Employers and others involved on a construction project – building owners, contractors, etc. – have a responsibility to ensure safe working conditions for construction workers. Given the heavy machinery, dangerous tools, and heights from which construction workers perform their job duties, any degree of negligence can lead to serious accidents.
If you have been involved in a construction accident at the workplace, you may have legal options to get compensation via workers’ compensation and third-party liability claims. The Powell Law Firm, PLLC can help. Call 502-242-7000.
What accidents occur at construction sites?
From working with heavy machinery to standing on scaffolds hundreds of feet in the air, many aspects of the job put construction workers at risk for traumatic brain injuries, spinal cord injuries, paralysis, broken bones, illness, and other ailments. Some of the most common accidents that occur include:
- Falls from high surfaces, including scaffolding
- Electrical shock and electrocution
- Illness due to exposure to hazardous material (e.g., asbestos)
- Falling objects
- Lifting or repetitive motions
- Crush injuries due to defective equipment
- Lacerations and puncture wounds, including traumatic amputations
This is far from an exhaustive list. Whatever caused your injury on the jobsite, talk to an attorney at the Powell Law Firm PLLC to review the details. We will investigate your accident to determine what caused and contributed to your injuries, and who is responsible. This allows us to identify the compensation available to you.
Am I eligible to recover compensation for my construction injuries?
Workers hurt on the job can recover workers’ compensation benefits and may be eligible to file a third-party liability claim. Here is an overview on each type of claim:
With rare exceptions, any worker hurt on the job is entitled to workers’ compensation benefits, regardless of who caused it. Workers can recover medical benefits and partial lost wage benefits. It does not cover pain and suffering or any other non-economic damages.
As with any other insurance claim, workers will have to file a claim with the insurer to request benefits. And as with any insurance claim, getting fair benefits is not a guarantee. Insurance companies may dispute the validity of an injury, argue that it is not work-related, or try to reduce the value of benefits. The Powell Law Firm PLLC protects Kentucky construction workers from these insurance tactics by building solid workers’ compensation claims that prove entitlement to benefits.
Third Party Liability Claim
Injured construction workers generally may not file a liability claim against an employer, even if the employer was negligent and caused the injury. Workers’ compensation provides benefits in place of filing a liability claim.
But construction sites usually feature a lot of different sub-contractors, not to mention the site owner and other parties. If a party other than an employer is to blame for an accident, then injured workers may be eligible to file a third-party liability claim. Some of the parties that may be liable are:
- General and sub-contractors
- Independent contractors
- Other construction workers on site
- Property or site owners
- Manufacturers of the tools or equipment
- Other professionals connected with the project (e.g., architects, engineers)
A third-party claim is based on negligence. Proving a negligence requires you to prove four elements:
- Duty – Workers must prove the defendant owed them a duty of care. For example, contractors and property owners have a duty to provide reasonably safe working conditions.
- Breach of duty – Workers must establish negligence by showing that the defendant breached their duty. Failure to provide a reasonably safe working environment or failing to adhere to safety regulations are common forms of negligence.
- Causation – Workers must prove that the defendant’s negligence caused their injuries.
- Damages – Lastly, workers must prove their injuries were the result of the workplace accident.
A third-party claim may provide compensation beyond that available in a workers’ compensation claim. So any construction worker hurt on the job should explore the details of their accident to identify parties other than their employer or a co-worker who caused or contributed to the accident.
Contact Scott Powell after a Construction Accident in Kentucky
Attorney Scott Powell at the Powell Law Firm, PLLC fights for the rights of construction workers injured on the job. As a worker in Kentucky, you have a right to workers’ compensation. And if somebody else is responsible for your workplace accident, you have a right to hold that party responsible for the injuries and damages you suffered.
For more information on how you can recover compensation after a construction accident, please call 502-242-7000 to set up your consultation.