Most construction injuries are covered by workers’ compensation but in some cases you may be entitled to additional compensation options.
The workers’ compensation system is a standard legal process. If it didn’t exist, injured workers would have to sue their employers for negligence; which is the legal process followed in personal injury lawsuits. If the worker is able to show enough proof that their injuries were as a result of their employer’s negligence, the employer would have to compensate them for lost wages, pain and suffering, medical expenses and other damages. If the worker cannot prove beyond a reasonable doubt that their injuries were as a result of their employer’s negligence, they would have to walk away empty handed.
Systems for workers’ compensation differ from one state to another but generally, every worker is entitled to compensation for a job related injury under the system.
Which Construction Injuries Are Covered By Workers’ Compensation?
Nearly all construction injuries are covered by workers’ compensation. You can receive compensation for any injury related to your work. You can even receive compensation for an injury that was entirely your fault.
The question many people ask is not whether they are entitled to workers’ compensation but if they are entitled to more than that. In some cases, you may be able to file a personal injury claim against third parties if you can prove that they too are responsible for your injuries. For instance, if there was a defect in the safety equipment, you can file a product liability lawsuit against the company that manufactured the equipment.
What If Workers’ Compensation Laws Do Not Apply?
If they do not apply, you can file a lawsuit directly against your employer. Take the example of Mr. Smith who works for a roofing company. While he is working on the roof, his safety harness breaks and he falls of the ground. As a result of the fall, he suffers serious injuries.
He could file workers’ compensation to get compensation for any rehabilitation needed, disability or injuries that he suffers. In addition, he could also sue the safety harness manufacturer provided he can show that the harness was faulty and failed to meet reasonable expectations of providing protection to its users.
Workers’ compensation laws in this case do not apply to the lawsuit against the safety harness manufacturer so the lawsuit would follow a different procedure. Mr. Smith would be able to recover damages available in any standard personal injury claim.
What If Workers’ Compensation Laws Apply?
If you sustain work related injuries, and your workers’ compensation claim is successful, your medical expenses will be covered. You may also receive disability benefits if your injuries impact your ability to work for an extended period of time. If you need rehabilitation or any other form of therapy workers’ compensation will cover that too.
Apart from workers, other people can also be injured at construction sites. For instance, a pedestrian can be hit by falling debris or a child can wander into the construction site.
It’s the duty of general contractors to warn the public if there is a dangerous construction site ahead. They also have to make sure that the conditions at the work site are safe.
If the contractor fails to take proper safety precautions, they may be liable for any injuries resulting from their negligence. The contractor’s failure to take proper precautions can be used by the injured person as grounds to claim compensation.
Protecting Your Claim After An Accident
If you have suffered a construction site injury, you should immediately report it to your supervisor. If you do not report your injuries and a certain amount of time elapses, you may lose your right to claim workers’ compensation.
Hire A Construction Site Accident Lawyer
If you have sustained construction site injuries, you should contact a construction site accident lawyer as soon as possible. We understand that Massachusetts and Rhode Island construction sites can be dangerous. We can help you claim workers’ compensation and much more.
We have experience handling construction site injury cases and so we are familiar with MA and RI court systems. We offer an initial free consultation and we can come to wherever it is you are comfortable.
Contact us today at (800)-200-7752 or fill out our contact form for a free initial consultation.