If workers compensation didn’t exist, then you would have to sue your employer in order to get compensation. Assuming this were the case, you would have to prove that your employer was negligent and that is why the accident happened in the first place. Personal injury lawsuits are time consuming and the outcome might not always be what you expect. If, for example you do not have enough evidence to prove that your employer was negligent, you might not be compensated at all.
This is why the workers compensation system was implemented. It protects workers and ensures that they get compensation regardless of whether the employer was negligent or not. With that said, do you know if your injuries are covered by workers compensation?
Construction Injuries Covered by Workers Compensation
Respiratory Diseases
Respiratory diseases like pneumoconiosis (chronic lung disease) can be so severe that it can lead to death. The most common pneumoconiosis conditions that lead to death include silicosis, coal workers’ black lung and asbestosis. If you suffer from any of these conditions, you can file a product liability claim against suppliers, manufacturers or employers of silica, asbestos or any other product that made you sick.
High Lead Levels
Unsafe work practices and construction sites can lead to lead exposure. Between 2002-2008, construction workers represented 16% of high blood lead levels.
Heat Stroke, Repetitive Motion Injuries and other Overexertion
Construction work is physically demanding and employees often have injuries relating to:
- Frostbite or hypothermia resulting in loss of toes, fingers and parts of the face while working in cold climates.
- Joint and muscle damage due to overworking
- Repetitive motion injuries
- Kidney, heart and brain damage due to heat stress.
Building or Trench Collapses
A building or trench might collapse when buildings are being demolished or when they are under construction. This usually results in serious injuries or even death. Even if the cause of the accident cannot be directly identified you can apply the negligence theory of “res ipsa loquitur” and still get compensated without proving who was negligent.
Explosions and Fires
Construction sites contain plenty of hazards like flammable chemicals, leaking pipes and exposed wiring that could lead to fires and explosions. Although these types of accidents are not as common, they can result in serious or fatal injuries.
Falling Objects
As a construction worker, you are at risk of being struck by an object falling from above like unsecured construction materials or tools. Falling objects have been known to cause spinal or brain injuries even if the worker is wearing safety equipment like hardhats.
Falls
Falls are by far the most common types of construction injuries. Workers are likely to fall from ladders, roofs, cranes and other heights at work.
Equipment related Accidents
Construction sites use a lot of heavy equipment, which can easily fail or become dangerous. For example, a nail gun can misfire, a dumpster can easily fall over or a forklift can fail to work properly. If equipment failed to work properly, you can discuss product liability with your lawyer.
All construction injuries mentioned here are covered by workers’ compensation. This is obviously not an exhaustive list and you can receive compensation for any injury related to your work.
Are you entitled to more than workers compensation? Yes but you will need to talk to a workers compensation lawyer in Plymouth. In some cases, you might be entitled to file a personal injury claim against third parties provided you can prove that they were negligent and responsible for your injuries.
What if Workers Compensation Laws Don’t Apply?
Just as we mentioned earlier, you can consult with a Plymouth workers compensation lawyer if you want to file a personal injury lawsuit. The most challenging part about a personal injury lawsuit is proving fault. Your lawyer will analyze your case and inform you if you can file a personal injury lawsuit.
Get Your Claim Reviewed For Free
If you have been injured at a construction site in Plymouth, you should consult with a construction accident attorney in order to protect your rights. Workers compensation might cover your injuries and lost wages but every case is unique and you may need a lawyer’s help.
Our Plymouth lawyers will provide you with a free initial consultation to help you with your case. You can visit our Kevin P Landry Law offices in Plymouth or give us a call at 508-746-2700 today.
