Construction site accidents in Biloxi can leave you with serious injuries, mounting medical bills, and lost wages while you recover.
Mississippi workers have specific rights after workplace injuries, including workers’ compensation benefits that cover medical treatment and partial wage replacement, plus the ability to sue third parties who caused your accident through filing a personal injury claim in Biloxi.
Understanding these rights and the steps you must take immediately after an injury determines whether you receive full compensation or lose benefits forever.
What Counts as a Construction Accident in Biloxi
A construction accident is any injury that happens on a job site while you’re doing work. This includes employees, subcontractors, and sometimes visitors. The injury can be sudden, like a fall, or develop slowly from doing the same task over and over.
Mississippi law covers these types of construction site accidents:
- Falls from scaffolding, ladders, or roofs
- Equipment malfunctions with power tools or heavy machinery
- Exposure to toxic chemicals or dangerous materials
- Trench collapses or cave-ins
- Electrical shocks from live wires
- Getting hit by falling objects or moving vehicles
Common Causes and Injuries on Mississippi Job Sites
Mississippi construction sites have special dangers because of Gulf Coast weather and big industrial projects. Knowing these risks helps you understand when you have a valid claim.
Falls From Heights
Falls kill more construction workers than any other type of accident. They happen when ladders slip, scaffolding breaks apart, or roof edges don’t have proper barriers, similar to slip and fall accidents in Biloxi businesses where property owners fail to maintain safe conditions. Even a short fall can cause broken bones, head injuries, or paralysis.
Struck By or Against Objects
These accidents happen when something hits you or when you hit something else. A falling hammer from three stories up can kill you, even with a hard hat. Swinging crane loads and backing dump trucks cause many of these injuries, similar to a pedestrian accident where someone is struck by a moving vehicle.
Caught In or Between
This means getting crushed or squeezed between heavy objects. Think of getting pinned between a forklift and a wall, or trapped when a trench wall collapses. These accidents often cause broken ribs, internal bleeding, or death.
Electrocutions and Power Lines
Construction sites are full of electrical dangers. You can get shocked by overhead power lines, exposed wiring, or tools that aren’t grounded properly. Even small electrical shocks can cause heart problems or burns.
Heavy Equipment and Vehicle Accidents
Forklifts, cranes, and bulldozers cause serious accidents on busy job sites. In Biloxi, MS, these happen because of poor communication, operator mistakes, or equipment that breaks down, requiring expertise similar to a truck accident lawyer who understands commercial vehicle regulations.
Scaffolding Fall Injuries
Scaffolding must be built right and checked regularly to be safe. Accidents happen when guardrails are missing, planks are weak, or the whole structure falls down in high winds.
What To Do Right After a Construction Accident
What you do right after getting hurt affects both your health and your ability to get paid. Acting fast protects your rights and your future.
Call 911 and Get Medical Care
Your health comes first, always. Get emergency medical help right away, even if you feel okay. Adrenaline can hide serious injuries like brain damage or internal bleeding.
- Don’t refuse medical care: Insurance companies use this against you later
- Get checked by a real doctor: Not just a first aid person on site
- Follow all treatment: Missing appointments hurts your case
Report the Injury Within 30 Days
You must notify your employer of your injury in writing within 30 days. Missing this deadline can destroy your entire claim. Don’t just tell your supervisor – put it in writing.
Document the Scene and Witnesses
If you can move, take pictures of everything. Get photos of the accident scene, your injuries, and any broken equipment, following best practices for how to document your injuries to build a stronger case. Write down the names and phone numbers of anyone who saw what happened.
Choose the Right Doctor
In Mississippi, you pick your own doctor for treatment. Don’t let your boss pressure you into seeing their company doctor. Company doctors often care more about getting you back to work than getting you better.
Contact a Biloxi Construction Accident Attorney
If you’re badly hurt or your employer fights your claim, contact our experienced Biloxi construction accident lawyers who can handle the insurance company so you can focus on getting better.
Who Pays for a Construction Injury in Mississippi
Different people might have to pay for your injuries, depending on what caused the accident.
| Who Pays | When | What They Cover |
| Your Employer | Almost all work injuries | Medical bills and some lost wages |
| Other Companies | When they cause your injury | Everything, including pain and suffering |
| Property Owners | Unsafe conditions on their land | Depends on how much control they had |
Employer Workers Compensation Benefits
Workers’ compensation is insurance that pays for work injuries. It covers your medical bills and replaces part of your paycheck while you heal. You don’t have to prove your boss did anything wrong to get these benefits.
Third Party Liability Claims
If someone other than your employer caused your accident, you can sue them for full damages. This might be another contractor, an equipment maker, or a truck driver. These claims pay for pain and suffering, which workers’ comp doesn’t cover.
Government Entity Claims
When you get hurt on a government job, special rules apply. The deadlines are much shorter, so you have to act fast to keep your rights.
How Workers Compensation Works in Mississippi
Workers’ compensation is a no-fault system. This means you don’t have to prove your employer was careless to get benefits. It’s designed to get you medical care and some money quickly.
Medical Care and Doctor Choice
Your employer’s insurance must pay for all reasonable medical care to treat your injury. This includes doctor visits, hospital stays, physical therapy, and prescription drugs. Remember, you get to pick your own doctor.
Wage Benefits and 450 Week Limit
If your injury stops you from working, you get wage replacement benefits. These equal two-thirds of your average weekly pay, up to a state limit. You can usually get these benefits for up to 450 weeks.
Disability Ratings and MMI
When your doctor says you’ve reached Maximum Medical Improvement (MMI), they give you a disability rating. MMI means your condition won’t get much better. This rating determines any permanent disability benefits you might get.
Death Benefits for Families
If a construction accident kills someone, their family may have a wrongful death case and receive death benefits including weekly payments and money for funeral costs.
Can You Sue Your Employer in Mississippi
Usually, you can’t sue your employer for a work injury in Mississippi. Workers’ compensation is called the “exclusive remedy.” This means it’s the only way to get money from your employer for work injuries.
But there are a few exceptions:
- Intentional harm: Your employer meant to hurt you
- No insurance: Your employer illegally didn’t have workers’ comp insurance
- Extreme carelessness: Very rare cases of gross negligence
Independent Contractors and Day Laborers
Some construction companies wrongly call their workers “independent contractors” to avoid paying for workers’ compensation insurance. What you’re called doesn’t matter – what matters is how you actually work.
Misclassification and Your Rights
If your employer controls your schedule, gives you tools, and tells you how to do your job, you’re probably an employee. If you’ve been misclassified, you might still get workers’ comp benefits.
Other Benefit Paths
True independent contractors can’t get workers’ comp. But you might be able to sue the person who caused your accident or make a claim on their liability insurance.
Faulty Equipment and Product Liability Claims
When broken or dangerous equipment causes your injury, you might have a product liability claim against the company that made it. This type of third-party claim can get you a lot more money.
Preserve the Equipment and Manuals
Keep the broken equipment exactly like it was when the accident happened. Don’t let anyone fix it, change it, or throw it away. This equipment is the most important evidence in your case.
Expert Inspection and Testing
We work with engineers and safety experts to examine faulty equipment. They can find design flaws and manufacturing problems that made the equipment unreasonably dangerous.
Deadlines for Mississippi Workers Comp and Third Party Claims
Strict deadlines apply to all injury claims in Mississippi. Miss a deadline, and you lose your right to get paid forever.
Key deadlines you must remember:
- 30-day notice: Tell your employer in writing within 30 days
- Two-year comp claim: File with the Mississippi Workers’ Compensation Commission within two years
- Three-year third-party claim: Sue negligent third parties within three years
- One-year government claim: Give formal notice to government entities within one year
What If Your Claim Is Denied or Employer Uninsured
Insurance companies deny valid claims all the time. Some employers don’t even have the required insurance. A denial doesn’t end your case, but you must act fast to fight back.
Petition to Controvert and Appeals
This starts the formal fight, which might include a hearing and appeals to higher courts.
How Maloney-Lyons Builds Your Construction Case
At Maloney-Lyons Personal Injury & Car Accident Lawyers, we know construction accident cases inside and out. Our Biloxi office gives us local knowledge of job sites and the companies that run them. Experienced Biloxi personal injury attorneys David J. Maloney and T. Randall Lyons personally handle every case from start to finish.
We never hand your case off to a case manager or junior lawyer. You get direct attention from experienced attorneys who understand what you’re going through.
Our approach includes:
- Immediate site investigation: We get to the scene fast to preserve evidence
- Witness interviews: We talk to people while their memories are fresh
- Medical record analysis: We document the full extent of your injuries
- Expert testimony: We hire top professionals to prove fault and damages
- Aggressive negotiation: We fight insurance companies for full compensation
We believe every client deserves personal attention from an experienced attorney. Our commitment is guiding you through recovery while we handle the legal burdens.
File an Accident Claim With a Biloxi Construction Accident Attorney
You don’t have to handle a construction accident claim alone. The legal team at Maloney-Lyons Personal Injury & Car Accident Lawyers protects your rights and fights for the money you deserve.
Contact us today for a free consultation. We work on contingency, which means you pay nothing unless we win your case.
Frequently Asked Questions
Do I Have To See The Company Doctor In Mississippi
No, Mississippi law gives you the right to choose your own doctor for workers’ compensation treatment. You don’t have to see a doctor picked by your employer or their insurance company.
What If I Reported My Injury Late But Told My Supervisor
You should still provide written notice as soon as possible and explain why you were late. Telling a supervisor might count, but written notice is always stronger evidence.
Can I Get Workers Comp Benefits If The Accident Was Partly My Fault
Yes, workers’ compensation is a no-fault system. You can get benefits even if you helped cause the accident, as long as you were hurt while doing your job.
What If My Employer Called Me An Independent Contractor But I Worked Like An Employee
Your actual job duties determine your status, not what your employer calls you. If your employer controlled your work schedule and methods, you’re probably an employee who deserves workers’ comp benefits.
Can I File Both A Workers Comp Claim And Sue Someone Else
Yes, you can get workers’ comp from your employer while also suing a third party who caused your accident. This might be another contractor, equipment manufacturer, or vehicle driver.
What If A Government Agency Or The Port Of Biloxi Was Involved In My Accident
Claims against government entities have special rules and much shorter deadlines, often just one year. Contact an attorney immediately to meet these strict requirements.
How Long Do Construction Accident Claims Take In Biloxi
Simple, undisputed workers’ comp claims might resolve in a few months. Complex cases with multiple parties or serious injuries can take one to two years or longer.
What Are The Most Dangerous Types Of Construction Accidents
The deadliest construction accidents are falls, getting struck by objects, electrocutions, and getting caught between equipment. Safety experts call these the “Fatal Four” of construction.
