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Portland Construction Accident Lawyer

If you or a loved one works in construction in Portland, Oregon, a workplace accident may be a matter of when, not if. Unfortunately, construction is an extremely dangerous industry – the deadliest in America, according to the Occupational Safety and Health Administration (OSHA). Construction accidents, injuries, and deaths often stem from negligence, such as an unsafe premises, careless employer, or defective product.

At Tillmann Law our Portland construction accident lawyers represent injured construction workers and the family members of the deceased during civil damage claims. We stand by injured accident victims in the pursuit of fair and full financial compensation. Our construction accident attorneys may be able to help you and your family recover for a recent accident, even if you have a complex claim involving catastrophic injuries. Call our Portland office at (503) 272-8986 today to learn more about your claim with a free consultation.

Why Do Clients Choose Tillmann Law?

  • Our construction accident lawyers are caring and compassionate. We see and treat the person behind the personal injury, giving each client the respect he or she deserves.
  • Our attorneys have years of experience representing victims of construction site accidents throughout Oregon. We are not afraid to bring these cases to trial.
  • Our lawyers are responsive to clients’ needs. We aim not only to help victims with their present situations but also to be responsive to their future needs.
  • Our law firm operates on a contingency fee basis. We do not charge upfront to represent clients during Portland construction accident claims.

Construction Accident Resources and FAQs

Why You Need to Hire a Portland Construction Accident Attorney

After a construction accident, it is common for a defendant such as an employer or product manufacturer to try to refute liability. The defendant’s insurance provider may try many different strategies, including bad faith tactics, to get you to settle for as low an amount as possible. Hiring a lawyer can protect you from these techniques. Your lawyer can recognize insurance bad faith and fight back with strategies of his or her own to help you obtain a fair recovery. You can concentrate on healing while entrusting your case and your future to a Portland construction accident lawyer.

Portland Construction Accident Lawyer

Common Types of Construction Accidents

While working on or walking through a construction site in Portland, negligent parties could put you at risk of bodily injuries or illnesses. OSHA keeps track of the most common construction site accidents and their causes. Every year, OSHA agents inspect thousands of worksites in the US for violated safety and health standards. In 2018, construction was the most dangerous industry in the country. Four main types of accidents were responsible for most construction worker deaths: falls, struck-by objects, electrocutions and caught-in/between objects and equipment. Many different hazards could cause serious construction site accidents and injuries.

  • Unsafe scaffolds
  • Structural collapses
  • Broken or defective equipment
  • Toxic or dangerous substances or materials
  • Poorly maintained tools
  • Lack of protective equipment
  • Poor worker training
  • Unsecured materials
  • Electrical hazards
  • Crane collapses
  • Dangerous animals
  • Acts of violence

In 2018, 1,008 construction workers lost their lives on the job in the US. Construction worker deaths accounted for over one-fifth of all on-the-job fatalities in the country. Other parties could also suffer serious injuries due to construction site hazards or defects, resulting in something like a Portland pedestrian accident. Regardless of your role at a construction site when your injury occurred, contact Tillmann Law to discuss your rights. One or more parties may be liable for your damages. Our Portland injury lawyers can investigate your unique case for signs of causation and fault. If you lost a loved one because of a construction accident, you may have a wrongful death lawsuit, learn more about these cases by visiting our Portland wrongful death lawyers page.

Common Portland Construction Accident Injuries

Construction accidents can lead to very serious injuries. Construction workers need to handle heavy tools, machinery, raw materials, and more. Many accidents on construction sites have the potential to be catastrophic.

Common types of injuries in Portland construction accidents include the following.

  • Traumatic brain injuries
  • Hearing loss
  • Neck and back injuries
  • Respiratory diseases 
  • Broken bones and fractures
  • Internal organ damage
  • Damaged or amputated limbs
  • Post-traumatic stress disorder
  • Burn injuries from fires and explosions
  • Spinal cord damage, including paralysis
  • Toxic exposure to dangerous chemicals
  • Damage to muscles, ligaments, and other soft tissues

If you are injured on a Portland construction site, it is important to seek medical attention as soon as possible. These injuries can be life-threatening or result in permanent complications without prompt treatment. Visit a hospital and save all records related to your treatment; they could be valuable evidence for a workers’ compensation claim or lawsuit.

What to Do If There Is a Dangerous Situation at Work

Construction sites must comply with certain safety standards and regulations. Failure to maintain a safe work environment not only puts construction employees at risk of injury, but employers may also face repercussions for their actions.

If you notice a dangerous situation at work, you can file a confidential complaint about your employer to the federal Occupational Safety and Health Administration (OSHA) or the Oregon state OSHA agency. 

After you submit your complaint, the agency will respond by sending an investigator to the construction site. If there is a dangerous situation at work, the agency will instruct your employer to fix it. 

Remember, it is illegal for any employer to retaliate against an employee for engaging in protected activities, like filing an OSHA complaint. If your employer illegally retaliates against you for reporting the hazard, document any evidence of retaliation and bring it to your attorney. 

If you are involved in an accident due to a dangerous situation at work, filing a report with OSHA could be in your best interest. A history of OSHA complaints against your employer could support your future claim.

Who Is Liable in a Portland Construction Accident?

The liable party for a construction site accident refers to the person or entity most responsible for causing the accident in question. It may take assistance from an attorney to identify the liable party in your specific case. At Tillmann Law, our years of experience in construction law give us unique insights into who and what commonly causes these accidents. We could help you identify the liable party in your case.

  • A construction company. Your employer or the construction company in charge of the site could be liable for your damages if guilty of an act of negligence that caused the hazard. If a company failed to properly train its workers, for example, or provide adequate safety measures, it could be responsible for a subsequent accident.
  • A property owner or the government. If a property defect is what caused your injuries, the owner or controller of the land could be liable. This might be the case after an accident such as a slip and fall, dog attack, or exposure to toxic materials. You could have a claim against a private owner or the government depending on whether the accident happened on private or public property.
  • A product manufacturer. Defective and dangerous construction equipment contributes to many industry injuries. You might have a claim against a product manufacturer or distributor for an accident that traces back to a crane collapse, equipment malfunction, or another type of product defect.

A third party could also be liable for your Portland construction accident, such as a negligent driver passing by the construction site, a contractor, a subcontractor, or an individual. Identifying the correct at-fault party or parties is an important step in the process of obtaining fair compensation. The Portland construction accident lawyers at Tillmann Law can help you with this process as well as many others, including proving the defendant’s liability for your damages.

Are You Eligible for Compensation?

You or your family might qualify for financial compensation if your lawyer can prove that someone else owed you a duty of care, failed to meet this duty, and caused your accident and injury. A successful claim could result in payments for your past and future medical bills, pain and suffering, lost wages, property damages, legal fees, wrongful death damages, and more. Discuss the potential value of your specific case with our Portland construction accident attorneys at Tillmann Law today.

Workers’ Compensation vs. Third Party Claims

If you are injured while working on a Portland construction site, you are eligible to file a workers’ compensation claim. Under Oregon law, any business with at least one full- or part-time employee must carry workers’ compensation insurance. Businesses are exempt if they have less than $500 on their payroll over a 30-day period.

Filing a workers’ compensation claim can provide you with many important benefits. However, there are some cases where you may qualify for a third-party lawsuit, even as an employee. The Portland construction accident attorney from Tillmann Law can guide you through your legal options and identify which option is best for your case. 

Oregon Workers’ Compensation Claims

A workers’ compensation claim provides benefits for employees who are injured while performing their duties. If you are injured on a construction site and your employer holds this coverage, you can file a claim and recover the following benefits regardless of fault or negligence.

  • Medical Care: You can recover benefits for the medical treatments required to care for your injury, such as surgeries, doctors’ visits, and medications. 
  • Temporary Disability Payments: If you need to take time off work to care for your injury, you can receive weekly temporary payments as a wage replacement. Temporary disability payments are two-thirds of your gross average weekly wage, up to a maximum set by state law. 
  • Permanent Disability Payments: If you are permanently disabled due to your work injury, you can collect additional benefits. If you cannot work in any capacity, you will receive two-thirds of your average wages for as long as you are not able to work. If you are partially disabled, you could receive a permanent partial disability award based on the severity of your injury. 

Third-Party Claims for Injured Construction Workers

If you are injured while working on a construction site and a negligent third party was responsible for your accident, you may be eligible for a third-party lawsuit. By filing a construction accident lawsuit, you can recover compensation for medical expenses, lost wages, pain and suffering, and any other damages that you experienced.

For example, if you are injured after a subcontractor intentionally pushes you off a scaffold during an argument, you could file a personal injury lawsuit against the subcontractor. If you are injured after a defective piece of machinery malfunctions, you could file a product liability claim against the manufacturer.

Filing a workers’ compensation claim typically prevents you from filing a lawsuit against your employer. However, if your employer does not carry workers’ compensation coverage despite being required by law to do so, you could pursue a lawsuit against him or her.

How Does an Attorney Collect Evidence for My Case? How Do I?

There are several pieces of evidence that could support your future construction accident claim. Medical records, witness statements, photographs, incident reports, and many other documents can establish the sequence of events and prove your right to compensation.

After your accident, take the following steps to collect evidence.

  • Seek emergency medical care and save all records related to your treatment and injuries.
  • Continue to receive treatment under the instruction of your physician and continue to collect relevant documents.
  • If any of your co-workers saw the accident happen, ask for their contact information so that they could testify on your behalf.
  • Report the accident to your employer and complete all required documentation.
  • Save all physical evidence related to the accident, such as the clothing that you wore.
  • If you can, take as many photographs and videos of the accident site, your injuries, and the cause of the accident as soon as possible.

If you are unable to collect this evidence, an attorney from Tillmann Law can help. Your lawyer can conduct a full investigation into the accident and help you identify the pieces of evidence that you need to prove your case. In very complex claims, your attorney can enlist the support of experts who can testify on your behalf. 

How Can I File a Portland Construction Accident Claim?

Filing a claim can feel daunting, but a lawyer can guide you through the process step by step. If you are involved in a Portland construction accident, it is important to remain calm, seek medical care, and contact an attorney at Tillmann Law as soon as you can. 

Filing a Workers’ Compensation Claim in Portland

To file an Oregon workers’ compensation claim, you will need to notify your employer immediately. Your employer will then provide you with Form 801, which you will need to complete in order to report the injury. 

It’s necessary to seek medical care after a workplace injury. At your appointment, inform your doctor that you suffered an injury at work. You and your doctor will then complete Form 827. Your physician must send this form to your employer or your employer’s insurance company within three days.

Your employer will need to accept or deny your workers’ compensation claim within 60 days of receiving notice. If he or she accepts the claim, the insurance company will provide you with a notice of acceptance and an explanation of your benefits. If your employer denies your claim, the company will notify you and you can choose to appeal the decision. 

Filing a Third-Party Construction Accident Claim in Portland

To file a third-party construction accident claim, it is important to consult with an attorney at Tillmann Law as soon as possible. Your lawyer can evaluate your claim and identify whether you are eligible for a lawsuit.

After your injuries reach maximum medical improvement, your lawyer will take the first steps toward filing your lawsuit.

  • First, your attorney may send an initial demand letter to the at-fault party requesting a negotiation. Your case may settle at this stage if the negotiation is successful.
  • If these negotiations are unsuccessful or the letter is not sent, your attorney will file your case in Oregon civil court.
  • Next, you will enter the discovery phase where you and the at-fault party will exchange evidence and depose relevant parties. This process often takes six months to one year.
  • Before trial, you could engage in mediations or negotiations and attempt to come to a settlement with the defendant.
  • If a settlement does not occur, your case will proceed to trial and the court will decide whether you are eligible for compensation. Trials could take less than one day, a few weeks, or longer.

Contact a Portland Construction Accident Lawyer

Protecting your rights by hiring the right lawyer is one of the best decisions you can make after sustaining a serious personal injury or losing a loved one in a construction accident in Portland, Oregon. At Tillmann Law, we are passionate about helping injured construction workers and bystanders fight for maximum financial compensation for their damages. Discuss your case in detail at no cost or obligation when you schedule a free consultation at our local law office. Call (503) 272-8986 today to speak to a Portland construction accident attorney.