What To Do When A Construction Worker Is Injured On The Job
It is a fact that construction is a potentially dangerous profession. As a consequence, construction injuries are quite common. Fortunately, the federal and state governments have laws in place that are aimed at protecting the interests of a Construction Worker Accident and offer compensation on the job. You can seek legal help to ensure that you get all the legal benefits in case of an on-the-job injury.
The legal course of action for a construction worker accident includes the following options.
- Filing for a workers compensation (often called workers’ comp)
- Filing a personal injury suit, or
- Filing for a products liability suit
A legal expert can help and advise you to pick a particular course after studying your case. However, the most common legal action to be taken in such instances is filing for a workers’ comp.
What is a workers’ comp claim?
If you are injured on the job, the workers’ comp rules ensure that you are paid for most losses resulting from your on-the-job injuries. Most employers carry insurance policies that carry workers’ comp benefits. Once you file a claim, you will be paid through the insurance company directly for your losses.
Another great safety net feature of the workers’ comp system is the fact that it is a no-fault system. It means that you will be paid regardless of whether your employer did or did not do anything that caused you the injury. As a result of this, in most states, you will be able to collect workers’ comp for almost any injury you incur at your job.
However, a downside of taking this approach is the fact that a monetary value of workers compensation is almost always less than a successful personal injury lawsuit. That said, no employee can opt out of workers’ comp, and it ensures that you will get the benefit no matter what.
What are your other options?
A construction project is massive. There are many people and entities involved from a general contractor to engineers and architects. If a worker wishes to step out of the workers’ comp system, he/she can do that as well. Hence, if a construction worker accident occurs, it is important to have workers comp.
Legal experts here at the Payer Law can help you devise a legal strategy to file a personal injury lawsuit as well. A personal injury lawsuit is successful if the injured worker can prove that an entity other than his direct employer is responsible for the damage, either wholly or partially. If you wish to take this route, you can be eligible for the following types of damages.
- Medical expenses
- Lost wages
- Pain, suffering, and loss of normal life
Another approach that you can take involves product liability lawsuits. The approach is taken if the injury results from a defective piece of equipment or construction material. A lawsuit can be filed against the designers, manufacturers or sellers of such defective equipment.
There is a lot of legal help for individuals suffering from construction injuries. Based on the type and intensity of the injury, legal experts here at Payer Law can help you decide the best approach. If you suffer an injury at your construction job, it is best to consult a construction injury lawyer as soon as possible. Remember, with proper legal protection; you can avail all the benefits that you are entitled. Contact one of our esteemed attorneys today to start on the path to obtaining justice for your injuries.