Each day, two construction workers die in the U.S. according to EHS Today.
Between the budget, time, and quality considerations, construction workplaces are sometimes not as safe as they need to be. Because of this, accidents unfortunately do happen. Whether it’s because of faulty equipment or a lack of safety measures, workers often suffer during these events and are left wondering what their options are.
This article will give you legal information about accidents in construction workplaces.
What Is a Worker’s Compensation Claim?
Regardless of whether there is a negligent party or a party at fault, when a worker is injured because of an accident in the workplace, they are entitled to worker’s compensation. This means the cost of their medical treatment may be covered by their employer. They are also entitled to receive permanent or temporary disability benefits for the time they spent away from work.
The family of a deceased worker may also receive death benefits in a worker’s compensation claim.
What Is a Civil Claim?
Like the worker’s compensation claim, in a civil claim, workers injured in a construction accident may also have their medical bills paid for by the employer. They may also receive similar disability benefits for time away from work.
Unlike the worker’s compensation claim, however, in a civil claim, the worker may receive additional compensation based on damages such as lifetime pain and suffering endured by the worker relating to the injuries. They may also receive compensation for loss of consortium, or even punitive damages. This means the compensation received in a civil claim may be greater than in worker’s compensation claims.
Which Claim Are You Entitled to?
In many cases, workers who suffered accidents at work may only be entitled to a worker’s compensation claim. This is because the nature of the accident is the main determinant. If the accident was determined to be caused by simple negligence or there is no one at fault, worker’s compensation is often the only option.
However, if the accident is found to be caused by recklessness, or by a third party, or was actually intentional, the worker may file for a civil claim. In these cases, it’s best to seek legal counsel. We at the Haffner Law Firm help clients seek compensation in similar accidents.
Common Causes of Construction Accidents
Although it is entirely possible that accidents are coincidental, in many cases, they are often the result of negligence on the part of the employer. Here are a few examples of the common causes of accidents that may be attributed to the employer. Any one of these causes may be grounds for a civil claim:
- Failure to adhere to state and federal safety regulations
- Failure to provide adequate safety equipment to workers
- Failure to provide ample safety training
- Failure to maintain a reliable safety plan
- Extended work hours resulting in fatigue and eventual oversight
Conclusion
Accidents happen in construction workplaces. Regardless of who is at fault, in most cases, workers are entitled to worker’s compensation. If the accident is found to be the fault of the employer or a third party, the worker may file for a civil claim. The best course of action when in doubt is to seek the help of legal professionals from Haffner Law. Call us today.
(This is an attorney advertisement by Joshua Haffner)
