Union Construction Accident Lawyer
Safety should always be a top priority on construction sites. Safety regulations serve an essential purpose in keeping worksites safe. However, in reality, workers may face pressure to meet deadlines, causing them to take risky shortcuts that jeopardize site safety. Accidental non-compliance with safety standards also increases risks. While many mistakes are minor and not harmful, the potential for severe injuries on construction sites is much higher. While workers are at the highest risk, construction sites can also lead to injuries for visitors and bystanders.
A person’s role can impact their ability to recover and how they should approach recovery. Workers at construction sites usually have recourse for their injuries through the workers’ comp system. They may also have additional claims if a third party causes some of their injuries. Non-employees have to pursue recovery through a personal injury lawsuit. While it is not necessary to prove fault to recover under a workers’ compensation claim, looking for fault can help reveal any third-party claims.
A construction accident lawyer in Union could help you understand all of your legal options following an accident. Our personal injury attorneys could help you file a workers’ compensation claim, pursue an insurance settlement, or file a lawsuit.
Workers’ Compensation Claims After Construction Accidents
Most injuries suffered by workers on construction sites fall under workers’ compensation. To recover under workers’ comp, the injured person must be an employee and injured while in the course of employment. They do not have to be injured on-site, but being at a work site—including a construction site—could help a person demonstrate that they were in the course of employment at the time of the injury.
Workers’ comp is a more straightforward process for injured employees to receive benefits. One significant benefit is that the injured worker does not have to prove negligence. While there are some exceptions, generally, a worker who can show they suffered a workplace injury can recover.
The downside to this simplicity is that workers’ compensation limits payouts. In addition to lower payments for lost wages and reduced earning capacity, workers may get lower values for their injuries and other damages. These lower amounts are a compromise for the streamlined system.
Of course, insurance companies still try to reduce the number of payouts. They frequently dispute the extent of the injuries or claim an employee can return to work sooner than is safe. A construction accident attorney in Union could assist a person in securing their workers’ comp benefits.
Employees may also be able to file a lawsuit against their employer. Generally, workers’ compensation is the sole remedy, which eliminates a worker’s ability to file a personal injury lawsuit. There are certain conditions, such as reckless or malicious behavior, that can support a personal injury lawsuit.
Additional Claims for Construction Injuries
While employees are generally restricted to workers’ compensation claims, that remedy is not available to non-employees. Those people may include workers who act as independent contractors, as well as visitors and bystanders. Those people can file a personal injury lawsuit to recover their damages.
On most construction sites, several different companies, contractors, and subcontractors handle different aspects of the job. Determining liability involves investigating factors such as who was responsible for the accident and who controlled their actions. Both the individual and their employer may be responsible.
Construction workers may be able to file third-party claims if their injuries were the result of someone who is not under the direction and control of the same employer.
Consult with a Union Construction Accident Attorney
Construction accident cases can be complex. You may have claims against multiple parties or a mix of workers’ compensation and personal injury claims. It is vital to understand the different timelines for all claims, whether accepting any settlements will prevent claims against other parties, and more. Dealing with that information after an accident can be overwhelming. Fortunately, a Union construction accident lawyer can help you understand your potential remedies. Schedule a consultation to learn more.