Construction Accident Lawyer in Biloxi, MS

The construction industry consistently ranks among Mississippi’s most dangerous occupations, with workers facing life-threatening hazards that result in thousands of catastrophic injuries annually. In 2023, the Bureau of Labor Statistics reported that one in five workplace deaths occurred in construction.

This is a sobering reminder that even routine tasks on Biloxi job sites can lead to permanent disabilities, devastating medical bills, and months away from work that require help from our experienced Biloxi construction accident lawyers.

While employers and contractors have legal obligations to maintain safe working conditions, violations remain common, and injured workers often discover their path to fair compensation involves more than just filing a workers’ compensation claim.

Understanding your legal rights after a construction accident, including potential third-party claims against negligent contractors, property owners, or equipment manufacturers, can mean the difference between struggling financially and securing the resources you need to rebuild your life.

Were You Hurt on a Construction Site in Biloxi?

Construction work puts you at serious risk every day. You face dangers from heavy machinery, electrical hazards, and falls from heights on projects across Biloxi’s shipyards, casino developments, and hurricane recovery sites.

When an accident happens, you may suffer broken bones, head injuries, spinal damage, or other life-changing injuries that require extensive medical treatment.

Mississippi law gives you several ways to seek compensation beyond just workers’ compensation. You may have claims against multiple parties who contributed to your accident. At Maloney-Lyons Personal Injury & Car Accident Lawyers, we investigate every possible source of recovery to maximize your compensation.

Call (228) 400-0146 now for a free case evaluation with an experienced Biloxi construction accident attorney.

What Should I Do After a Construction Accident?

The actions you take immediately after your accident can make or break your case. Quick thinking protects both your health and your legal rights.

Step 1: Report the Injury Within 30 Days

Mississippi requires you to notify your employer about work injuries within 30 days. This notification must be in writing to create a proper record. Verbal reports should always be followed by written documentation to avoid disputes later.

Late reporting can destroy your workers’ compensation claim entirely. Insurance companies use missed deadlines as their first line of defense against paying benefits.

Step 2: Get Medical Care and Document Everything

See a doctor immediately, even if your injuries seem minor. Some serious conditions like concussions or internal bleeding don’t show symptoms right away. Waiting to get treatment gives insurance companies ammunition to argue your injuries weren’t severe.

Understanding how to document your injuries for a stronger personal injury case is essential—keep detailed records of every medical appointment, prescription, and work restriction. These documents become crucial evidence when calculating your damages.

Step 3: Preserve Evidence From the Jobsite

Take photos and videos of the accident scene if you’re able. Capture images of any defective equipment, unsafe conditions, or hazards that contributed to your injury.

• Witness information: Get names and phone numbers of anyone who saw the accident
• Equipment details: Record serial numbers and model information of any machinery involved
• Site conditions: Document weather, lighting, and any safety violations you observe

Step 4: Call a Biloxi Construction Accident Lawyer

Contact our experienced Biloxi personal injury attorneys as soon as possible. Insurance companies move quickly to protect their interests, and you need someone fighting for yours from day one.

An attorney handles all communication with insurers and prevents you from making statements that could hurt your case. We also launch immediate investigations while evidence is still fresh and available.

Do I Have a Workers’ Comp or Third-Party Claim?

Most injured construction workers don’t realize they may have multiple claims for the same accident. Workers’ compensation is just one potential source of recovery.

Workers’ compensation is a no-fault system that provides limited benefits regardless of who caused your accident. Third-party claims allow you to sue negligent parties other than your direct employer for full damages.

Claim Type	Workers’ Compensation	Third-Party Lawsuit
Who You Sue	Your employer’s insurance	Negligent contractors, manufacturers, property owners
Proof Required	Injury occurred at work	Negligence caused your injury
Damages Available	Medical bills, partial wages	Full medical costs, complete wage loss, pain and suffering

Workers’ Compensation Benefits in Mississippi

Workers’ comp covers all reasonable medical treatment related to your injury. You also receive disability payments based on a percentage of your average weekly wage. The system provides vocational rehabilitation if you can’t return to your previous job.

Mississippi limits temporary disability benefits to 450 weeks maximum. Permanent disability benefits may continue longer depending on your injury’s severity.

Third-Party Claims Against Negligent Companies

If someone other than your employer caused your accident, you can file a separate lawsuit against them. This commonly happens when subcontractors, equipment operators, or property owners act negligently—one of the top reasons to hire a personal injury lawyer on the Gulf Coast who understands these complex multi-party claims.

For example, if an electrician from another company fails to properly shut off power and you’re electrocuted, you can sue that electrical contractor while also receiving workers’ comp benefits.

Who Is Liable for a Construction Accident in Mississippi?

Construction sites involve multiple companies and workers, creating numerous opportunities for negligence. Our investigation identifies every party whose carelessness contributed to your injuries.

General Contractors and Subcontractors

General contractors have overall responsibility for site safety and coordination between different trades. They must ensure all subcontractors follow safety protocols and maintain safe working conditions.

Subcontractors can be liable when their specific work creates hazards for other workers. This includes failing to secure materials, operating equipment unsafely, or creating dangerous conditions.

Property Owners and Developers

Under Mississippi premises liability law, property owners have a duty to warn workers about known hazards on their land. They can be held responsible for injuries caused by dangerous conditions they knew about but failed to address.

Developers who rush construction schedules or cut safety corners to save money may face liability when their decisions lead to accidents.

Equipment Manufacturers and Suppliers

Defective tools, machinery, and safety equipment cause numerous construction injuries. When products fail due to design flaws or manufacturing defects, you can sue the manufacturer regardless of workers’ comp coverage.

• Power tools: Saws, drills, and grinders with safety defects
• Heavy machinery: Cranes, forklifts, and excavators with mechanical failures
• Safety equipment: Defective harnesses, helmets, or fall protection systems

Architects and Engineers

Design professionals can face liability when their plans create inherently dangerous conditions or fail to account for worker safety. Structural failures, inadequate load calculations, and poor site planning may support claims against these parties.

What Causes Construction Accidents on Biloxi Sites?

Understanding common accident causes helps identify potential defendants in your case. OSHA tracks the leading causes of construction fatalities nationwide.

Falls represent the biggest danger on construction sites. Workers fall from ladders, scaffolding, roofs, and other elevated surfaces when safety equipment fails or isn’t used properly. Struck-by-object accidents happen when tools or materials fall from above or when vehicles and equipment strike workers, including serious injuries from truck accidents involving delivery and construction vehicles on job sites.

Electrocution occurs through contact with power lines, faulty wiring, or defective electrical equipment. Caught-in or caught-between accidents involve workers being crushed by heavy objects, pinned by equipment, or trapped in trench collapses.

Biloxi’s unique construction environment creates additional risks. Maritime projects near the coast involve specialized hazards from working around water and marine equipment. Hurricane damage repair work often requires workers to deal with structurally compromised buildings and debris, creating unique risks that may lead to hurricane-related injury claims.

Can an Independent Contractor File a Claim?

Independent contractors cannot receive workers’ compensation benefits, but this limitation actually opens more legal options. You can file personal injury lawsuits directly against any negligent party who caused your accident.

The distinction between employee and independent contractor isn’t always clear. Courts look at factors like who controls your work methods, provides tools and equipment, and determines your schedule.

If you’re misclassified as an independent contractor when you should be an employee, you may be entitled to both workers’ comp benefits and the right to sue negligent third parties. A Biloxi construction injury lawyer can review your work arrangement to determine your proper classification.

What If Faulty Equipment Caused the Injury?

Product liability claims arise when defective equipment causes your injury. These claims run separately from workers’ compensation and can provide significant additional recovery.

Manufacturers have strict liability for products with design defects, manufacturing flaws, or inadequate safety warnings. This means you don’t need to prove negligence, just that the product was unreasonably dangerous.

Preserving the defective equipment as evidence is critical in these cases. Don’t allow anyone to repair, modify, or dispose of the equipment before your attorney can examine it and arrange for expert testing.

What If My Claim Was Denied or My Employer Has No Insurance?

Workers’ compensation claim denials are common, but they don’t end your options. Insurance companies frequently deny valid claims hoping workers will give up without fighting back.

Common denial reasons include claims that you reported the injury too late, that you have a pre-existing condition, or that the injury didn’t occur at work. Most of these denials can be successfully appealed with proper legal representation.

If your employer illegally operates without workers’ compensation insurance, you can sue them directly in court. Mississippi requires all employers with five or more employees to carry workers’ comp coverage. Uninsured employers face both civil lawsuits and criminal penalties.

What Compensation Can I Recover?

The amount and type of compensation depends on which claims you can pursue. We work to identify every available source of recovery.

Workers’ Compensation provides:

• Medical coverage: All reasonable treatment costs related to your injury
• Wage benefits: Typically two-thirds of your average weekly wage while unable to work
• Rehabilitation services: Vocational training if you can’t return to construction work

Third-Party Claims offer:

• Complete medical costs: Past and future treatment expenses with no arbitrary limits
• Full wage replacement: Your actual lost income and reduced earning capacity
• Pain and suffering: Compensation for physical discomfort and emotional distress
• Permanent disability: Additional damages for lasting impairments or disfigurement

How Long Do I Have to File in Mississippi?

Construction accident claims have strict time limits that vary depending on the type of claim you’re filing.

You must report work injuries to your employer within 30 days of the accident. This deadline is absolute and cannot be extended for any reason. Missing this deadline typically destroys your workers’ compensation claim.

Workers’ compensation petitions must be filed within two years if your employer’s insurance company denies benefits or stops paying them. Personal injury lawsuits against third parties must be filed within three years of the date of your accident.

Claims against government entities have shorter deadlines and special notice requirements under the Mississippi Tort Claims Act. Some government claims require notice to be given within 90 days of the accident.

How We Build Your Case

Our comprehensive approach begins the moment you hire us. We handle every aspect of your case while you focus on recovering from your injuries.

Rapid Investigation of the Job Site

Time is critical in construction accident cases because evidence disappears quickly. We immediately visit the accident scene to photograph conditions, measure distances, and document hazards before they’re corrected or removed.

Our investigators secure surveillance footage from nearby cameras before it’s automatically deleted. We also interview witnesses while their memories are fresh and obtain their written statements.

Evidence Preservation and OSHA Coordination

We work to preserve all physical evidence related to your accident, including any defective equipment or machinery. Our firm coordinates with OSHA investigators to obtain copies of their reports and findings.

OSHA investigations can provide crucial evidence of safety violations and regulatory breaches that support your claims. We ensure this information becomes part of your case record.

Medical Proof and Future Costs

We collaborate closely with your treating physicians to fully document your injuries and their impact on your life. For catastrophic injuries, we work with life care planners and vocational experts to calculate your future medical needs and lost earning capacity.

This thorough medical documentation ensures insurance companies can’t minimize the severity of your injuries or their long-term consequences.

Negotiation and Trial-Ready Strategy

Every case we handle is prepared as if it will go to trial. This thorough preparation gives us leverage in settlement negotiations and ensures we’re ready to fight for you in court if necessary.

Our trial-ready approach often leads to better settlement offers because insurance companies know we won’t accept lowball offers just to avoid litigation.

Why Maloney-Lyons for Your Biloxi Construction Case?

Choosing the right attorney makes the difference between a quick insurance settlement and full compensation for your injuries. Our firm provides the personal attention and aggressive representation your case deserves.

Attorney-Led Representation From Day One

When you hire Maloney-Lyons Personal Injury & Car Accident Lawyers, you work directly with experienced attorneys David J. Maloney or T. Randall Lyons. Your case never gets passed off to paralegals or junior staff members.

We believe every client deserves direct access to the attorney handling their case. You’ll have our personal phone numbers and can reach us when you have questions or concerns.

Local Biloxi Access With Gulf Coast Reach

Our Biloxi office puts us right in your community. We understand the local construction industry, know the major contractors and their safety records, and have relationships with the medical providers who treat construction injuries.

This local knowledge helps us build stronger cases because we understand how construction projects operate in the Biloxi area and what safety standards should be followed.

No Fee Unless We Win

We handle all construction accident cases on a contingency fee basis. You pay nothing upfront and owe us nothing unless we recover compensation for you.

Your initial consultation is completely free, and we’ll review your case without any obligation. If we take your case, we advance all costs and expenses, so you never have to pay out of pocket.

FAQs

How Long Does a Construction Accident Case Take in Mississippi?

Some construction accident cases resolve relatively quickly, while complex matters involving multiple defendants or catastrophic injuries can take much longer.

Cases that go to trial generally take longer to reach a final resolution than cases that settle.

Can I Sue My General Contractor While Receiving Workers’ Compensation?

Yes, if the general contractor is not your direct employer, you can sue them for negligence while also receiving workers’ comp benefits. This is called a third-party claim and can provide additional compensation beyond workers’ comp limits.

What Happens If I Was Partially at Fault for My Construction Accident?

Mississippi follows pure comparative negligence rules, meaning you can recover damages even if you were partially at fault. Your compensation will be reduced by your percentage of fault, but you won’t be completely barred from recovery.

Can My Employer Fire Me for Filing a Workers’ Compensation Claim?

No, Mississippi law prohibits employers from retaliating against workers who file legitimate workers’ compensation claims. If you’re fired in retaliation, you may have additional legal claims against your employer.

Do I Have to Use the Company Doctor for My Construction Injury?

Mississippi law gives you the right to choose your own doctor for work-related injuries. You don’t have to see the company doctor, though your employer’s insurance may initially direct you to their preferred providers.

What If I’m Hurt as a Visitor Near a Biloxi Construction Site?

Non-workers injured by construction activities can file personal injury lawsuits against the responsible parties. You’re not limited to workers’ compensation and can seek full damages for your injuries.

Speak With a Biloxi Construction Accident Lawyer Today

Construction accidents can devastate your family’s financial security and leave you unable to work in the only trade you know. You deserve more than a minimal insurance settlement that fails to cover your long-term needs.

At Maloney-Lyons Personal Injury and Car Accident Lawyers, we fight for the full compensation you need to rebuild your life after a serious construction injury. Our attorneys have the experience and resources to take on large construction companies and their insurance carriers. Contact us today to learn more about how we can assist.