If you are construction worker that has been hurt on the job, there are a few things you need to keep in mind. The first is that, in most cases you can’t file a claim against your employer. Because most employees are covered by Worker’s Compensation, they are eligible to receive payments for medical expenses and lost wages in the form of disability benefits when they are injured at work.
However, there are a number of other circumstances that may warrant a personal injury case. Some common scenarios that may allow you to file a lawsuit include:
- If you can prove your employer intentionally harmed you.
- If your employer does not have worker’s compensation insurance in place.
- If you work for a third party and are injured on their property or as result of their negligence.
- If you were injured by a machine at your job and we can prove the machine had a defective design.
- If you were injured by a toxic substance you may have a claim against the manufacturer of that substance.
When it comes to obtaining benefits, the type of injury you have is not as an important as the impact it has on your ability to do your job. With that said, you must be prepared to prove your illness or physical injury is valid and preventing you from working.
As you can see, whether or not you have a case will depend on a number of factors. For example, we often represent workers injured on construction or excavation sites in suits against property owners and non-employer general contractors. Also, if you were working on property owned by another company and hazardous conditions existed on that property, the property owner could be liable if you sustain an injury on the job. Lastly, if you were injured by a machine at work, you could bring action against the machine’s manufacturer for defective design. In any work-related injury, it’s best to consult with us and let us review the details to determine if you have a case or whether we can help you obtain workers’ compensation benefits.