Oregon Construction Accident Lawyer

Oregon’s construction industry is booming, but with that growth comes an increased risk of accidents and injuries. Working on a construction site is inherently dangerous, and when an accident happens, it can have life-altering consequences. This is where the help of the skilled Oregon construction accident lawyers at Paulson Coletti becomes crucial. Having an experienced legal professional by your side can make a significant difference in navigating the complexities of a construction accident claim. Get started with a free consultation by calling us at (503) 862-8712 or contacting us online.

Why Choose Paulson Coletti?

Paulson Coletti Trial Attorneys PC stands out as one of Oregon’s premier trial law firms, specializing in construction accident cases. With a profound understanding of the nuances of construction law and a commitment to justice, our firm has been instrumental in securing justice and substantial compensation for numerous clients. Our approach is client-focused and results-driven, backed by a rich history of significant verdicts and settlements.

Common Types of Construction Accidents

Construction accidents can vary widely, but some types are more common than others. These include:

1. Crane Accidents: Often resulting from mechanical failures or operator errors, crane accidents can cause severe injuries or fatalities.
2. Falls From Scaffolding: A lack of proper safety measures can lead to dangerous falls, resulting in serious injuries.
3. Electrical Burns: These occur due to contact with live wires or electrical equipment, leading to severe burns or electrocution.
4. Machinery Malfunction: Defective or improperly maintained machinery can lead to accidents, causing significant harm to operators and bystanders.
5. Exposure to Harmful Chemicals: Workers are often exposed to hazardous chemicals like asbestos, leading to long-term health issues.
6. Falling Objects: Objects falling from above, such as tools and debris are a common cause of serious injuries and fatalities on construction sites.

Common Types of Construction Accident Injuries

You may be anxious to recover the compensation you deserve but worried that you do not have grounds for a claim. Many construction accident victims worry that their injuries are not serious enough to move forward with a legal claim.

However, keep in mind that it is the significance of your injuries that matters. The severity of an injury can be subjective. There are multiple types of injuries that may initially seem minor but turn out to be profoundly impactful.

At Paulson Coletti Trial Attorneys PC, our clients have reported a wide range of construction accident injuries over the years, such as:

• Electrocution injuries, including third-degree burns.
• Back or neck injuries after falling from elevated heights, such as ladders, scaffolds, or roofs.
• Construction vehicle accident injuries, such as brain damage, paralysis, or broken or fractured bones caused by collisions involving cranes, bulldozers, or other construction vehicles.
• Crushing injuries caused by faulty or misused heavy machinery.
• Frostbite or hypothermia caused by working in dangerously cold conditions.
• Fatal injuries caused by building or trench collapses.
• Full-thickness burns caused by explosions or fires.
• Respiratory conditions caused by exposure to toxic substances or chemicals.
• Heat stroke due to long working hours out in the elements.
• Repetitive stress injuries caused by continuous and repetitive movements and hard labor.

These are only a few examples of injuries and accidents that may result in catastrophic injuries on or near construction sites. If you have suffered another type of injury that was not included above, do not feel discouraged. Instead, start to consider your legal options and turn to a powerful construction accident attorney in Oregon for help navigating the personal injury and workers’ compensation claims processes.

Common Causes of Construction Accidents in Oregon

In Oregon, construction accidents are frequently attributed to a variety of factors, each presenting unique risks and challenges. Understanding these causes is essential for preventing accidents and for legal recourse following an incident.

Some common causes of construction accidents in Oregon include:

• Negligence: This could be on the part of the employer, contractors, or other workers.
• Safety Violations: Failure to adhere to safety regulations often leads to accidents.
• Equipment Failure: Malfunctioning machinery or tools can cause unexpected accidents.
• Lack of Proper Training: Inadequate training for construction workers can lead to mistakes and accidents.
• Hazardous Working Conditions: Construction sites can be inherently dangerous.

Understanding and addressing these issues is crucial for preventing accidents and is a key component of legal strategies in construction accident cases. At Paulson Coletti Trial Attorneys PC, we carefully analyze these aspects to build a strong case for our clients who have been victims of construction accidents.

Understanding Your Rights After a Construction Accident

After a construction accident, understanding your rights is key to ensuring you receive the justice and compensation you deserve:

• The Right to a Safe Work Environment: Workers have a fundamental right to a safe workplace. If this right is violated due to neglect of safety measures, inadequate training, or unreasonably hazardous conditions, it strengthens your case for compensation.
• Federal and State Safety Regulations: At the forefront are the Occupational Safety and Health Administration (OSHA) standards, which set forth comprehensive safety guidelines for construction sites. These regulations are designed to minimize hazards and protect workers from preventable accidents.
• Oregon’s Employer Liability Law (ELL): This state-specific law offers additional protection to construction workers. It holds employers, subcontractors, or other controlling entities liable if their negligence contributed to a worker’s injury.
• Workers’ Compensation vs. Third-Party Claims: While workers’ compensation can provide relief for injured construction workers regardless of fault, it may not cover all the damages resulting from a construction accident, such as pain and suffering or full loss of wages. In some cases, a third-party claim against responsible parties other than your employer (like equipment manufacturers or negligent subcontractors) may be necessary.
• The Right to Legal Representation: Lastly, your right to legal representation is extremely important. An experienced construction accident lawyer can offer guidance, help navigate the complexities of the law, and advocate on your behalf to fight to uphold your rights.

Understanding these rights and protections is fundamental for construction workers. It not only ensures their safety and well-being but also empowers them to take appropriate action if these rights are violated. At Paulson Coletti Trial Attorneys PC, we dedicate our efforts to ensuring that every client understands their rights and options, and we work tirelessly to advocate for their interests both in and out of the courtroom.

Claims Under the Oregon Employer Liability Law (ELL)

The Oregon Employer Liability Law (ELL) was initially passed back in 1910. When employers work in risky or dangerous environments, this statute applies to them. Here, the construction accident victim must be able to prove that the working conditions were risky or dangerous and that the injury was a direct result of this work. Workers must be considered employees of the company for a claim under the ELL to be successful. This means independent contractors will generally not be eligible for compensation due to an ELL violation unless extenuating circumstances apply or the independent contractor has been misclassified.

It may be difficult to tell whether certain types of work activities could be considered dangerous. Essentially, certain types of structures, substances, appliances, electricity, or machinery are considered inherently dangerous. Any work that is proven to involve danger or risk should also be classified as a dangerous job. Your construction accident attorney must be able to prove with powerful supporting evidence that your work was dangerous or risky and that your employer’s violation of the ELL holds them accountable for your damages.

The Oregon Workers’ Compensation statute under ORS Chapter 656 may provide employers with immunity from liability even if the employer was negligent, but if we can show that the employer was in noncompliance with the ELL, we may be able to sue them for negligence and damages.

Do not be surprised if your employer attempts to blame you for the injuries you suffered. Since Oregon follows modified comparative negligence laws per ORS 31.600(1), they may be able to avoid total financial liability if they can put some of the blame on you. If they can position your blame as being greater than 50%, you could be prohibited from moving forward with your case entirely. Fortunately, our team at Paulson Coletti Trial Attorneys PC will be ready to ensure liability has been undeniably established in your case.

The Statute of Limitations for Construction Accident Claims in Oregon

In Oregon, there is a specific time frame within which you can file a lawsuit for a construction accident. Being aware of these time limits is essential to ensure your claim is filed timely and your rights are preserved.

• General Time Frame: In Oregon, the general statute of limitations for personal injury claims, including construction accidents, is two years from the date of the injury. This means that legal action must be initiated within two years of the accident to be considered valid.
• Exceptions and Variations: There are some exceptions to this general rule. For instance, if the injury was not discovered right away, the statute of limitations may begin from the date the injury was or should have been discovered. This is known as the “discovery rule”.
• Workers’ Compensation Claims: Typically, a worker must report the injury to their employer as soon as possible, usually within a few days, and formal workers’ compensation claims must be filed within one year of the accident.
• Claims Against Government Entities: If the claim is against a government entity, such as in cases where a government body may be responsible for a construction site accident, the time frame to file a notice of claim is usually much shorter, often within 180 days of the incident.

Failing to file a lawsuit within the statute of limitations typically results in losing the right to sue. This underscores the importance of consulting with an attorney promptly after a construction accident to ensure all legal actions are taken within the appropriate time frames.

Contact an Experienced Oregon Construction Accident Lawyer

If you or a loved one has been injured in a construction accident in Oregon, you do not have to face the legal challenges alone. Our experienced Oregon construction accident lawyers are committed to fighting for your rights and securing the compensation you deserve. Contact Paulson Coletti Trial Attorneys PC today to discuss your case and take the first step toward justice and recovery.