Workers Rights to Compensation
Halt | February 2, 2021 | 0 Comments

Construction Workers’ Rights to Compensation

There are many types of regulations set to protect construction workers and their rights while on the job. However, accidents happen and there is potential for workers to suffer serious injuries. Those who work on construction sites have certain rights to compensation if they are ever injured while working as a function of their employment. The access to this compensation may be confusing to navigate alone, as there are many different options available. Depending on the type of accident, where it happens, and who is involved, the damages offered may be different.

Appealing Denied Insurance Compensation Claims

Types of Construction Accidents

Accidents and injuries on construction sites are categorized in various ways. Failure to wear protective equipment like hardhats and glasses can lead to injuries to the head, eyes, or skin if people are exposed while on the job. Electric shock is another potential injury type when a job includes electrical work. This can induce burns of varying degrees that can cause long-term damage to the body and cause trauma. Repetitive motion injuries involve wear and tear on muscles or joints from certain actions performed on the job.

Lastly, falls are another common category of construction injuries that can occur. When working on structures, workers may be using ladders, scaffolding, or other maneuvers to elevate themselves for working on tall structures. In addition to the more common injury types, there is the possibility of collapsing structures. This can cause a worker to be trapped and have their supply of oxygen cut off. This may also result in head injuries or broken bones, as well as trauma.

Legal Options and Avenues for Compensation

Workers Compensation

When someone has suffered an injury while working on a construction site, they may be entitled to certain forms of compensation as it relates to their injury claim. People beyond the owner of the site may be held liable for injuries sustained there. This can include contractors, manufacturers of materials and machines, the managers of the projects, and anyone who is working there.

When pursuing a claim, the involvement of these members may affect the case. Depending on the factor of negligence, the injured party may be able to seek damages beyond just their injuries. They could also be entitled to damages such as medical costs and lost wages should their injuries be serious and put them out of work.

“If you are injured at your job on a construction site because someone else was negligent, that could mean more than just an injury claim,” said Attorney Gary Christmas of Christmas Injury Lawyers. “It depends on the case and what type of injury you sustain. It is important to always speak with an attorney so you can build a strong case and get the compensation you deserve. A job injury should not ruin your life, you have the right to be compensated.”

One option for pursuing compensation for your injuries is a worker’s compensation claim. This option allows workers to seek damages for their losses incurred due to the injury, such as wages, medical bills, and more. This is awarded most often through insurance, as workers are required to hold bodily injury insurance. This amount of money is usually less than someone might be awarded in an injury lawsuit, and also assumes no fault.

A worker may also pursue a personal injury lawsuit. This involves proving that a duty of care owed to the worker was breached on the job compromising their safety. These cases often result in more money for the plaintiff if successful. They may be awarded damages such as lost wages, pain, and suffering, medical and physical therapy costs, as well as decreased quality of life. These often involve the plaintiff seeking a personal injury attorney who can help them fight their case.

Construction Workers' Rights to Compensation

If the material on the site was defective and caused the injury, the worker may pursue a product liability case. It has a similar burden of proof to a personal injury case. The manufacturer of the product would be liable for the faulty item that caused the injury and be responsible for paying damages. A worker’s options for a case depend on the injury sustained and how it happened. An experienced personal injury attorney could help them decide the best path forward.

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