Workers' Compensation

Thousands of construction workers are injured or even killed each year due to work related injuries. Although almost all of these injuries are eligible for workers compensation, many require claims in addition  to or in lieu of workers comp. If your injury was sustained at work, chances are you will be eligible for workers compensation. A workers compensation lawyer can help you determine the extent of your employers liability, as well as identify any third parties who might be held liable in addition to your employer.

The laws governing workers compensation vary from state to state. Workers compensation is not a lawsuit. Filing for workers compensation is more like filing an insurance claim, but the many laws and statutes that dictate the procedure of filing a workers compensation claim are so complicated that you may receive an unfair award if you do not have knowledgeable legal representation. If you are injured on a construction site, you need to contact a construction accident lawyer who can help explain the laws pertaining to construction accidents and how they relate to workers compensation laws in your state.

Workers compensation is designed to protect both employer and employee. The system has been designed over the years to be as fair and beneficial as possible to all parties involved. Employees may be entitled to lost wages, medical expenses, and loss of future earnings, as well as certain other benefits under other extenuating circumstances. In return, any employer who has the legally required level of workers compensation insurance cannot be sued for their employees injuries, no matter who is at fault. There are exceptions to this rule, of course. Your workers compensation attorney or construction accident attorney will be able to explain the legalities in detail during your free initial consultation.

If you are injured in a construction accident, consult a construction accident lawyer as soon as possible. You are entitled to a certain number of claim compensations. You may be entitled to compensation for medical costs and future medical costs, prescriptions, and under certain circumstances compensation for travel to and from medical treatment. You may have to see the company doctor for the first month to fulfill insurance requirements, but after thirty days you should be free to see the physician of your choice with a written request.

Temporary Disability

You may be eligible for a full or partial compensation for lost wages due to your injury through temporary disability benefits. It is rare to receive full compensation for lost wages. The general expectation will be compensation that equals roughly two thirds of your average weekly paycheck. Your physician must declare you disabled in order for you to start receiving temporary disability benefits.

Permanent Disability

If the injury you suffered will be permanently disabling, you may receive benefits that reflect a new inability to compete with uninjured workers for jobs that will hinder or disallow you to successfully gain employment. The benefits will be based on the severity of your injury and the resulting severity of your disability. Your future earning potential will be determined through an assessment of your age and previous earnings, and an award may be made to compensate you for loss of future earnings. These benefits may run in the tens of thousands of dollars, so you should seek the advise of a workers compensation attorney if you believe you may be permanently disabled.

Vocational Rehabilitation

If your job related injury keeps you from being able to return to your previous job, you may be eligible to receive benefits that will pay for the training or assistance you require to get a new job. This might be the case if a construction worker is now unable to lift heavy objects, and so needs to acquire the skills of an office worker. In some cases, instead of paying for these benefits, an employer may simply offer a new position within the same company. A construction accident attorney will be able to advise you as to which course of action will be most beneficial to you and your family.

Please visit our “How To File A Construction Accident Claim” section for more information.

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