Construction can be a dangerous profession and workplace accidents are common. According to the Bureau of Labor Statistic, 150,000 construction site injuries occur each year. There are, however, procedures and precautions that can be done to make construction work as safe as possible. The Occupational Safety and Health Administration (OSHA) is a division of the Department of Labor that sets safety standards for employers to follow. Unfortunately, despite these regulations, construction accidents are still a frequent occurrence.
Construction accidents can happen due to a lack of proper training, misconduct from an employer or co-worker, or problems with equipment. There are four categories of construction accidents that account for 60 percent of all construction worker deaths. These four categories are known as the “fatal four” and include:
- Stuck by object
- Caught in between
A construction accident can leave a worker with medical expenses and lost wages when time off work is required for recovery. This can create a financial burden not only for the worker, but also the entire family. There are a couple of routes a construction worker can take to alleviate the financial burden after a workplace accident. This includes filing a workers’ compensation claim or a personal injury lawsuit.
Employers are required to provide insurance for employees in the event of a workplace injury. This type of insurance is called workers’ compensation. An injured worker can file a claim and receive benefits to cover lost wages and medical expenses, without having to prove liability. However, when a workers’ compensation claim is filed, the worker gives up their right to file a personal injury lawsuit.
There are certain situations where a personal injury lawsuit can be filed. If an accident occurs because of a third party, such as an equipment manufacturer, filing a personal injury lawsuit may be the best course of action. Compensation for a personal injury lawsuit may include lost wages, lost earning capacity, medical expenses, and pain and suffering. A victim of a construction accident may be able to recover more from a personal injury lawsuit rather than a workers’ compensation claim.
The amount you may be compensated for depends on several factors including:
- Severity of injuries
- Cost of medical expenses
- Length of recovery time
Construction accidents can be devastating and overwhelming, especially when the worker is facing lost wages and high medical expenses. A workers’ compensation claim or a personal injury lawsuit can help alleviate some of the stress during this difficult time. An attorney can advise you whether you should file a workers’ compensation claim or a personal injury lawsuit.
If you were injured in a construction accident, contact the Law Offices of Rudolph F.X. Migliore. Our office provides personal service and is there to help you through every step of the lawsuit process. Call our local Long Island office at 631-543-3663 to schedule a free consultation. We are your point of contact.