Construction Accident Injury Claims

The construction industry presents numerous potential hazards both for employees in the industry as well as for the general public. While it is possible to make construction sites safer by putting in the effort to ensure the best safety standards are met and upheld, the inherent dangers of construction work still lead to many injuries.

How an injured individual should handle a construction related injury will depend on many factors. Was the injured person an employee or a pedestrian or other member of the general public? Who was at the site and who created the danger? Was it the contractor? A sub-contractor? Or a faulty piece of equipment? All of these issues will determine the way that the claim will proceed.

Injured Construction Workers

Construction workers who are injured in the course of their work on a construction site will likely have to file a claim for workers’ compensation, and will not likely be able to file a lawsuit against their employees. This means that the claim will not be processed through a court of law, but through the state agency that handles workers’ compensation claims.

After seeking medical attention for the injuries suffered, the worker will have to report the injury to his or her supervisors. Depending on the state, he or she may also have to file a claim with the workers’ compensation agency. The workers’ claim will be reviewed, and the employer’s insurer will either pay the claim, or deny all or part of it. Unsuccessful claims can typically be appealed.

It is important to remember that with the complex nature of construction sites and construction work, it is possible for an injured employee to be able to file a case in a court of law against someone who is not his or her employer. This could be a manufacturer who made a piece of equipment that malfunctioned, leading to the injury of a construction worker, or a motorist who drove onto a construction worksite and injured a construction worker.

Other Injured Individuals

When someone other than a construction worker is injured by a construction worksite accident, the injured party is not limited to collecting workers’ compensation benefits. In these cases, the individual will likely file a case for negligence against the party or parties responsible for causing the accident. These individuals will have their cases heard in a court of law.

Whether an individual was injured in the course of a work related accident, or whether he or she was injured while passing by a construction site, it would be a good idea to reach out to an attorney who has plenty of experience in construction site accident claims.

Although workers’ compensation claims are often filed without the assistance of an attorney, consulting with an attorney can be helpful in many cases. Given the severity of many construction worker accidents, the claims are often for high amounts. Additionally, these claims are often complicated. When claims are complicated or expensive they are more likely to be challenged by insurers. An attorney can help increase your chances of recovering everything you are entitled to.

For claims not being filed against the injured party’s employer, an attorney should be consulted. These claims will proceed in court, and an attorney will be able to file your claim.

Contact Stern Law, PLLC for A Free Consultation

At Stern Law, PLLC, we have compassionate and caring attorneys ready to work with you in order to find the best strategy for seeking compensation for your construction related injuries. Contact Stern Law, PLLC today at (844) 808-7529 for a free consolation with an experienced attorney.