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 can show enough proof that their injuries resulted from their employer’s negligence, the employer would have to compensate them for lost wages, pain and suffering, medical expenses, and other damages. If they cannot prove beyond a reasonable doubt that their injuries were 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. It is advisable to contact a Worcester workers’ compensation lawyer as soon as possible to find out what legal options you have.
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 is 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 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 off 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 protecting 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. If you need rehabilitation or any other form of therapy workers’ compensation will cover that too.
No-Worker Injuries
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.
General contractors must 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 injured person can use the contractor’s failure to take proper precautions 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 Worcester Workers’ Compensation Lawyer
If you have sustained construction site injuries, you should contact a Worcester workers’ compensation lawyer as soon as possible. Our experienced lawyers can help you claim workers’ compensation and much more.
We have experience handling construction site injury cases and so we are familiar with MA court systems. We can also evaluate your case and give you an estimate of how much you can recover as compensation. Book a free initial consultation and we can come to wherever it is you are comfortable.
