Fayetteville Workers Comp Attorney


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Proving Future Expenses After a Construction Accident


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We Fight for Injured Victims in Arkansas Every Single Day

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When a construction worker is injured on the job because of someone else’s negligence they are often left with an incredible amount of medical bills and other negative consequences of their accident. However, this does not mean that an injured construction worker should have to bear all the expenses that stem from their injury. Personal injury laws have been designed as a means for the injured party to recover for their damages.  While some damages are very easy to calculate, how do you put a value on your future expenses from a construction accident?

If you have been injured on a construction site as a result of someone else’s negligence, then you may not be sure how to proceed, or who you should turn to. However, you are not alone. Ken Kieklak, experienced construction accident attorney at Kieklak Law is dedicated to working with you and providing you will aggressive representation.

Common Reasons for Construction Accidents

It is not a secret that working on a construction site and within the construction industry is dangerous. In fact, the construction industry has been repeatedly noted as one of the most dangerous professions to work in. In 2014, the Occupational Safety and Health Administration documented that there were 4,821 workers who lost their lives while working on a job site. However, it is alarming to note that nearly 20.5 percent of those workers were construction workers who worked in the construction industry.

In addition to this depressing statistic that more construction workers are killed in construction accidents every year, the Bureau of Labor Statistics has calculated that the rate of injury for construction workers is around 3.6 per every 100 full-time worker.  Some of the most common reasons for construction accidents include:

  1. Falls – Falls from any height or scaffolding is the number one reason for a construction site injury. In fact, according to the Bureau of Labor Statistics falls from any height or from scaffolding account for nearly 34 percent of injuries and construction site deaths.
  2. Struck by falling objects – Being hit with an object while working on a construction site is another major source of injuries and death in the construction industry. Construction sites are filled with large heavy machinery and tools, which is partially why there are so many injuries from falling objects.
  3. Electric shocks and electrocutions – Construction usually entails some interaction with electrical work. Electricity and wiring should be handled with extreme care, as electrocutions accounted for nearly 8.6 of all construction site deaths.
  4. Caught in between objects – As noted above, one of the dangers or working on a construction site are the large machines that need to be used. In addition to tractors, cranes, and other trucks, construction sites are also filled with material for building and fixing. Constructions workers who are caught in between objects on the construction site account for a small percentage of deaths with only 2.5 percent being contributed to workers being crushed. However, workers who survive being caught between objects will likely sustain serious injuries.

These common reasons for construction site injuries and death have earned themselves the nickname in the construction industry as the “Fatal Four.” However, despite their name, there are many other reasons why a construction worker may be injured on a construction site.  All of these conditions pose an imminent danger to construction workers who often find themselves injured and with no one to turn to. Ken Kieklak, experienced construction accident Attorney at Law is devoted to those who have been injured because of someone’s carelessness, recklessness, or negligence.

Calculating Damages in a Construction Accident

Most construction workers and their employers are very much aware of the dangers on the construction site. However, despite their overwhelming knowledge and the depth of regulations for safety set forth by the Occupational Safety and Health Administration, accidents and injuries happen on construction sites. Sadly, accidents and injuries happen almost every day on construction sites all across the country.

After an accident on a construction site, or in any industry for that matter, there are certain expenses that are very easy to calculate. It can be a matter of simple math to add up all the medical bills you have incurred following an accident. In addition, if you are unable to work, you can calculate how much money you are losing each week because of your accident. The same goes for any property of yours that may have been damaged in a construction accident.  All of these expenses and bills can be put together and added together to reach your past injuries. However, under Arkansas law, you may be entitled to other damages and receive other compensation other than just the past expenses.

While any accident or injury poses the potential for severe harm, the construction industry bears an increased risk of such injury. More construction workers suffer severe injuries that require them to leave the construction industry than almost any other line of work.  While it may be clear to the court and to you how much it would cost to place you financially in the same position you were in before you broke your leg or arm for example, what is not always clear is what the impact of your accident will have on your future. There are certain recoverable expenses that are in a somewhat gray area, however, they are available as a means of compensation, and as a means of providing for an injured worker in the future.  Some of these future type expenses include

  • Pain and suffering – In some cases when the injury is so severe the pain and suffering that a person will endure will extend well beyond the court case. In these instances, the court may award an injured construction worker pain and suffering damages.
  • Emotional distress – When an injury stems from outrageous conduct workers will often suffer from emotional distress. Post Traumatic Stress Disorder or PTSD is a well-documented and serious condition that can cause severe emotional distress. While not every construction worker who is injured will suffer from emotional distress and/or PTSD, when there has been an accident from extreme conduct the chances that a worker will suffer emotionally in the future are increased.
  • Loss of enjoyment of life – Because of the likelihood that a construction worker will not only suffer an injury while working but because their injuries tend to be more severe and debilitating, it is common for construction workers to suffer from a decreased enjoyment from regular activities.
  • Loss of consortium – This is a claim by the spouse or partner of a construction worker. In the event that a construction worker is injured and can longer provide the companionship and partnership, then a spouse or partner may be able to recover.

However, it is not always clear how to put a dollar amount on these types of injuries and damages. However, when you are in an accident on a construction site, these type of damages and compensation are available to you. Unfortunately, there is no easy and clear set way or proving these type of injuries and damages. They require working closely with a skilled personal injury attorney who can help you gather the evidence and proof you need to support your claims.

Injured on a Construction Site? Contact an Arkansas Workers’ Compensation Lawyer

If you have suffered a serious injury or if you have lost a loved one due to the recklessness or carelessness of another, Fayetteville AR personal injury lawyer Ken Kieklak can fight for you. For more than 20 years Ken has stood up for hard-working people who have been injured through no fault of their own. To schedule your free and confidential personal injury consultation call (479) 316-0438 or contact us online.

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