Construction Accident Injury Attorneys in Topeka

Get the help you need to maximize your accident injury claim resulting from construction sites.

Construction sites are dangerous places. Employees, contractors and people who need to pass through construction sites in Kansas are often exposed to many different dangers and a high potential for accidents.

Safety standards and risk-mitigation measures on construction sites only go so far and, unfortunately, accidents and injuries still frequently occur. Sometimes, this is due to the negligence of one or more parties and, in the gravest cases, serious injury or even fatality can result.

If you’ve been injured on a Topeka construction site due to the negligence of another party, you may be entitled to file a personal injury claim for damages. The construction accident injury lawyers at Irigonegaray & Revenaugh, LLP can help you prove liability, hold the at-fault party responsible and claim the compensation due.

Common types of construction accidents in Kansas

With so many different types of construction sites in Topeka, a variety of injuries can occur. Many of the same types of accidents happen regardless of whether the site is a residential, industrial, commercial or public infrastructure project.

Some of the most common types of construction accidents in Kansas include the following:

• Falls from height or due to uneven surfaces
• Accidents involving construction vehicles (e.g., trucks that transport materials or bulldozers)
• Impact injuries from falling objects
• Collapsing scaffolding or ladders
• Crush injuries from heavy machinery
• Electrocution from contact with power lines or electrical equipment
• Thermal, electrical or chemical burns
• Lacerations from defects to power tools or other equipment/machinery
• Forklift and crane accidents
• Exposure to toxic chemicals
• Trench collapses
• Eye injuries and burns from welding
• Excessive noise, resulting in hearing loss

Construction workers in Kansas must usually report accidents and injuries to their employers, after which a workers’ compensation claim can be made. In such circumstances, a worker is not eligible to file a personal injury claim against their employer.

This means that employees cannot claim damages for pain and suffering and claims for temporary or permanent loss of wages are also limited by state law. However, because it is not necessary to prove fault in workers’ compensation cases, claims generally proceed with fewer hiccups and employees may receive more rapid resolution and payment.

However, the construction site owner also has a duty of care to the general public. If this is breached and results in injuries, legal steps can be taken to recover damages.

Contractors and other non-employees (such as pedestrians, cyclists, drivers, etc.) injured on a construction site may be able to file a personal injury claim. This means that they can seek damages for loss of wages and pain and suffering as well as the medical expenses associated with their injuries. Consequently, such awards are normally significantly higher than workers’ compensation awards.

However, claimants must prove liability and this may require legal assistance. It may also involve some delays in receiving a settlement while a personal injury lawyer follows up with the relevant insurance company of the at-fault party.

Kansas workers who are injured while at their workplace or otherwise performing the duties of their job or who suffer an occupational illness may have the right to file a workers’ compensation claim.

To successfully file a claim, an employee will need to prove that they qualify, which does not apply to most contractors and sub-contractors on construction sites.

The basic difference between the two is that the employer controls the work performance and schedule of an employee while contractors usually work independently.

Eligible employees are entitled to compensation for their medical bills until they reach the stage of maximum medical improvement (where additional medical care is not expected to improve their health). They can also claim for the medical care required to prevent their condition from worsening. In total, therefore, the costs of ER care, surgery, visits to medical professionals, therapist treatments, medical devices and medications can be redeemed.

Additionally, wage loss benefits and the costs of vocational retraining may also be claimed by such employees through workers’ compensation.

Product liability claims are when a manufacturer, distributor or seller of goods is held strictly liable for injuries suffered because of defects in goods purchased. Strictly liable means that it is not necessary to prove negligence in such cases.

On construction sites in Topeka, this often relates to injuries caused by defective tools or machinery used in the construction process. Manufacturers have a duty to ensure their products are safe for all employees and contractors. If the products suffer from poor design, faulty manufacture, unclear or faulty instructions or another defect, the manufacturer or provider can be held liable.

Where a construction site injury results from electrocution, a fall, collapsing equipment and so on, if the product used was faulty or malfunctions, a product liability claim may be filed instead of or in addition to a worker’s compensation claim by the employee.

The circumstances of the accident injury will determine what’s possible. This is best assessed by a qualified attorney.  A personal injury lawyer from ITR Law can help you prove that the product was defective when it was used and that the defect caused your injuries and losses.

The most important factor in determining whether you can file a personal injury claim for construction accident injuries in Kansas is your employee status:

• Injured independent contractors and non-workers can file a personal injury claim.
• Employees can file a personal injury claim for a defective product but in most cases recover compensation for medical expenses for injuries through workers’ compensation.

To be successful, you will need to prove negligence. This usually entails showing that federal, state or local safety standards were not followed or demonstrating carelessness in another respect. A qualified personal injury lawyer experienced in construction accidents can help you assess whether one of the following  parties acted negligently:

• The construction site owner
• Property owner
• The architects
• The engineers
• The contractors
• Another party

In the case of a wrongful death due to an accident on a construction site, family members may be able to claim certain expenses and compensation. Consult a personal injury lawyer to assess your legal options in this case.

Under Kansas Statutes Annotated 60-513, personal injury claims for construction accident injuries in Kansas must generally be filed within two years of the accident. Wrongful death claims must also be filed within two years of the date of death. Beyond the two-year statute of limitations, the court is unlikely to accept your personal injury or wrongful death case.

if you or a loved one has been injured in a construction accident in Topeka, speak to a personal injury lawyer at ITR Law during a free case evaluation. We can advise you of your legal options and assess how best to claim compensation for your injuries.