Construction is, by nature, a very dangerous industry. Workers labor at great heights, often using heavy machinery, and bystanders may be injured by risks such as falling debris. Many things can go wrong on a construction site, and the industry is responsible for more work injuries than any other. OSHA sets safety standards for employers and workers to follow, and a Construction accident attorney promotes safety by holding at-fault parties accountable for injuries.
Worker Injuries
OSHA has set forth four categories of construction work-related injuries. Known as “the fatal four,” these account for roughly 60% of all worker fatalities. The four categories are falls, electrocutions, object strikes, and entrapment. However, a fatal injury is not required for a worker to file a claim, as even a minor injury can make one eligible for compensation.
Worker’s Compensation
All states have a worker’s compensation system. Under the rules of worker’s comp, when an employee is hurt at work, they are entitled to compensation even in the absence of employer negligence. Recoveries in worker’s compensation cases are typically lower than awards in personal injury suits. Worker’s comp rules represent a bit of a compromise. They set up a no-fault claims system, and they are the exclusive legal remedy in most instances.
Personal Injury Lawsuits
Worker’s comp laws do not apply to every worker’s claim. Laws vary by jurisdiction but, in most cases, the rules only apply to workers and direct employers. For instance, if a subcontractor’s employee is hurt on the job and they sue the wrong party, worker’s comp rules do not apply. Because personal injury suits come with larger damage awards, injured workers, and their attornies should explore all sources of potential liability.
Legal Remedies
In the above instances (except for worker’s comp cases), an injured worker might be entitled to damages for:
* Lost wages because of missed work days
* Medical bills
* Pain and suffering, which is expressed as a monetary value
* Loss of quality of life
These cases are very complex and should not be handled by the worker alone. By starting with a Free Phone Consultation from a Construction accident attorney, the injured worker can protect his or her rights and work toward a fair settlement.
