Whether you are filing a construction injury claim or not, it is important to understand the damages that can be claimed. Damages include loss of earning capacity, punitive damages, and damages related to property. The damages that can be claimed can vary, depending on the type of construction that was damaged.
Architects, surveyors, and engineers are responsible for ensuring that the structure is safe
In the construction industry, it is no secret that architects, surveyors, and engineers are responsible for ensuring that the structure is safe in the context of the construction process. This includes making sure that the project is compliant with building codes and other governmental regulatory requirements. Various federal and state agencies have been issuing guidelines and regulations for a long time. The Occupational Health and Safety Administration and the Environmental Protection Agency have issued standards and regulations on pollutants and worker safety.
What damages are available in construction injury cases?
A slew of industry organizations, ranging from the National Fire Protection Association to the American Society of Civil Engineers, have produced standard operating procedures and guidlines aimed at preventing accidents from happening in the first place. Among the best practices is having an emergency response plan in place in case of a catastrophe.
Elevated falls and heavy machinery accidents
Elevated falls and heavy machinery accidents are among the most common types of construction injuries. If you or a loved one has suffered injury in an accident caused by these, you may have legal options. You can pursue compensation with the help of an experienced Workers’ Compensation lawyer.
Construction sites are often filled with giant equipment, making them unsafe environments. Employers and site managers have a responsibility to ensure workers are safe in these areas. Injuries that occur in this type of workplace can have long-lasting and devastating effects.
Whether you have been injured by an elevated fall or heavy machinery accident, it is important to seek medical care immediately. A traumatic brain injury can cause permanent damage. This can prevent you from returning to work.
Loss of earning capacity
Loss of earning capacity damages are awarded to plaintiffs who can no longer earn a living. These are typically catastrophic injuries or debilitating medical conditions.
The term ‘lost’ may be a bit overstated, but loss of earning capacity is a type of damages that can be claimed. It is calculated using current market values and wage rates.
A vocational expert’s testimony can help to quantify this value. By comparing the claimant’s prior employment and future aspirations, the economist can provide a ‘probable’ value of future earnings.
An economist can also calculate the economic impact of lost income. This includes the time missed, as well as the salary, bonuses, and promotions that could have been earned. In addition to the usual data, economists can also compare the claimant’s education and occupation to the data on the labor market.
Punitive damages
Punitive damages in construction injury cases can provide an additional level of compensation to those injured by a construction company’s negligence. However, punitive damages are often difficult to argue for. Nevertheless, they can be awarded in limited situations.
Punitive damages can be awarded in some cases where a person’s actions are extremely offensive or intentional. They are designed to deter others from engaging in similar behavior. This is especially true in cases where compensatory damages are not enough.
In order to receive punitive damages, the plaintiff must demonstrate that the defendant acted with malice or willful indifference. Additionally, the plaintiff must show that the defendant’s management failed to fulfill its duties.
Punitive damages are rarely awarded unless necessary. Typically, they are not awarded in situations where the damage to the plaintiff exceeds one or two times the amount of compensatory damages.
Documentation is essential to file a compensation claim
To file a compensation claim in the construction industry, you need documentation. This includes documents and photographs to support your claim. For the best results, you will want to be proactive and document your claims as soon as possible.
A good starting point is a summary of activities and tasks performed by your tradesmen and women. These include estimates, schedules, and takeoffs. If your crew is involved in a catastrophic event, a photo album and video tape of the incident is a must.
You should also make sure you have a solid protocol for dealing with potential claims. This may mean hiring an attorney or acquainting yourself with a construction insurance broker. The right lawyer will be able to help you find out just how much you are owed in the form of compensation.
