Analysis of Construction Claims and Damages in Birmingham, AL

In construction, hazards to contracted workers can present themselves in a variety of forms. Everything from heavy machinery, human error, chemicals and electrical equipment can create an unsafe working environment.

When sites are improperly maintained or where safety measures are not properly observed or implemented, the results of a lawsuit involving construction claims and damages in Birmingham, AL usually come at a cost to the detriment of the project.

Workers Compensation Claims and Construction Injuries

Under Alabama law, workers seeking to file a lawsuit against their employer are not permitted to collect non-economic or punitive damages in regards to physical pain, emotional distress, loss of enjoyment of life, or for disfigurement.

Similarly, claimants are restricted from filing civil lawsuits against a co-worker though may collect benefits if their workplace injury was a caused as a direct result of their own negligence.

Common Damages Typically Sought in Construction Claims

If a contractor is injured or comes to harm while on the job, they reserve the right to file a worker’s compensation claim against their employer and may pursue:

  • Actual damages: If a property owner enacts a lien against a contractor after substantial performance and is in breach of agreement, the contractor is entitled to the seek compensation for lost wages, labor, or material expenses.
  • Liquidated damages: Such damages are agreed upon in advance and can be sought where the actual damages caused by a breach are unable to be accurately estimated.
  • Delay damages: A contractor may be entitled to recover damages for any loss due to delays or may be entitled to an extension of time, but no monetary compensation.

Thus, construction claims and damages in Birmingham, AL are a serious issue and may require the attention of experienced attorneys.