It’s not surprising for someone to be injured at a construction site. Construction sites are known to be quite dangerous especially to the workers. Accidents at a construction may involve falling debris, falling from a height, electrocution, exposure to harmful chemicals, broken equipment, and many more.
If you’re injured because of a construction accident, know that you have the right to make a workers compensation claim and a third-party claim.
Workers Compensation Claim
If you’re injured at a construction site while working, you may be eligible for compensation through the company’s workers compensation insurance. Keep in mind though that the worker’s compensation system may differ from state to state, but they do share a couple of elements.
- Workers compensation may differ from state to state, but they typically employ a “no-fault” system. Regardless of whose fault was it that you got injured in a construction accident, you’re still eligible for a worker’s compensation claim. You just have to provide proof of your injury and that it was a result of a construction accident.
- All construction firms are required by the law to carry workers compensation insurance. This is where employees can get compensation benefits after a construction accident.
Third Party Claim
Keep in mind that you won’t be able to file a lawsuit against your construction firm or employer because you’re already covered by the company’s workers compensation insurance. But if a third party (a person or another company) was responsible for your injuries in a construction accident, you may be able to make a claim against that person or company.
- You have the right to file a personal injury lawsuit against a third party who caused your injuries. If you prevail from the lawsuit, you’ll be rewarded with much more than the worker’s compensation benefits.
- You may also be able to file both workers compensation claim and third party claim at the same time, depending on the circumstances.
Take note though it can be really tricky to prove who is responsible for the construction accident. Since construction sites usually have multiple companies and contractors working at once. This is why a worker should always seek the help of a construction injury attorney following the accident to find out who was really responsible.
Product Liability Lawsuits
Construction accidents often involve a piece of equipment. Of course, all workers are trained to use equipment at the site properly. But, there are times where equipment or a tool malfunctions due to faulty design and has caused your injuries.
- In this case, you may be able to file a personal injury lawsuit for “product liability.” The lawsuit will address the supplier, designer, or the manufacturer of the tool or equipment.
- If faulty equipment or tool cause your injuries, these individuals can be held responsible for the accident.
Construction accidents can lead to serious injuries which may cause you to miss a lot of time from work, or worse, you won’t be able to resume working again. So if you were injured at a construction site, keep in mind that you have the right to seek compensation with the help of a construction accident attorney.
Pursuing full compensation is essential to your complete recovery. At Berkowitz & Myer, we have construction accident attorneys that are willing to help seek full compensation so you’ll be on your way towards a complete recovery.