Construction sites are notoriously dangerous. In fact, in 2009 alone there were 3.3 million non-fatal construction site injuries and illnesses across the United States. Of these injuries, falls accounted for 20%. The construction industry also has the highest fatal occupational injury rate – nearly 3x that of all workers in the United States. If you or someone you love has been injured in a construction site accident, it is important to know what you can and cannot do to recover the money you need to pay your medical expenses and lost wages.
When Your Construction Accident is Covered by Workers’ Compensation
Construction workers do have recourse in the event they are injured in a construction site accident. Workers’ compensation benefits generally provide much-needed financial support to the injured worker and his or her family. Workers’ compensation benefits include payment of medical expenses related to the accident, as well as, a weekly check for the worker who is unable to return to work right away.
Cash benefits are not paid for the first three days of the disability. Once an employee misses more than 3 days of work due to injury, they are then eligible for temporary disability. If you have sustained a disability because of your injury, you may be eligible for either permanent partial disability or permanent total disability.
Third-Party Liability for a Construction Accident
Depending on the circumstances of your construction accident as well as the severity of your injuries, workers’ compensation simply may not be enough to cover your medical and day-to-day living expenses. The construction company is responsible for following and enforcing OSHA safety regulations; however, Colorado state law prohibits employees from suing employers for on-the-job accidents. Negligent contractors, owners of the property, manufacturers of the equipment and even the architect on the project may, however, be held accountable through a personal injury or wrongful death lawsuit.
This means if the negligent party was aware of a specific danger yet failed to correct that danger and you were injured as a result, you could be eligible to file a personal injury lawsuit. If your injury was the direct result of a faulty piece of machinery or defective tool, you may even be able to bring a product liability case against the manufacturer of the item responsible for your injuries.
Contact Our Denver Worker’s Compensation Attorneys
If you or someone you love has been injured on a construction job, our attorneys can review all of your legal options with you. Call Denver worker’s compensation attorney Robert Paysinger today to discuss your case. Our law firm offers FREE case consultations and can be reached at 303.279.0221. You should not have to suffer alone – worker’s compensation laws are there to protect you! Call today to learn more.
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