.
Negligence and Liability in Third-Party Claims
While workers’ compensation benefits provide some relief, they often don’t cover the full extent of damages. That’s where third-party claims come in. In some construction site accidents a third party, such as a contractor, equipment manufacturer or property owner may be responsible for the injury.
- Proving Negligence: In a third-party claim the injured worker must prove the third party was negligent and that their negligence caused the accident. This may involve showing unsafe practices, equipment malfunctions or failure to maintain a safe environment.
- Potential Defendants: Common third-party defendants in construction accident cases are subcontractors, equipment manufacturers (if a defect caused the injury) and property owners who failed to provide a safe working environment.
- Damages in Third-Party Claims: Unlike workers’ compensation a third-party personal injury claim allows the injured worker to recover for both economic and non-economic damages. This includes medical expenses, lost wages, pain and suffering and in some cases punitive damages.
Filing Workers’ Compensation and Third-Party Claims: Process
To file a construction site accident claim workers must follow specific procedures depending on whether they are filing for workers’ compensation benefits or a third-party claim.
- Workers’ Compensation: Injured workers must notify their employer immediately after the accident and file a workers’ compensation claim with the Mississippi Workers’ Compensation Commission. The employer’s insurance company will review the claim and if approved benefits will begin.
- Third-Party Claims: If a third party is liable the worker can file a personal injury lawsuit against that party. This involves gathering evidence, consulting with experts and proving the third party’s negligence caused the accident.
Both have time limits. For workers’ compensation claims must be filed within 2 years of the injury, for third-party claims within 3 years of the accident.
Injured Workers: Economic and Non-Economic Damages
Workers’ compensation benefits are limited and often don’t cover the full extent of an injury especially in cases of permanent disability or long-term care. By filing a third-party claim workers can recover for:
- Economic Damages: Medical expenses, rehabilitation costs and lost wages. Economic damages may also cover future medical needs and long-term care if the worker has permanent disabilities.
- Non-Economic Damages: Pain and suffering, emotional distress and loss of enjoyment of life are non-economic damages not covered by workers’ compensation but can be recovered in a third-party claim.
- Punitive Damages: In cases of gross negligence or intentional misconduct the court may award punitive damages to punish the defendant and deter future behavior.
Construction Site Accidents in Jackson, Mississippi (2023)
Construction site accidents are a big problem in Jackson, Mississippi because construction work is high risk. Looking at the numbers helps us understand the frequency and causes of these accidents and why more safety measures are needed.
Incident Breakdown
In 2023 Jackson had 85 construction site accidents, many of which were severe injuries or fatalities. These accidents were varied in severity from minor to catastrophic that left workers permanently disabled or dead.
Top Causes of Construction Site Accidents
Several factors contribute to the high number of construction site accidents:
- Falls from Heights: The number one cause of construction site accidents, falls from heights, are due to lack of fall protection, improper ladder use or no safety harness.
- Equipment Failures: Malfunctioning heavy equipment like cranes and forklifts can cause severe injuries including amputations, crush injuries and death.
- Struck-By Incidents: Workers being struck by falling objects, vehicles or equipment is a big cause of injury. Better safety measures and equipment maintenance could prevent many of these incidents.
- Caught-In/Between Accidents: These accidents happen when workers get caught between machinery or materials. They can cause devastating injuries including broken bones, spinal injuries and death.
Physical, Emotional and Financial Impact on the Victim
Construction site accidents can cause severe injuries such as broken bones, traumatic brain injuries, spinal cord injuries and amputations. Victims often require extensive medical treatment, rehabilitation and in some cases lifelong care. The emotional and financial impact on the injured worker and their family can be huge causing emotional distress and financial hardship.
Recent Personal Injury CaseLooking at a recent case from the past decade shows the complexity of construction site accident claims and why expert legal help is needed.
Johnson v. Mega Construction Co.
In one case, Michael Johnson a construction worker was severely injured when a crane malfunctioned and a heavy load fell and hit him. Johnson had multiple fractures including a severe traumatic brain injury that left him permanently disabled.
Settlement for the Victim
Johnson and his attorney filed a third-party lawsuit against Mega Construction Co. for negligence in maintaining the crane and safety measures. After a long battle Johnson got a $6.2 million settlement which covered his medical bills, rehabilitation costs, lost wages and pain and suffering.
Changes to Safety Standards and Industry Protocols
As a result of this settlement Mega Construction Co. agreed to implement stricter safety protocols including more frequent equipment inspections and better worker training programs. The case is a good reminder of the importance of following safety regulations and how litigation can improve workplace safety standards.
Construction Site Accident Lawyer
Getting legal help is crucial for construction site accident victims as the claims process is complex especially when multiple parties are involved. Experienced attorneys can help victims navigate the legal system, gather evidence and negotiate settlements.
Case Review and Consultation
In construction site accident claims attorneys conduct a thorough review of the case, gather evidence such as accident reports, witness statements and medical records. They also consult with industry experts like safety engineers and accident reconstructionists to build the case and prove liability.
Negotiating Settlements and Going to Court
Most construction site accident claims are settled. Attorneys negotiate with insurance companies and third parties to get fair compensation. If a fair settlement can’t be reached the case will go to court where the attorney will present the evidence to fight for the victim’s rights.
Helping Clients Through the Process
Legal help goes beyond case review and negotiations. Attorneys help their clients through the process, explain their rights and what’s being done on their behalf. This helps to reduce the stress victims face during the recovery.
What to Do After a Construction Site Accident
What you do after a construction site accident can make a big difference in the claim. Here’s what:
Report the Accident and Get Medical Help
The first thing to do after a construction site accident is to report the incident to your employer and get medical attention regardless of how minor the injuries are. Delayed treatment can worsen the injuries and hurt future claims.
Document the Scene and Gather Evidence for Your Case
Document the accident scene, take pictures and get witness statements to prove liability and build your case.
Contact a Construction Site Accident Attorney
Talk to a construction site accident attorney to understand your rights and options for workers’ comp or third party claims.
File a Claim and Get Compensation for Future Needs
After talking to an attorney file your claim as soon as possible to get compensation for your medical bills, lost wages and future care needs.
Why Keller Swan for Construction Site Accidents
Keller Swan has many years of experience representing clients who have been injured in construction site accidents and will fight for your fair compensation.
Experience in Complex Construction Site Injury Claims
Our attorneys handle construction site accidents and know the intricacies of these cases. We help clients with workers’ comp and third party claims.
Results Oriented
We have gotten fair compensation for many clients, so they get what they deserve and need.
Client Focused and Case Specific
We treat each case individually and provide support and guidance throughout the process.
Call Keller Swan Now
If you or a family member has been injured in a construction site accident in Jackson, Mississippi contact Keller Swan. Our attorneys will work for you and get you the compensation you need. Call now for a free consultation and get started today.
