This blog recently discussed the importance of workers’ compensation to victims of work-related accidents, which can include construction accidents. Workers injured on the job may be able to receive workers’ compensation benefits for their medical expenses and lost earnings, which may help them and their family through a difficult time following a work-related injury or death.
While workers’ compensation benefits are generally available as an alternative to a personal injury claim for damages, in some circumstances injured workers may be able to pursue a personal injury claim for damages following a construction accident. Damages that may be available through a personal injury claim include medical expenses, lost wages and pain and suffering. In circumstances when the negligence of a third party, such as a sub-contractor, caused the injuries suffered by the victim, a claim for damages may be possible.
A construction accident claim can be complex and can involve multiple potentially liable parties. Liability can be based on inadequate supervision on the job site; violation of rules and regulations intended to ensure workplace safety; or inadequately maintained or faulty equipment. The activities of the parties and the nature of their relationships helps determine liability to workers for the harm they have suffered.
Unfortunately, many construction workers are seriously injured or killed on job sites each year. Because workers’ compensation benefits may not always meet the needs of injured workers and their families following a construction or other workplace accident, it is important for workers and their families to be familiar with all the resources and legal options available to help them following a construction accident.