As a construction worker, you put your health and safety on the line every single day. The harsh reality is that construction accident injuries are far too common - in fact, one in ten construction workers is injured annually in the United States according to OSHA statistics.
Therefore, in the event of an on-site accident, it's crucial to understand your rights and take the necessary steps to secure the compensation you deserve for construction-related injuries.
This comprehensive guide will walk you through the process, from understanding your legal entitlements to maximizing your settlement with the right attorney.
Construction is one of the most dangerous industries, but you have rights as a worker that protect you if you suffer an injury. As we delve into understanding the impacts of construction accidents, it's essential to examine the broader landscape of occupational injuries.
Take a look at the below chart showcasing the distribution of fatal occupational injuries by age group.
First and foremost, you are likely entitled to workers' compensation construction benefits from your employer's insurance. These legally-required benefits cover:
Beyond workers' comp, you may also have grounds to file a personal injury lawsuit to seek compensation for "non-economic" damages like pain and suffering. However, this option depends on the circumstances of your accident.
It's essential to fully understand your rights and entitlements. Being well-informed from the start can mean the difference between a low-ball payout and the maximum compensation you deserve.
You were working on a construction project in Myrtle Beach, SC, and got seriously hurt. In such circumstances, your rights as a worker with injury become paramount. Your employer should cover your medical bills and compensate you for any lost wages. You might also get extra money for pain and suffering. The guidance of an experienced personal injury lawyer in Myrtle Beach would be invaluable. After all, they can adeptly navigate the intricacies of state laws and workers' comp regulations, ensuring that you receive every entitlement and protection under the law.
"Construction workers make up only 5% of New York City's total workforce but account for 27% of work-related deaths."- NYC Vital Signs
If you sustain an injury on a construction site, there are several potential sources of compensation:
All employers are required to carry workers' compensation insurance to cover employee injuries. These workers' comp benefits for construction workers typically include:
You may be eligible to file a personal injury lawsuit against a negligent third party like a subcontractor or equipment manufacturer. Personal injury claims in construction can provide compensation for:
In some cases where negligence is the cause, you can file a third-party liability in construction accidents lawsuit against a party other than your employer, such as:
The compensation awarded in such cases can exceed the coverage provided by workers' comp.
Here is a comparison of the different types of construction accident compensation you may be eligible for:
As the table shows, securing construction accident compensation beyond basic workers' comp benefits can dramatically increase your net recovery.
If you ever sustain an injury on a construction site, your immediate actions following the accident are crucial. The sooner you take these steps, the easier it will be to file a construction accident claims process and get your case underway:
The evidence and documentation you gather will be crucial for substantiating any insurance claims for the construction accident and securing appropriate compensation.
Construction accident cases are intricate, often fraught with potential pitfalls and missed opportunities. Some of the biggest mistakes that can sink your chances of a fair settlement include:
The key is staying vigilant and proactive to avoid missteps that diminish or eliminate the construction accident compensation you're owed.
Due to the complexities and high stakes, working with an experienced construction injury lawyer is highly advisable if you've been hurt on a job site. The right legal representation will:
When evaluating potential legal representation, look for lawyers who specialize in construction injuries and have a proven track record of settlements and verdicts. Top qualifications include:
Your choice of legal counsel can be the biggest factor in securing the construction accident compensation you deserve.
The statute of limitations varies by state but is generally 2-3 years for personal injury claims and 30-90 days for workers' comp claims. Consulting an attorney immediately is crucial so you don't miss any deadlines.
Even if you contributed to causing the accident through negligence, you may still recover damages through third-party liability in construction accident claims depending on your state's laws regarding contributory/comparative negligence.
Don't get discouraged - with the right evidence and an experienced attorney, you have options to appeal the denial through the workers' comp commission process and potentially take additional legal action.
Sustaining an injury on a construction site is a traumatic experience that can derail your life both physically and financially. But you don't have to struggle alone or accept low compensation offers.
Follow the steps below.
When your livelihood is at stake, having the right advocate on your side is priceless. Get the justice and support you need by contacting a proven construction accident lawyer today.