Demolition, the destruction of an existing building or structure, is inherently dangerous. Workers will use heavy machinery and potentially explosives to break up the structure. One mistake can result in catastrophic injuries. People could be injured from explosions, falling debris, heavy equipment accidents, and more. While the people on the demolition site are at the most risk, bystanders are also subject to injuries.
If you or a loved one are injured in a demolition accident, you may be suffering from severe injuries. Recovery may be painful and time-consuming. Unfortunately, for some, a full recovery is not possible. In addition, these injuries can cause other struggles between expensive medical bills and financial suffrage from missing work. Let us help; our Pensacola demolition accident lawyer could review your case and explain potential remedies. Call Emmanuel Sheppard & Condon today to schedule a consultation with one of our seasoned construction accident attorneys.
Personal Injury or Workers’ Compensation?
There are two potential avenues of recovery after a demolition accident. The one you choose depends on your status at the time of the injury. Suppose you are an employee covered by workers’ compensation and injured during your employment. In that case, you can recover under that insurance program. However, workers’ comp can bar recovery under a personal injury claim.
If you are not an employee covered by workers’ compensation, then you can file a personal injury claim. However, workers may also be able to file personal injury claims, depending on the circumstances of their injury. Suppose someone else’s negligence contributed to their injury, and that person does not share an employer. In that case, the worker can file a suit against that negligent third party. It is possible to have multiple claims for the same injury.
Filing a Workers’ Comp Claim
Filing a workers’ compensation claim should be easier than filing a personal injury lawsuit. This insurance system is no-fault, allowing employees to collect for workplace injuries without demonstrating fault on the part of the employer. However, there are downsides to this system. Recovery amounts are lower under workers’ comp than they would be under a personal injury claim. Plus, the employer gets to direct aspects of medical care, determine when an employee can return to work, and other aspects of recovery.
Just because workers’ comp is supposed to simplify the recovery process does not mean that insurers willingly pay these claims. They can deny the claims for various reasons. They may challenge the nature or extent of your injuries, suggest you are not a covered employee, or allege that you did not follow the rules to file a claim. A Pensacola demolition accident attorney can properly navigate these claims while representing you during a workers’ comp claim.
Filing a Personal Injury Claim
Filing a personal injury lawsuit is more challenging than filing a workers’ comp claim because you must prove that someone was negligent. Gathering evidence becomes a critical part of a claim. However, it also opens the potential for much larger payouts, including compensation for non-economic damages such as trauma, pain, and suffering.
Common Injuries from Demolitions
Demolitions are massive events. They can lead to all sorts of injuries, including:
Demolitions may also lead to toxic chemical exposure, which can create long-term health problems.
Wrongful Death and Survival Actions
Demolition accidents can lead to death. In those instances, the survivors may have a wrongful death claim, a survival action claim, or both. A wrongful death claim is on behalf of the survivors. Its goal is to recover from the losses the survivors experience because of the death. Lost income and loss of consortium are two primary components of a wrongful death claim.
A survival action varies from a wrongful death claim. Instead of compensating for the family’s loss, it is the lawsuit that the victim would have been able to bring if they had survived. These claims do not die with the victim so that a representative can bring survival actions on behalf of the deceased.
A compassionate demolition accident lawyer in Pensacola could help you understand what claims may apply to your circumstances.
Talk to a Pensacola Demolition Accident Attorney About Your Rights
Demolition accidents can be devastating. They may lead to catastrophic injuries or even death, leaving victims and their families reeling in the aftermath. The turmoil can make it challenging to make decisions that protect you and your family. An experienced attorney could help. Schedule a consultation with a Pensacola demolition accident lawyer at Emmanuel Sheppard & Condon to learn more.
