Liability and Compensation in Construction Worker Injury Cases

Construction workers are usually afforded workers’ compensation benefits through their employers as a form of insurance and so that management may avoid the detriment of liability for accidents and incidents on the job.

However, there are occasions where the company or management may be accountable for the accident that includes in jury for damages owed to the victim. In other instances of these events, a third-party may be responsible for paying the harmed individual. It is best to obtain a lawyer to understand who should be considered and what type of compensation may be sought.

The factors surrounding the injury usually determine who may be liable for the accident. When workers’ compensation is provided and utilized for the incident, certain physicians and healthcare facilities are often the only places and persons that may be seen. These individuals and hospitals sometimes have a contract with the company or provide services at a lower cost than other similar areas. If workers’ compensation cannot be used or does not apply to the incident, a third-party such as when in a car accident or negligence issues may have at least partial responsibility for the accident. When the event occurs for construction workers, the victim may suffer from a fall from a high place, items falling onto the worker, tool malfunctions and similar problems.

Liability in Construction Injuries and Responsibility

When a person has been harmed in a construction project, the worker is only one of many that is involved in the situation. Of all those included, it could be management, the owner of the company, the contractors and manufacturer of equipment with faulty parts that may be responsible for the accident. If any one of these or multiple persons are accountable for the damages paid to the worker, he or she may seek enough compensatory payouts to become whole after the disaster. This is even possible when workers’ compensation is applied to these circumstances. Third-party entities may be litigated against even when the workers’ compensation package covers most or all of the bills accrued. The loss of income is only partially taken care of by these policies, and additional assistance may be necessary.

If there is faulty equipment used and tools are provided that could cause physical harm, liability may rest with certain persons. This is why a lawyer should be hired when an incident occurs. Even if litigation is not possible, workers’ compensation packages may need assistance to file and document. However, if the responsibility of damages falls to another individual or entity, this legal representative may ensure the suit is filed in time based on statutes of limitations, has all needed documents and the correct party has been identified. This could also apply to the premises if the injury occurred as a direct impact of the property instead of the work or equipment provided.

Safety Standards and Protocols

The Occupational Safety and Health Administration has issued safety standards and guidelines to be used in various industries as well as handbooks to follow when working at or with the company. This even includes contractors of any kind that may be working at or with the business. A reasonably safe working environment must be supplied to the employees involved and safety tools and procedures given to them so they may remain protected while performing job duties. It is also important that some persons such as architects and engineers oversee the project to ensure adherence to safety protocols is occurring as well as avoiding liability with faulty or malfunctioning products or tools.

Liability in Construction Injuries and Receiving Compensation with Third-Parties

Accidents that occur during construction projects may lead to extensive medical treatment that requires the assistance of additional compensation. In certain instances, a third-party is involved that may have acted with either negligence or gross misconduct during the situation. Because of these circumstances, it is essential to document everything that is relevant and file a claim. All information should be recorded to include those involved in the incident and who was reported to when disaster strikes. With these details, it is easier to ensure the proper person or entity is held liable and responsible for damages for a compensation claim.

Personal Injury Lawyer for Construction Cases

When various persons may be liable for damages in construction injuries to workers, it is imperative a lawyer with experience in these matters is hired after the initial consultation and the go ahead for a case has been given. Numerous types of compensation may be sought, and these cases may coincide with workers’ compensation claims given certain factors the lawyer has determined.

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Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws they may affect a case.

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