Construction workers face the risk of serious injuries daily. Even if everyone is doing their part to ensure that workers are properly trained, get the required rest periods, and follow all important safety measures, accidents happen. Sometimes, these construction accidents may also have occurred because someone was negligent.
When you are injured while working on a construction site, you need to know your legal rights under the state’s workers’ compensation and personal injury laws. While construction injury cases are a type of workplace injury claim, these matters may present unique challenges. Read on to learn more about your rights after an accident.
Overview of Construction Injury Claims
Most employers in Missouri must carry workers’ compensation coverage if they have at least five employees. However, companies in the construction industry need to take out this kind of coverage even if they have just one employee. While individuals injured in another workplace may or may not have an employer with workers’ compensation coverage, construction workers almost certainly will.
Workers’ compensation benefits should pay for all your necessary medical treatment from your construction accident injury. Moreover, in Missouri, there are four primary types of workers’ compensation disability benefits that may be relevant to injured construction workers.
Temporary Partial and Total Disability Benefits
You could receive temporary partial disability benefits if your injury imposes short-term limitations on your ability to perform certain aspects of your job. On the other hand, if you are unable to work at all for a short-term period, you may be entitled to temporary total disability benefits.
Permanent Partial and Total Disability Benefits
There are two types of permanent disability benefits. A permanent partial disability may be paid out if your injury imposes permanent limitations on your ability to work as you did before the accident. However, you can still work in some capacity. On the other hand, if your injury prevents you from ever returning to work, you may be eligible for permanent total disability.
Disability payments are calculated based on average earnings. Workers’ compensation for either disability or medical bills is not taxable. And, if you are eligible for benefits, compensation for disability may not pay out until a three-day waiting period has passed. However, if your construction injury keeps you from working for over 14 days, you will also be compensated for those three days.
Construction Injury Claims vs. Workplace Injury Claims
Construction injury claims are like many other workplace injury claims in the sense that these usually involve filing a workers’ compensation claim. Workers’ compensation benefits operate in a no-fault system, so you can’t usually sue your employer if you are injured on the job. For many employees, workers’ compensation benefits encompass the full extent of financial recovery available.
However, construction accidents often involve multiple parties who could bear legal fault. So, for instance, if a subcontractor, landowner, co-worker, or general contractor was in any way at fault for your injury, you may have a viable claim to file a lawsuit against them for personal injury damages. Personal injury claims are based on proving fault. Recoverable damages could include a range of compensation not included in workers’ compensation benefits, such as pain, suffering, and future medical expenses.
Of course, the injuries and damages you might sustain while working on a construction site could be considerably more severe than if you worked in another environment, such as an office setting. Construction accident injuries like broken bones, head trauma, and spinal cord injuries are far too common. Toxic exposure, burns, and electrocution injuries can also occur on these work sites. As a result, construction injury claims for workers’ compensation benefits can involve prolonged periods of disability.
A Workplace Injury Attorney Advocates for Construction Workers
A construction injury may happen in a situation where no one is at fault. In most cases, you can’t sue your employer if you are injured while working on a construction site. However, you could be entitled to various workers’ compensation benefits.
When the careless actions of someone other than your employer contributed to your accident, though, you may be entitled to file a personal injury claim as well as a workers’ compensation claim. A knowledgeable legal professional can explain your legal options and help you get the full recovery you deserve. Contact our office today for a free, one-on-one legal consultation with a dedicated attorney.
