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.
The construction industry is an inherently dangerous job. Construction workers face many risks each day. Unfortunately, these risks can cause construction accidents that result in severe injuries and deaths.
Our St. Catharines construction accident lawyers at Findlay Personal Injury Lawyers have extensive experience handling these types of claims. For more than 40 years, our lawyers have represented injured victims in St. Catherines, Ontario. Our legal team has recovered millions of dollars in damages for our clients.
We are available 24/7 to discuss your St. Catharines, ON, construction accident case with you. Contact our attorneys Findlay Personal Injury Lawyers, you can call us at (905) 685-3085 to schedule a free consultation with an experienced St. Catharines construction accident lawyer.
How Our St. Catharines Personal Injury Lawyers Can Help if You’ve Been Injured in an Ontario Construction Accident
If you were hurt on the job in St. Catharines, ON, you could be entitled to compensation for your injuries and damages. The experienced St. Catharines construction accident lawyers of Findlay Personal Injury Lawyers can help you recover the best settlement or jury award possible.
Exploring options beyond workers’ compensation can help you put more money in your pocket. Therefore, we do not stop with a workers’ compensation claim. We analyze your case to determine if you have a third-party claim in addition to workers’ comp.
When you hire our top-rated St. Catharines construction accident lawyers, we handle all aspects of your case, including:
- Completing a thorough investigation to determine how your construction accident occurred
- Monitoring investigations by your employer, insurance companies, and government agencies
- Identifying all parties who could be liable for your damages
- Working with expert witnesses when necessary to gather evidence to strengthen your case
- Documenting your damages to calculate the maximum value of your construction accident claim
- File workers’ comp claims and handle all matters related to those claims
- Pursue insurance claims and lawsuits against third parties
Obtaining maximum compensation for a construction injury could depend on your lawyer’s experience and skills. You need a lawyer with a winning track record and reputation for aggressively representing their clients. We are those lawyers.
Call us today to schedule a free case evaluation with one of our experienced St. Catharines construction accident lawyers.
Common Causes of Construction Accidents in St. Catharines, Ontario
The conditions on a construction site can significantly increase the risk of injury. A worker can be injured in a fall even when strict safety procedures are followed. Workers may also be injured if struck by an object, caught between objects, or caught in machinery.
Our St. Catharines construction accident lawyers handle all types of construction accidents, including but not limited to:
- Gas explosions
- Nail gun accidents
- Scaffolding and ladder accidents
- Electrocution and electrical injuries
- Industrial accidents
- Exposure to hazardous substances
- Crane accidents
- Falling objects
- Heavy machinery accidents
- Building collapse
- Roofing accidents
- Injuries involving defective products
- Welding accidents
- Trenching and excavation accidents
Don’t let at-fault parties get away with hurting you because of their negligence and recklessness. Let our St. Catharines construction accident lawyers help you file claims for your injuries and damages.
Construction Accidents Can Cause Catastrophic Injuries
Construction workers can sustain numerous injuries in an accident at work.
Our lawyers handle all types of construction injuries including, but not limited to:
- Loss of limbs and amputations
- Paralysis and spinal cord injuries
- Broken bones and fractures
- Hearing and vision loss
- Traumatic brain injuries
- Wrongful death
- Severe burns
- Electrical injuries and electrocutions
- Crushing injuries
- Internal organ damage
- Exposure to toxic substances
- Back and neck injuries
A construction injury can result in significant time out of work. It can also cause high medical bills and out-of-pocket expenses. You might require extensive medical treatment, physical therapy, and rehabilitative therapies.
What Compensation Is Available for a Construction Accident in St. Catharines, ON?
Construction workers are often covered by the Workplace Safety and Insurance Act of 1997. Many workers receive workers’ compensation benefits. However, a construction worker may also have a third-party claim for personal injury.
Workers’ Compensation for Construction Accidents
The Workplace Safety and Insurance System (WSIB) covers many types of injuries that could occur on a construction site. Examples of these injuries include accidental injuries, occupational diseases, hearing loss, repetitive stress injuries, and psychological conditions. Injured workers receive medical care for their injuries at no cost to them.
The WSIB pays for loss of earnings benefits if you are out of work because of your construction injuries. Workers injured on or after January 1, 1998, can receive 85% of their average earnings.
If you sustain a permanent injury, you may also receive compensation for your disability. Workers’ comp benefits may also assist in returning to work or training for another job.
However, workers’ compensation does not compensate injured workers for all damages they sustain. Therefore, it is crucial to examine your case to determine if you may have a third-party claim. These claims may pay additional compensation not available in a workers’ compensation case.
Third-Party Construction Accident Claims
A third-party claim is a personal injury lawsuit against a party who negligently or intentionally caused your construction injury.
Examples of third-party claims for a construction accident include, but are not limited to:
- A product liability claim against the manufacturer of a defective tool or machine
- A claim against a general contractor or subcontractor for negligence
- Premises liability claims against a property owner for unsafe conditions
- Claims against architects or engineers for defectively designed buildings
The damages for a personal injury claim can provide substantially more compensation for an injured construction worker.
You could receive compensation for economic and non-economic damages, including:
- Past and future lost wages
- Disfigurement and scarring
- Lost wages and benefits
- Mental anguish and emotional distress
- Physical pain and suffering
- Out-of-pocket expenses
- Rehabilitative therapies
- Impairments and disfigurement
- Loss of enjoyment of life
- Reductions in earning capacity
- Long-term nursing and/or personal care
- Diminished quality of life
Two critical differences exist between workers’ comp and personal injury claims for a construction accident. First, workers’ compensation is a no-fault insurance system. You do not need to prove negligence or other fault to receive compensation for a workers’ comp claim.
Personal injury cases, however, are fault-based. Therefore, you would need to prove fault and liability to recover damages for a third-party personal injury case.
Also, comparative fault applies in personal injury cases. You can be partially to blame for causing a construction injury and still receive your full benefits. However, comparative fault can reduce the amount of money you receive for a third-party claim.
Under Ontario’s comparative fault laws, the court can reduce your compensation by your percentage of fault for a third-party negligence claim. Therefore, if you are 40% at fault for causing your construction injury, you would only receive 60% of the damages for a third-party claim.
What Are the Deadlines for Filing Construction Accident Claims in St. Catharines, Ontario?
The deadlines or statutes of limitations are different for workers’ compensation claims and third-party claims. Generally, you must file a workers’ compensation claim for a construction accident with the WSIB within six months from the date of injury or diagnosis. You should report the injury to your employer or supervisor as soon as possible.
However, the Ontario statute of limitations sets a deadline of two years from the injury date for personal injury claims. Therefore, you would need to file a lawsuit for a construction accident within two years. Some exceptions could change the filing date. It is always best to speak with a St. Catharines construction accident lawyer as soon as possible after an injury.
What Should I Do if I Was Injured in a Construction Accident at Work?
Seek immediate medical treatment from a health professional for a workplace injury. Report the accident to your employer and file a claim with the WSIB before the deadlines expire.
Document your injuries from a construction accident by taking photographs of your injuries. Tell your doctors that your injury resulted from a workplace accident. Photograph and video the accident scene.
As soon as possible, meet with an experienced St. Catharines construction accident lawyer to discuss your case. Understanding your legal options and responsibilities after a construction accident is crucial to protecting your rights to fair compensation for damages.
Schedule a Free Consultation With Our St. Catharines Construction Accident Lawyers
Are you struggling to pay bills and return to work after a construction injury? Has your employer or its insurance provider denied your workers’ comp benefits? If so, you need straightforward, experienced legal advice.
You put your health at risk each day by working at a physically demanding, highly dangerous construction job in St. Catharines, Ontario. At Findlay Personal Injury Lawyers, our legal team diligently works to obtain a fair settlement for you if you are injured on the job. Contact our law office to request a free case review with a St. Catharines construction accident lawyer.