NOTE: Our law firm does not handle Construction Accidents cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.

Hamilton Construction Accident Lawyer

Were you or a loved one injured in a construction accident in Hamilton, ON? You may be entitled to compensation under workers’ compensation and personal injury laws. Injured construction workers are often entitled to money for medical bills, lost wages, and more. An experienced Hamilton construction accident lawyer can help you overcome any challenges to recover fair compensation for your injuries.

At Findlay Personal Injury Lawyers, we have over 92 years of combined experience handling complex legal cases. Since we founded our law firm in 1981, we’ve helped injured clients recover over $100 million in settlements and verdicts.

Your consultation is completely free of charge–so there’s no risk in learning about how a lawyer can help. Contact our law offices in Hamilton, Ontario, to schedule your free consultation today or call (905) 522 9799.

How Can Findlay Personal Injury Lawyers Help After a Construction Accident in Hamilton, ON?

How Can Findlay Personal Injury Lawyers Help After a Construction Accident in Hamilton, ON?

If you’re a construction worker, you already know you have a dangerous job. You also expect financial protection if you’re injured on the job. 

Unfortunately, the workers’ compensation insurance companies don’t always make it easy. Your right to benefits could be challenged. If your claim is approved, how do you know you’re getting the full compensation you deserve? On top of it all, you may have the right to file a lawsuit for additional compensation.

Our Hamilton personal injury lawyers at Findlay Personal Injury Lawyers can help. 

Our founding lawyer was The Hamilton Spectator 2016 “Reader’s Choice Platinum” winner for personal injury lawyers. Our law firm has also been recognized as the Hamilton Spectator’s “Reader’s Choice Platinum” personal injury law firm.

Our law firm can help with your case by:

  • Investigating and determining the cause of your accident
  • Evaluating your rights under personal injury laws
  • Filing a claim for benefits with the WSIB
  • Defending you if your claim is denied or undervalued

Many injured construction workers don’t know where to turn for help. You can call us anytime to discuss your case and your legal options.

How Common Are Construction Accidents in Canada?

Construction is an extremely dangerous industry. In 2021 alone, 22 construction workers in the Province of Ontario died on the job. Construction injuries are also on the rise in Ontario. In a single year, 357 construction workers were seriously injured on the job.

Unfortunately, more workers die in the construction industry than in any other industry in Ontario. Overall, 31% of all workplace fatalities in the province were in the construction industry.

What Is My Ontario Construction Accident Claim Worth?

The value of your construction accident claim will depend on multiple factors, including:

  • The severity of your injury
  • Whether you are totally disabled or can perform “light duty” during recovery
  • The amount you can safely earn during recovery
  • Your earnings prior to the disability
  • The cost of your medical care
  • Whether you will ever make a full recovery

Workers’ compensation benefits in Ontario are subject to a cap that limits the amount of income replacement benefits you can receive. The amount of the cap changes every year and applies regardless of how much you earned prior to the accident.

What Types of Damages Can Construction Accident Victims Recover in Ontario, CA?

The types of damages that are available will depend on how you seek compensation for your injuries.

Benefits Under Ontario Workers’ Compensation Laws

Nearly all injured construction employees in Canada are entitled to workers’ compensation benefits.

Under workers’ compensation laws, you may be entitled to the following types of benefits:

  • Medical care
  • Income replacement
  • Loss of retirement benefits
  • Return-to-work services
  • Non-economic loss benefits

The benefits you qualify for will depend on the nature of your injuries.

Medical Care

Medical expense coverage for approved claims may include:

  • Hospitalization
  • Follow-up doctor’s appointments
  • Prescriptions 
  • Medical devices and equipment
  • Reasonable travel and accommodation expenses
  • Psychological treatment

You can receive health coverage even if you did not miss time at work because of your construction injuries. 

Return-to-Work Services

Return-to-work services provide resources to help you return to work safely. That may include discussing any accommodations you need in the workplace when you return, recommendations for re-training programs, and more. 

These services are designed to help you understand your rights and responsibilities upon returning to the workplace.

Loss of Earnings and Retirement Benefits

You may be entitled to receive up to 85% of your lost income during your recovery. You may also be entitled to lost wage benefits if you’re only safely able to return to work at a lower earning potential.

You may also be eligible for loss of retirement benefits if:

  • You were under 64 at the time of your workplace injury
  • You received income replacement benefits for at least 12 consecutive months

You can receive retirement loss benefits once you turn 65. You can also allocate part of your lost income benefits toward your retirement benefit before turning 65.

Damages Available in a Successful Personal Injury Lawsuit

Most injured employees cannot sue their employer for damages after a construction accident. That’s true even if your employer was not properly paying premiums to the Workplace Safety and Insurance Board (WSIB). 

However, you may decide to sue a negligent third party who caused your injuries. For example, if a negligent driver caused a car crash while you were on the job, you aren’t barred from suing that driver for damages.

If you’re entitled to file a personal injury lawsuit for damages, you’re entitled to seek compensation for both financial expenses (pecuniary damages) and personal losses (non-pecuniary damages). The types of damages you will receive depend on the types of losses you have experienced due to the injury.

Examples of the types of losses you may have suffered include:

  • Past and future medical expenses
  • Lost wages
  • Reduced earning potential
  • Physical therapy
  • Rehabilitation 
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Anxiety
  • Depression 
  • PTSD
  • Embarrassment 
  • Loss of enjoyment of life
  • Chronic pain
  • Physical disfigurement and scarring
  • Damages for wrongful death if your family member was killed in a construction accident

In other words, you’re entitled to pursue compensation for the full range of damages you have suffered due to the construction injury.

Our Experienced Team Is Here To Fight To Recover Compensation for All of Your Construction Accident Injuries

At Findlay Personal Injury Lawyers, we handle all types of injury claims in Hamilton, including:

While you rest and recover, give our lawyers a call. We’ll work hard to help you get the full compensation you deserve.

What Causes Most Construction Accidents in Hamilton, Ontario?

Construction site accidents happen for many different reasons.

Some of the most common causes of construction accidents include:

  • Failure to follow safety regulations
  • Missing or defective safety equipment
  • Lack of fall protection 
  • Defective scaffolding, work equipment, or tools
  • Failure to train employees properly
  • Negligent hiring practices
  • Communication failures
  • Dangerous premises 
  • Negligent property maintenance
  • Failure to properly maintain work equipment and tools

At Findlay Personal Injury Lawyers, we can help if your injuries and accident occurred because of:

  • Scaffolding accidents
  • Building collapse
  • Scaffolding collapse
  • Slip and fall accidents
  • Fires and explosions
  • Roof and ladder falls
  • Car accidents
  • Defective work tools or equipment
  • Electric shock
  • Electrocution
  • Nail gun accidents
  • Trenching accidents
  • Excavation accidents
  • Forklift accidents
  • Crane accidents
  • Exposure to toxic substances
  • Trucking accidents

Regardless of the circumstances, our construction lawyers in Hamilton are here to help you file a claim and fight for fair compensation. Don’t rely on a lawyer directory. Call our law firm or use our contact form today for legal advice.

How Do I Prove I’m Entitled to Financial Compensation After a Construction Accident in Ontario? 

To recover workers’ compensation benefits, you must prove that your injuries occurred in the course of employment.

In personal injury cases, you must establish fault. Typically, that means proving negligence. Negligence is conduct that creates an unreasonable risk of harm. 

The elements of negligence in Canada are:

  • The defendant had a duty of care
  • They breached the duty by failing to satisfy the “reasonable person” standard of care
  • The plaintiff suffered damages
  • The defendant’s acts caused those damages 

These elements can be difficult to prove. Our lawyers are up to the challenge. If you have questions about your right to compensation, contact us for a free case review today.

How Long Do I Have To File a Lawsuit After a Construction Accident in Ontario?

You must report your injury to your employer. You must also report your injury to the WSIB six months after the date of your injury or six months after being diagnosed with a work-related illness.

If you’re entitled to file a lawsuit for additional damages, you have two years from the date of your injury or diagnosis to take legal action in Ontario.

Contact an Experienced Hamilton Construction Accident Lawyer for a Free Consultation Today

At Findlay Personal Injury Lawyers, we have decades of experience advocating for clients like you. Contact us today to learn how a Hamilton construction accident lawyer can help with your case.

Our personal injury law firm in Hamilton, ON also handles:

Findlay Personal Injury Lawyers – Hamilton, ON
20 Hughson St S #510, Hamilton, ON L8N 2A1
(905) 522 9799