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Construction accident law in Florence falls under the broader scope of personal injury law and workers' compensation law. It deals with accidents and injuries that occur on construction sites, primarily focusing on providing compensation to injured workers or individuals affected by construction accidents. When safety regulations are not met or negligence is involved, civil litigation may be possible to recover damages. Also, third party liability claims may arise from construction accidents.
One may require legal help in construction accidents primarily due to several reasons such as understanding the complexity of construction laws, dealing with insurance companies, proving liability, and ensuring the maximization of compensation. A lawyer can help in providing legal advice, investigate the accident, gather necessary evidence, and represent you in court if necessary. Having a lawyer becomes particularly important if the accident has resulted in severe injuries, death, or significant financial loss.
Local laws in Florence regarding construction accidents often revolve around workers' compensation and premises liability. Under Florence law, workers injured on the construction site are usually entitled to workers' compensation benefits, regardless of who is at fault for the accident. In such cases, the injured worker is ineligible to sue the employer. However, if any third-party's negligence contributed to the accident, a separate personal injury lawsuit could be pursued. Safety regulations governed by OSHA (Occupational Safety and Health Administration) play a significant role in determining negligence in these cases.
Compensation may include medical expenses, lost wages, future earnings, pain and suffering, and in some cases punitive damages.
Typically, Florence operates under a two-year statute of limitations for personal injury claims, including construction accidents. It's important to consult with an attorney to understand specific timelines.
Responsibility may lie with various parties including construction site owners, contractors, sub-contractors, machine or equipment manufacturers depending on the circumstance of the accident.
Under most circumstances, you cannot sue your employer due to workers' compensation laws. However, you may have a claim if any third-party's negligence contributed to the accident.
Even if you were partially at fault, you might still be able to claim compensation, but the amount may be reduced. This depends on the rules of comparative negligence practiced in Florence.
The Occupational Safety and Health Administration (OSHA) and the Department of Labor and Industrial Relations are important resources for understanding safety regulations and workers' rights. Local legal aid services may help individuals who cannot afford an attorney.
If you need legal assistance following a construction accident, the initial step should be to reach out to a qualified attorney experienced in construction accident law. Gathering documentation such as medical records, accident reports, and any evidence from the accident scene will be beneficial. It would be prudent to do this as soon as possible, considering the statute of limitations for initiating a claim.
