Aggressive Representation for Injured Construction Workers Across North Mississippi
Construction injuries leave workers facing medical bills, lost income, and a maze of overlapping insurance systems. At Chatham Gilder Howell Pittman PLLC, our North Mississippi personal injury attorneys help injured workers pursue every available source of recovery, including Mississippi workers’ compensation benefits and separate third-party claims against negligent contractors, equipment manufacturers, and property owners. We have offices in Southaven, Hernando, and Memphis.
Why Choose Chatham Gilder Howell Pittman PLLC for Your Construction Accident Claim
Construction accident cases sit at the crossroads of workers’ compensation law and personal injury litigation. Mishandling either side can cost an injured worker tens of thousands of dollars in benefits or eliminate a third-party claim entirely. Our firm brings the experience and trial readiness needed to pursue both.
- Legal roots in North Mississippi dating to 1932 and over 100 years of combined attorney experience
- Direct attorney access from intake through resolution
- Trial-ready advocacy when insurers and self-insured employers refuse fair offers
- Multiple attorneys recognized by Super Lawyers, the Million Dollar Advocates Forum, and the National Trial Lawyers Top 100
- Coordinated workers’ compensation and third-party claim strategy under one roof
- Free consultations with no obligation to hire our firm after your meeting with an attorney
- Three offices serving DeSoto, Marshall, Tate, Tunica, and surrounding counties, plus the Memphis metro area
We are the lawyers that listen. Every client gets a real conversation, a clear strategy, and a team that treats your case like it matters, because it does.
Why You Need an Attorney After a North Mississippi Construction Accident
Construction sites involve general contractors, subcontractors, equipment suppliers, property owners, and safety inspectors, often with overlapping responsibilities and contracts that shift blame. Insurance carriers know how to use that complexity to reduce what they pay for injury claims. An attorney untangles it.
Early legal involvement can preserve site evidence before it disappears. An attorney can help you request any available OSHA inspection reports or citations, identify every defendant with insurance coverage, and protect you from making a recorded statement that limits your benefits or claim.
We help you navigate the medical care process, advising on your right to select a treating physician, challenging inappropriate care decisions by the insurance carrier, and ensuring your treatment is properly documented for your claim. Our office handles communication with employers, claims administrators, and third-party adjusters so you can focus on recovery.
At Chatham Gilder Howell Pittman PLLC, our lawyers handle construction accident claims on a contingency basis for third-party personal injury claims. There is no fee unless we recover compensation for you. Workers’ compensation attorney fees are subject to approval by the Mississippi Workers’ Compensation Commission and are regulated by Mississippi law. They are capped at 25% of the total award. In either case, there are no upfront costs for you.
Your Rights as an Injured Construction Worker in Mississippi
Mississippi law gives injured construction workers two distinct paths to compensation, and many claims involve both at once.
Workers’ Compensation Benefits
Mississippi’s workers’ compensation system is a no-fault program administered by the Mississippi Workers’ Compensation Commission. If you are injured on the job, you are generally entitled to benefits regardless of fault, including:
- Medical treatment
- Temporary disability payments at two-thirds of your average weekly wage
- Permanent disability benefits if applicable
- Vocational rehabilitation
- Death benefits for surviving family members
You must report the injury to your employer within 30 days and file a claim with the Commission within the two-year statutory deadline. Missing either deadline can jeopardize your benefits.
Third-Party Personal Injury Claims
Workers’ compensation is the exclusive remedy against your employer in most cases, but it does not block claims against other negligent parties responsible for your injury. A third-party claim allows you to recover damages workers’ comp does not pay, including pain and suffering, full lost earning capacity, and loss of enjoyment of life.
Third-Party Liability in Construction Accident Cases
On a typical construction site, your employer is rarely the only party with potential liability. Identifying every third party is one of the most valuable steps an attorney takes early in a case. Common third-party defendants include:
- General contractors and subcontractors who failed to maintain a safe site
- Property owners who knew about a hazard and failed to address it
- Equipment manufacturers whose machinery was defectively designed or built
- Maintenance companies responsible for tools, scaffolding, or vehicles that failed
- Architects and engineers whose designs created unsafe working conditions
- Trucking companies whose drivers caused on-site collisions
Mississippi follows a pure comparative negligence rule, meaning your recovery is reduced by your share of fault rather than barred entirely. That makes third-party claims viable even when site conditions and worker conduct overlap. We document every layer of the site’s safety chain to push fault onto the parties who actually caused the injury.
Common Causes of North Mississippi Construction Accidents
OSHA tracks four leading causes of construction fatalities, known officially as the “Focus Four” (sometimes called the “Fatal Four”):
- Falls
- Struck-by incidents
- Electrocutions
- Caught-in or caught-between events
Beyond those, our firm handles claims arising from scaffolding collapses, trench cave-ins, defective equipment, motor vehicle crashes inside work zones, unsafe site conditions, and other accidents. Each cause points to different responsible parties and different sources of compensation, which is why early investigation matters.
Steps to Take After a Construction Accident
What you do in the hours and days after a construction injury can determine whether your claim is provable and whether you receive every benefit you are entitled to. Aim for these steps as soon as you safely can:
- Get medical attention immediately, even if injuries seem manageable
- Report the injury to your supervisor and employer in writing within 30 days because Mississippi law requires this notice and delay can put your claim at risk
- Document the scene with photographs, including equipment, hazards, and any safety violations
- Get names and contact information for every coworker, contractor, and witness present
- Save your boots, hardhat, harness, and any damaged equipment as evidence
- Request a copy of the incident report and any OSHA documentation
- Avoid giving recorded statements to insurance adjusters before consulting an attorney
- Contact a North Mississippi construction accident lawyer before agreeing to any settlement
Taking these steps early can preserve critical evidence and protect your right to full compensation. An experienced construction accident attorney can then use this foundation to build a strong claim on your behalf.
Compensation Available to Injured Construction Workers
The full value of a construction accident claim depends on whether you are recovering through workers’ compensation, a third-party lawsuit, or both. Categories of compensation may include:
- Medical care, including surgery, rehabilitation, and ongoing treatment
- Wage-loss benefits during recovery and permanent disability benefits when applicable
- Full lost wages and diminished earning capacity through a third-party claim
- Pain, suffering, and loss of enjoyment of life
- Disfigurement and permanent impairment damages
- Wrongful death damages for surviving family members in fatal cases
Workers’ comp does not pay for pain and suffering, and it caps wage benefits at two-thirds of your average weekly wage. A successful third-party claim can fill those gaps and often produces a far larger total recovery.
Talk to a North Mississippi Construction Accident Lawyer Today
A serious construction injury can change the course of your career and your finances. Contact Chatham Gilder Howell Pittman PLLC for a free consultation at our Southaven, Hernando, or Memphis office. We will review your case, explain your workers’ compensation and third-party options, and start fighting for the full compensation Mississippi law allows.
Frequently Asked Questions
Can I sue my employer after a construction accident in Mississippi?
In most cases, no. Mississippi’s workers’ compensation system is the exclusive remedy against your employer, meaning you cannot bring a personal injury lawsuit against the company you work for. There are narrow exceptions for intentional misconduct, and you can almost always pursue a third-party claim against another contractor, manufacturer, or property owner whose negligence contributed to the accident.
Do I have to choose between workers’ compensation and a third-party lawsuit?
No. You can pursue both at the same time. Workers’ compensation provides immediate medical and wage benefits, while a third-party claim seeks the additional damages workers’ comp does not cover. Mississippi law gives the workers’ comp carrier a right of subrogation in certain third-party recoveries, and an attorney can help you coordinate the two so you keep as much of your settlement as possible.
How long do I have to file a construction accident claim in Mississippi?
Workers’ compensation claims must generally be filed with the Mississippi Workers’ Compensation Commission within two years of the injury. Importantly, Mississippi law requires the injured worker to notify the employer within 30 days of the injury. Third-party personal injury lawsuits in Mississippi are subject to a three-year statute of limitations under state law.
Different deadlines apply when a government entity is involved. The Mississippi Tort Claims Act imposes a one-year statute of limitations and requires a notice of claim at least 90 days before filing suit, so it is important to consult an attorney early to protect every available claim.
