Construction Accidents and Workers' Compensation

From falling objects and heavy machinery failures to trench collapses and electrocutions, construction job site accidents can result in serious injuries or even fatalities. In these situations, construction workers have important legal rights. This includes the ability to seek workers’ compensation benefits or even a personal injury claim.

If you have been injured while working at a construction site, workers’ compensation laws may affect any resulting legal claim. This can depend on your employment situation and how much your employer is responsible for your injuries.

This article explains how workers’ compensation works in the construction industry.

Dealing with a construction accident can be overwhelming. A construction accident attorney can support you through each step of the process, from filing a workers’ compensation claim to potentially pursuing a personal injury case. With their help and advocacy, you or your family member can focus on recovery while they pursue benefits.

Construction Is Dangerous Work

Construction is a dangerous industry. Despite strict safety rules, construction work is often unpredictable. Accidents happen. Construction workers can count on workers’ compensation to provide financial help when needed.

There are many causes of construction accidents. Here are some examples:

• Construction sites are often filled with heavy machinery. Large vehicles and building materials can cause serious harm if mishandled.
• A piece of equipment may malfunction.
• A worker may lose control of a forklift, causing an accident.
• Falls are also another major cause of accidents. Workers might slip off a scaffold, tumble into a trench, or fall from a roof.
• Construction workers may be exposed to asbestos and other toxic chemicals.
• Workers are at risk of heat exhaustion or heat stroke due to extreme weather conditions.

Given the high risk of severe injuries in construction, workers’ comp benefits are crucial for construction workers. These individuals often operate heavy equipment and work at heights. This increases the risk of broken bones, spinal cord injuries, or traumatic brain injuries (TBIs).

Safety regulations established by the Occupational Safety and Health Administration (OSHA) aim to protect workers. Still, accidents still happen due to causes such as defective equipment or inadequate safety equipment.

There may be cases caused by negligent parties like general contractors or subcontractors. Sometimes, the fault lies with the construction company. Maybe they did not provide proper training, or they failed to enforce safety rules. Workers are more likely to suffer a construction site injury when a construction company does not prioritize safety.

In the case of a fatal worksite accident, the loved ones of the victim may file a wrongful death claim where they can seek compensation for their loss. Workers’ compensation can also offer benefits in these cases, although they are usually limited. If you have been injured while working at a construction site, workers’ compensation is there to support you.

OSHA Safety Regulations for the Construction Industry

OSHA sets safety regulations to protect workers on construction sites. These rules cover everything from the use of protective equipment to procedures for handling hazardous materials. After a construction site accident, it’s important to understand how these regulations might impact your legal claim.

Responsibility for OSHA compliance depends on who had authority over the job site or the specific work activity. That party must have been in control at the time the employee was injured. The legal impact of an OSHA violation differs by state. In some states, proving an OSHA violation is enough to show the responsible party was negligent.

If a construction company or subcontractor failed to follow OSHA regulations, this could be strong evidence of negligence. This is a key element of a personal injury claim, and safety violations can amount to negligence.

OSHA involvement can be helpful after an accident for this reason. They often conduct investigations into serious accidents. Their findings can be crucial in your legal claim.

OSHA regulations are not the only legal standards to which a property owner, general contractor, or subcontractor may be held. The property owner or general contractor may have their own set of safety rules. These rules may either be generally applicable or specific to the construction project. Violations of these regulations may serve to support a claim for a construction accident.

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance that benefits workers who become injured, ill, or die due to their work. Workers’ compensation coverage includes construction workers. If injured workers accept these benefits, they typically give up their right to file a personal injury lawsuit against their employer.

Under the law in every state but Texas, every business must have workers’ comp insurance to cover its employees. Filing a workers’ compensation claim is similar to filing any other insurance claim. It is not a lawsuit against an employer. Instead, it is a request for benefits.

Under most state workers’ compensation programs, an injured employee is entitled to:

Medical Treatment

The accident victim has the right to all reasonably necessary treatments to treat the effects of the injury. Medical care includes medical bills for treatment and prescriptions. It can also include round-trip mileage to the hospital.

Under workers’ compensation benefits, a patient may have to use the company doctor. This is usually only for a maximum of 30 days. After that time, a patient may choose a different doctor but must submit a written request.

Lost Wages for Temporary Disability

If the injured party must take time away from work due to medical reasons related to the injury, they might be entitled to temporary disability payments. That would provide partial compensation for lost wages.

The pay rate has specific maximum and minimum limits, which typically equal about two-thirds of the average weekly gross pay. It is usually paid out every two weeks. After the doctor verifies an inability to work, the first temporary disability check should arrive within a few weeks.

Permanent Disability

If a worker cannot completely recover from the effects of the injury, they could be entitled to a monetary award. Permanent disability means that the injured party has lost some ability to compete in the open labor market of uninjured workers.

The amount and rate depend on the limitations the injury places on activities. Other elements considered are age, occupation, and earnings at the time of injury.

Vocational Rehabilitation

If the injury prevents a return to the former job, assistance in securing another job might be included in the benefits. A partial income is distributed during vocational rehabilitation, similar to temporary disability. The vocational rehabilitation benefit usually has a maximum monetary limit. It may be replaced by an employer’s offer of modified or different work.

A No-Fault System

Workers’ compensation is usually a no-fault system. This means that you can receive benefits no matter who caused the accident. You are still eligible for workers‘ compensation even if you made a mistake that led to your injury.

But this depends on your particular case. Moreover, while workers’ compensation can provide much-needed support, it might only cover some of your losses. This is especially true if your injury is severe and affects your ability to work in the long term. That is why you may need to explore other legal options, such as a personal injury case.

What To Do After a Construction Accident Injury

If you’re a construction worker injured at work, there are several things you can do to protect your legal rights:

• Seek immediate medical attention for your injuries. Keep all medical records and receipts related to your injury. These documents will be vital if you file a workers’ comp claim or personal injury lawsuit.

• Report the injury to your employer. If possible, report the injury in writing. You might also report the injury to your construction site manager. Note the name and position of the person notified.

• Get the names and contact information of anyone who may have witnessed the accident.

• If possible, try to preserve any evidence related to your injury by taking photographs of the area and the injuries themselves.

• Consider your legal options. You might be eligible for workers’ compensation benefits. These benefits can cover your medical expenses and wage replacement.

• Complete a claim form and keep a copy. No matter how your employer learns of the construction accident, they must immediately offer the injured party a claim form. Until this claim form is completed, the employer has no obligation to provide benefits. It is then the employer’s responsibility to immediately notify the workers’ compensation insurance company.

• File the claim as soon as possible. Any delay on the injured party’s part could lead to potential snags or delays. Quickly reporting workplace injuries and filing a claim as soon as possible increases your likelihood of benefits. Delays in reporting could lead to delays in benefits.

• If your injury was caused by someone else or a defective product, you may need to file a personal injury claim. A construction worker can suffer injuries not only from the risks of the construction site but also from car accidents while working near roadways. An attorney can help you determine the best course of action.

• Consulting with a construction accident attorney or a personal injury lawyer is wise in many situations. They can offer legal advice, help with case evaluation, and navigate the complexities of personal injury law. If you’ve suffered serious injuries or your workers’ compensation claim is denied, this can be crucial.

Pursuing a Third-Party Claim

Sometimes, injured construction workers may have the option of a third-party claim. This means that if someone other than their employer was responsible for their injury, they could file a lawsuit against that party.

This party might be a product manufacturer or subcontractor. This would be a separate case from the workers’ compensation claim. Even construction site visitors who aren’t working for the construction company can also become victims. If you’re a visitor who has been injured, you might have a premises liability claim.

A construction attorney can help evaluate your claim.

An Attorney Can Review Your Construction Injury Claim

Workplace accidents can have life-altering consequences for construction workers. Understanding workers’ compensation, personal injury law, and your legal rights is vital. Getting legal help from construction accident lawyers or a personal injury attorney can ensure that you or a loved one receives fair compensation for your injuries.

Every construction accident case is unique. An experienced attorney can pursue the course of action that best matches your circumstances.

Because state law is relevant, your legal advisor should be licensed in the state where you work. FindLaw’s directory of construction accident attorneys can get you started. Select your city and state to find contact and ratings information for qualified legal help in your area. Many law offices offer free consultations.