Construction jobs are risky and dangerous because they are carried out with heavy machinery, in high places and with dangerous tools.
Construction accident compensation benefits
Construction workers are constantly at risk of injury or falling from a great height. When these accidents happen, the worker needs to know that they are entitled to a workers’ compensation claim for their injuries. A construction worker has the right to have his workplace reasonably safe and to be protected against risks and injuries.
If you are injured while working in construction, you are eligible for a workers’ compensation claim. Workers’ compensation systems are different in each state, but generally have similar elements like these:
The workers ‘ compensation system is a “no-fault” for the payment of benefits. There is no need to prove that another person or entity was negligent and contributed to your injury. You just have to prove that you were injured and that the injury occurred while working (at the workplace).
Your employer is required to provide workers’ compensation insurance.
A workers’ compensation claim generally covers:
- Medical expenses
- Lost wages
- Partial or permanent disability
To find out what other workers ‘compensation benefits can be received, it is important to consult with an experienced workers’ compensation attorney near you.
Civil lawsuits to claim compensation for an accident
Construction workers often work with subcontractors or suppliers. There are many other people in the workplace, working with heavy machinery or driving trucks. Other people (architects, vendors, engineers) who are not even in the workplace can also contribute to such injuries.
These actions must be done through a traditional lawsuit with the same rules and procedures as if you were seeking a personal injury after a car accident. To win, you will need to meet the following three requirements:
- Another person or entity had a duty to act reasonably and safely concerning you.
- This person or entity did not fulfil that duty.
- You were injured due to the negligence of the person or entity.
The negligence by another person or entity can occur in any situation on a construction site, such as:
- A fall from the scaffolding that has been poorly constructed
- Reckless driving by a trucker causing an accident
- Defectively designed safety equipment, such as a harness, causing injury
- Electrical shocks from defective equipment
- Repetitive motion injuries
- Hazardous or toxic chemical leaks or spills due to faulty equipment or decisions
- Falling out of a trench due to poorly constructed trench barriers.
Lawsuits for defective products
The injury can occur due to the piece of equipment, but the injury was not necessarily caused by improper use of that equipment. Equipment or tool malfunctions can occur due to faulty design or poor manufacturing.
If you are injured by accident like these, your claim would be filed again as a civil lawsuit, but for “product liability.” The defendant could be anyone from the manufacturer, the designer of the tool to a supplier of parts used in collecting the equipment.