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Personal Injury Claims and Construction Injuries

Alicia Betz
October 5, 2020

Carpenters, masons, electricians, pipefitters and more.  These men and women who hold these titles work physically demanding and often dangerous jobs. 

Injuries on the job can be simple accidents, but they can also be due to negligence. Regardless of the reason, you can get compensation for work-related injuries. 

Construction Work Injuries

Workers should always feel safe at their jobs, and employers are obligated to take every precaution to create a safe work environment and prevent injuries. Nonetheless, construction sites are inherently dangerous places, and accidents happen. 

Injuries are more likely to happen when employers don’t follow proper protocol and fail to create a safe working environment, as outlined by the Occupational Safety and Health Administration (OSHA). However, injuries can happen for many reasons. According to OSHA, the top four reasons for injury on construction sites include: 

  • Falls
  • Electrocution
  • Being struck by an object
  • Being trapped between objects or equipment

construction injuries

Sometimes these injuries are due to negligence on the part of the employer, but other times they’re complete accidents or the fault of defective equipment. Some of the common injuries include:
  • Head injuries
  • Lacerations
  • Broken bones
  • Loss of hearing or vision
  • Heat stroke
  • Spinal cord injuries

If you’re injured on the job, there are certain steps you should take to reduce the effects of your injury and receive compensation.

What To Do If You’re Injured on the Job?

First and foremost, for any serious injury, call 911 immediately. For any injury, take the following steps: 

  • As soon as possible, take pictures of the scene where the injury occured
  • Get recorded or written statements of any witnesses to the injury
  • Write down as many details as you can remember of what happened immediately before, during, and after the injury
  • Even for seemingly minor injuries, file a construction accident report (in most cases, you will have 30 days to file)
  • Notify your employer of the injury
  • Visit your primary care provider to discuss your injury and undergo any necessary tests
  • Contact a construction injury lawyer
  • Keep detailed copies of every document, such as medical records, receipts, and forms

After an injury on the job, an experienced construction injury attorney can walk you through these steps and help you determine if the injury was due to negligence

When Worker’s Compensation Isn’t Enough

Most employers have worker’s compensation insurance, and this insurance protects both you and your employer in case of an injury. It provides you with compensation when you get injured at work, which can include but is not limited to: 

  • Medical bills
  • Loss of earnings
  • Benefits to survivors of a deceased worker

A major benefit of worker’s compensation is that you don’t need to prove that your injury was due to negligence or that it was anybody’s fault. Your injury could be a simple accident, or it could be an injury due to repetitive motion like tendonitis or carpal tunnel. As long as you sustain your injury on the job or it is work-related, you will likely be able to receive worker’s compensation benefits. 

One major caveat with worker’s compensation is that if you get these benefits, you typically aren’t able to sue your employer. If worker’s compensation isn't enough money to cover your needs and expenses, you may want to look for other ways to get properly compensated for your injury.

construction injury lawyer

Even though you can’t sue your employer, you can still file a personal injury lawsuit if your injury is due to negligence of a third party. For example, if a piece of equipment failed and electrocuted you, you may be able to sue the manufacturer of the equipment.

Personal injury settlements also cover many things worker’s compensation doesn’t, such as punitive damages meant to punish the defendant and compensation for pain and suffering or loss of enjoyment of life. It’s also possible to get full compensation for your wages, while with worker’s compensation, you usually get two thirds the amount of your wages 

Unlike worker’s compensation, you must be able to prove that somebody was negligent in order to win a personal injury lawsuit; construction injury lawyers are experienced in determining if anybody is liable for on-the-job injuries.

How to Sue for Personal Injury

It takes longer to get compensated in a personal injury lawsuit than it does with worker’s compensation, but it is definitely worth it when your worker’s compensation benefits are not enough. Navigating personal injury law can be confusing, and nobody expects you to be able to do it on your own. 

If you believe your injury was due to negligence of a third party, such as a manufacturer of equipment, talk to a construction injury lawyer. Select Justice has a selection of lawyers in our network who are experienced in these types of cases, and they can help you determine if your situation qualifies for a personal injury lawsuit.

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We are here to help you and loved ones advocate for justice. Feel free to send us any questions you might have, either about an injury or the process for pursuing justice so we can help you exercise your rights.

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