1. I was injured while working at a construction site. Whom can I sue?
You should be able to sue any person or entity whose fault contributed to your injuries other than your employer. Your remedy against your employer is limited to workers' compensation. Your remedy against a general contractor or owner may be limited to cases where you can prove active negligence on behalf of these parties. If your injuries were caused 100% by your own negligence, you may not be entitled to recovery. Contact Gary C. Johnson, P.S.C. today to discuss your unique construction accident injury claim.

2. Can I file a lawsuit against persons or entities that caused my injury even if I am collecting workers' compensation benefits?
Yes. If you can establish that somebody other than your employer at the job site acted negligently and contributed to your injuries, you can still bring a lawsuit although you are collecting workers' compensation benefits. However, your workers' compensation carrier may be entitled to get back some or all of their money out of your recovery against the other responsible parties.

3. What damages are recoverable in construction accident cases?
If you are injured, through no fault of your own, while on a construction site you may be entitled to recover damages for:

• past and future medical expenses,
• past and future wage loss,
• past and future pain and suffering, or
• punitive damages.

If the plaintiff dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the plaintiff's death, as well as emotional distress damages which stem from the loss of society care and comfort of the decedent.

4. What are the statutes of limitations for bringing a construction accident personal injury claim in Kentucky and West Virginia?
A person injured at a construction site or the family of a person killed in a construction accident has one year from the date of the accident to bring a lawsuit in Kentucky. This period may be extended under rare circumstances for late discovery. If a public entity is any way involved, the claim must be brought within six months from the date of the accident. However, in West Virginia, the statute of limitation on any personal injury claim is 2 years from the date of the accident that caused injury.

5. Do I need to retain an attorney in a construction accident case?
Yes. Even if you believe that you were partly responsible for your own injuries or that your employer was solely responsible, it is generally wise to consult an experienced construction accident injury attorney. The law in construction accident cases is complex and you need an attorney who knows his or her way around construction accident litigation. Contact Gary C. Johnson, P.S.C. today to discuss your claim.