Are Construction Site Accidents Covered by Workers’ Compensation?

Working in construction is by far one of the most dangerous and deadliest careers. Not only is it risky due to dangerous heights, but construction sites are usually unstable and full of unreliable machinery and equipment. This is why it is required that all construction employers provide workers’ compensation insurance for their employees.

If you’re in an accident that results in debilitating injuries or your family member dies in a construction accident, you’re entitled to receive full compensation. However, determining who’s liable for your accident and injuries is often difficult since there are several parties involved. Therefore, it’s in your best interest to go over your options with one of The Barnes Firm’s best construction accident lawyers. When you partner with us, you can be sure that you’ll receive the best possible result.

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What is Workers’ Comp, and Are Accidents Covered?

Workers’ compensation was established to protect both construction employers and workers from accidents that arise on construction sites. Workers’ compensation provides benefits to employees who sustain injuries while performing everyday duties. As a result, almost all injuries are covered by workers’ comp.

However, if your employer fails to provide proper workers’ compensation insurance, you might need to have a successful personal injury lawsuit. These benefits can help cover losses, including:

  • Lost wages
  • Ongoing treatment costs
  • Funeral expenses
  • Medical costs

You may be exempt from these benefits if you were intoxicated while on the job or if your injuries were a result of something that happened outside the scope of your job. Also, only some states cover part-time or temporary contractors, so it is recommended that you know the requirements for workers’ compensation coverage.

How is Liability Determined in Construction Accidents?

According to the Bureau of Labor Statistics, construction site accidents account for over 150,000 injuries each year. It is important to recognize that workers’ compensation claims don’t require proving fault. Therefore, if you’re looking to recover additional damages through a personal injury lawsuit, you would have to examine the following factors:

  • Where the accident occurred
  • The conditions at the site of the accident
  • The equipment involved
  • Misuse of equipment
  • Lack of on-site supervision

When investigating the factors above, it is likely that more than one party has some degree of fault. Examples of third parties that may be responsible for your accident include:

  • Construction site owners
  • Contractors and subcontractors
  • Engineers
  • Architects
  • Equipment manufacturers

If your injury was caused by someone other than your employer, you may have grounds to file a third-party lawsuit to hold the negligent party accountable for the damage they’ve caused. A knowledgeable construction accident attorney can help evaluate whether you can file a personal injury claim on top of your workers’ compensation claim.

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Filing a Personal Injury Claim in Addition to Workers’ Comp

The problem with workers’ comp claims is that they don’t cover noneconomic damages. This is when a personal injury lawsuit would come in handy, especially if you have evidence showing that your injuries were caused by a reckless party not employed by your employer. Personal injury claims can help you receive compensation for:

  • Past and future medical expenses
  • Past and future lost wages and benefits
  • Lost earning capacity
  • Permanent impairment
  • Pain and suffering
  • Loss of enjoyment of life

You don’t deserve to suffer serious personal injuries at the hands of a negligent party. Your injuries can be life-altering and stop your life in its tracksdon’t settle until you get justice.

Contact a Trusted Construction Accident Attorney Today

Filing claims for both workers’ comp and personal injury can be a complicated process. Contact our best construction accident attorney at The Barnes Firm to ensure you receive a fair settlement that covers not some but all your losses. Our attorneys have decades of experience and knowledge handling complex liability issues in construction accidents; therefore, we’ll be able to help you navigate the intricacies of construction law to make certain you attain the closure you deserve.

To find out more about what you’re eligible to recover, schedule a free consultation by filling out a contact form or calling our office. We don’t collect any fees until we win your case.