Men and women working in the construction industry are at great risk for being injured or killed on the job site. The work is very physical, and construction workers are often required to use powerful machinery and climb to great heights. Even with the best safety procedures, policies and training in effect, these accidents still occur and can be disabling and take years or even a lifetime from which to recover.
“With work-related injuries, it is important to remember that it’s the employer’s responsibility to ensure the safety of all of their workers,” Brad Parker says. The Occupational Safety and Health Administration (OSHA) is also in place to help ensure safe and healthful working conditions for working men and women by setting and enforcing standards and by providing training, outreach, education and assistance.
Brad says, “While OSHA promulgates several standards to protect the worker, the problem is that they don’t have the manpower to enforce those regulations unless something really bad happens. In that instance, they will investigate the workplace and may fine the company.”
1. How Do Workers’ Compensation Benefits Work?
When you get injured in a construction injury, you deserve compensation for the harm you’ve suffered. In many cases, workers’ compensation will kick in to cover your medical bills and a portion of your lost wages. In other cases, where egregious lack of care was displayed, you may be able to file a personal injury lawsuit to collect further damages.
Virtually all employers are required to buy workers’ compensation insurance for employees. These policies cover workers who sustain a work injury for any reason. Brad says, “Workers’ compensation provides payment of your medical costs, covers lost wages and provides you with disability benefits if you are either permanently or temporarily disabled. If you cannot work at all, then you are eligible for total disability benefits.” In the event that death occurs, surviving dependents can also receive death benefits through workers’ compensation.
2. What is Third-Party Liability?
If you are injured on the job and someone other than your employer did something that led to your accident, you may be able to file a lawsuit. An example of this would be if there was a tool or machine that was defective. You may be able to have a third-party lawsuit claim against the manufacturer of the bad machine.
Third-party lawsuit claims let you obtain compensation not available through workers’ compensation, such as payment for pain and suffering. However, you’ll need to show either negligence or that a product, machine or tool was defective when used as intended in order to successfully make a third-party claim.
“Our firm recently represented an employee of American Airlines. Our client was injured as a result of third party failing to install equipment properly. We were able to earn a successful outcome after proving third-party negligence directly caused our clients injury,” Brad says.
3. Will an Attorney Help With My Construction Site Injury Case?
Brad says, “Following an injury on the job site, you should first and most importantly seek medical care. After that, it’s imperative to contact a qualified attorney. The more time that passes, the more likely it will be that the evidence surrounding the injury will disappear. It also becomes increasingly difficult to locate witnesses and for those witnesses to remember exactly what happened.” If you or a loved one was hurt while performing work in a construction job, Parker Law Firm’s team can help you:
- Determine whether to file a workers’ compensation or third-party liability claim
- Gather evidence to prove your eligibility for compensation
- Deal with the workers’ compensation insurer if the bills aren’t being paid, if there is a dispute over medical coverage or if the insurer tries to force you back to work early
- Keep your claim moving forward while providing continual communication
- Appeal a workers’ compensation claim denial
- Negotiate a settlement if there is a dispute over benefits
- File a third-party lawsuit in court and/or negotiate a settlement
If you've been seriousl injured on the job due to the negligence or stupidity of someone else, our firm may be able to help you. Please fill out our contact form or call 817-440-3888 to speak with our team about your situation.
At Parker Law Firm, our experienced personal injury lawyers believe people matter. We are committed to our clients, not case numbers, and we believe in the power of the civil justice system. With years spent both representing accident victims and participating in the state legislative process, our founder, Brad Parker, has developed a deep understanding of the law and gained unique experience that helps him get results for his clients.