Construction work is a very dangerous job, with many accidents happening due to unsafe working conditions. If you find yourself as a victim of an accident that results in an injury, you'll likely have the following questions.
Will You Need To Use Workers' Compensation For Your Injury?
You may be wondering if a construction site injury will be covered under workers' compensation. If you are an employee of a construction company and suffer a workplace injury, you will be entitled to use workers' compensation insurance to get the money you need to cover your medical bills. You won't be able to sue your employer for additional compensation due to negligence. The point of these laws is to protect the worker, but it also takes away the right to directly sue your employer in this type of situation.
However, things become a bit more complicated if you are an independent contractor working for a construction company. If you are not classified as an employee of the conduction company that hired you, such as being an independent electrician or plumber that was brought in, then you can't use workers' compensation. Instead, you'll need to file an injury claim against the responsible party to receive compensation or use your own workers' compensation insurance.
When Can You File An Injury Claim As An Employee?
There are times where you are allowed to file a workers' compensation and an injury claim when you are injured on the job site. If the injury was due to no one's fault, such as simply slipping off a ladder while performing the duties of your job, then you'll only be able to use workers' compensation. If you fell because the ladder was defective and broke, you have the option of filing an injury claim against the product manufacturer to receive additional compensation.
What About If You're An Undocumented Worker?
If you are an undocumented worker, you may be hesitant to pursue legal action against somebody because of your current citizenship status. However, know that your rights are the same as anyone else's if they were injured on the job. You can still sue an employer for damage that happens due to suffering an injury and seek compensation in mediation or in court. You deserve to be compensated for your injuries, and shouldn't have to live with them just because of your citizenship status.
Reach out to a personal injury construction lawyer in your area for more information.Share
7 December 2021
Did you know that many personal injury and car accident cases do not even end up being heard in front of a judge or jury? That's because most defendants would rather settle out of court so that they do not have to go through the expense and annoyance of a lengthy court battle. Personal injury attorneys need to be prepared for this. In addition to being ready to defend their clients in court, they need to be skilled negotiators. As you can see, this is a job that requires many diverse skills! Learn more about those skills, and about personal injury attorneys in general, right here on this site.