Workers’ Compensation and Construction Site Injuries

Employers in all 50 states have a responsibility to provide their workers with worker’s compensation in the event of a workplace injury. They must provide this insurance in accordance with state requirements, otherwise they will run the risk of going to court for personal injury claims. States have their own process in personal injury claims, and once the company fails to defend themselves or is determined to be in the wrong, they can be up to hefty fines and penalties.

Construction sites are notoriously known as one of the most dangerous workplaces to be in. The presence of heavy equipment, combustible materials, slippery and high places, and long working hours can lead to a great number of accidents and injuries. In order to prevent accidents such as slips and falls, explosions, and many others, employers are required to provide safety trainings, orientations, and gears to their worker’s to protect them from dangers. Failing to do so can cause them to be liable for a personal injury claim, especially if the accident was caused by the company’s intentional or egregious conduct.

To be clear, worker’s compensation allow workers to have financial support after an accident regardless of who is at fault for the accident. This would also prevent the worker from suing the company. It is a protective insurance for both parties. One you have applied for a worker’s compensation benefit, you are not allowed to sue the company or employer. Likewise, if you file a personal injury claim, you have no legal right to ask for worker’s compensation. That is to say that workers’ compensation and personal injury are mutually exclusive. There are many factors to consider, such as the severity of the injury, if the company offers such benefits, and who is at fault for the accident.

Many workers who have been injured in construction site accidents have suffered emotional, financial, and physical strains. It is important, therefore, to first determine what type of claim would work best for your case, according to the website of Hach & Rose, LLP. Consulting with lawyers who know the labor laws in you are would be beneficial in determining how it would affect your claim and its outcome.