It is well known that construction work is one of the most dangerous industries and construction workers are at a significantly higher risk of accidents and injuries than employees in most other occupations. Construction workers suffer severe injuries, disability, and sometimes death due to job related risks such as falls, electrocutions, and being run over or struck by construction equipment.
Employees are often under the impression that workers’ compensation is the only available recovery option when they are injured at work and while this is sometimes true, it is also often not true. Whether or not an injured construction worker has more financial recovery options than workers’ compensation depends on if someone outside of his or her employer was responsible for the accident.
Workers’ compensation is limited in terms of financial recovery for injured employees. Compensation will generally include medical costs and wage replacement benefits. While workers’ compensation benefits are better than having no benefits at all, the benefits are typically not enough to fully compensate workers who have sustained serious injuries in a construction accident.
Other types of construction accident claims
Construction accident attorneys will conduct an exhaustive investigation into how the accident happened and whether or not there were any parties besides the plaintiff’s employer who shared in at least a portion of fault for the accident. When other claims can be brought, injured employees may be able to collect for injuries and damages not available under a workers’ compensation claim such as pain and suffering. Other types of claims that may be brought when third parties are responsible for the accident include:
- Product liability claim against the manufacturer or seller of defective construction equipment or machinery that caused the plaintiff’s injuries and damages.
- Personal injury claim against someone (unrelated to the plaintiff’s employer) whose negligent conduct caused the plaintiff’s injuries. This may include another driver in a car accident or someone else at the construction site whose negligence caused the plaintiff’s injuries. Large construction sites are often very busy with many people going in and out of the job site including contractors, subcontractors, architects and designers, project managers, and project owners. When any of those third parties are at fault for a construction accident, the plaintiff may have a personal injury cause of action against them.
- When a construction accident fatality is caused by a third party’s fault, a wrongful death claim and/or survival action may be appropriate so that close family members or the decedent’s estate may recover for injuries and damages.
If you or someone close to you has sustained injuries or death in a construction accident, contact a construction accident attorney with The Law Offices of Greg Prosmushkin, P.C. to discuss the accident and injuries sustained. Construction accident cases do not need just any workers’ compensation or personal injury attorney. These cases need construction accident expert attorneys who understand the law and will explore all liability and recovery possibilities in order to see that financial compensation is maximized for injured construction workers.