- January 19, 2022
- Posted by: admin
- Category: Construction Accidents
A construction site is a dangerous place to work. Although state and federal laws require employers to ensure the safety of workers, accidents happen. In the event of a construction accident, an injured worker has the right to receive compensation from his or her employer or any other party responsible for the injuries.
Although laws vary from state to state, there are three legal options available to an injured construction worker. They are:
- Filing a Workers’ Compensation claim
- Filing a personal injury lawsuit
- Filing a product liability lawsuit
Workers’ Compensation claim: When an employee is injured on the job, he or she is entitled to recover compensation for losses caused by the injuries. Under the Workers’ Compensation claim process, the injured party is entitled to payment regardless of whether the employer did anything to cause the injury. This claim typically requests compensation for medical expenses, lost wages and partial or permanent disability.
Personal injury lawsuit: If an accident occurs due to the negligence of any individuals involved in the construction project, such as general contractors, sub-contractors, architects and engineers, the worker may be eligible to recover damages by filing a personal injury lawsuit against them. The injured worker must prove that:
- the defendant had a duty to provide safe working conditions for the worker
- the defendant failed to meet that duty
- the negligence of that duty caused injury
Product liability lawsuit: If the accident occurred due to a defective piece of equipment or material, the designer, manufacturer or seller of that piece of equipment may be held liable. To recover for injuries, the injured worker must file a product liability claim. However, the worker must prove that:
- the equipment was unreasonably dangerous
- the equipment was being used in the manner intended
- the defect caused harm to him or her
At the Construction Accident Law Resource, our construction accident attorneys are experienced and knowledgeable. We handle each case compassionately, but we are aggressive litigators in the court room. If you or a loved one has been injured in a construction accident, our construction accident attorneys will thoroughly investigate your claim and guide you through the legal process. Call 800-659-9318, 718-804-5230 or email firstname.lastname@example.org.