The vast majority of employers are required by law to have workers’ compensation insurance to cover their employees if they are hurt on the job. In theory, workers’ comp covers all accidents and injuries, even if the worker contributed to the accident unless drugs or alcohol were involved. That being said, insurance companies don’t like to lose money and commonly train their adjusters to find ways to deny legitimate claims.
All it takes is a simple mistake on a claim form for a workers’ comp claim to be denied outright. While an appeal can be filed, the appeals process may take months to complete.
It doesn’t matter if you are filing your initial claim or just beginning the appeals process – an experienced attorney can help to get your workers’ comp claim paid as quickly as possible.
However, even if the claim is immediately approved and the maximum amount paid out, workers’ comp will only cover medical expenses and a fraction of lost wages and it frequently isn’t enough.
A Construction Accident Lawsuit
While pursuing a construction accident lawsuit may seem like an extreme step to take, it may be the only way to get the full compensation that you deserve.
Construction accident lawsuits are filed against the party or parties whose negligence resulted in the accident which caused your injury. This might include the manufacturer of a defective tool, a contractor who created a dangerous environment on the jobsite, an architect or engineer, or even the owner of the site. In some cases, there may be multiple defendants.
While it may take a bit longer to obtain compensation through a lawsuit, a settlement or award can fully cover all of your past and expected future losses.
Can I Sue My Employer?
In most cases, it is not possible to file a construction accident lawsuit against your employer. This is because workers’ compensation doesn’t just protect the employees, it also protects the employer from being sued by their employees.
How Do I Know Whose Negligence Caused My Injury?
In some cases, the negligent party is easily identified from the very beginning. For example, if a contractor fails to properly install scaffolding and that scaffolding collapses, it may be obvious to those involved that the contractor failed to provide a safe structure for workers to use.
Sometimes, it can be difficult to identify the party at fault and many construction workers are unaware that they have the option to pursue a construction accident lawsuit for this reason. That’s why it’s best to always have a lawyer review your case after a construction accident.