Construction accidents are common and sometimes inevitable. If you are someone who has suffered an injury at a construction site then you will get a chance to file for worker’s compensation, which can help you pay your bills while you recover from your wounds /injuries. You may also be entitled to bring a separate personal injury lawsuit and claim money from the damages in certain situations. So yes, an employee injured at a construction site can claim both workers’ compensation and personal injury claims from the same incident. This lawsuit could be very complicated and hence would probably demand the experience of a construction accident lawyer in both workers’ compensation and personal injury litigations.
Why is there a need to file both workers’ compensation claim and Personal Injury Suit after a workplace accident?
On suffering from an accident on a construction site you will be given workers’ compensation which will aid in paying for the additional medical expenses but it will not compensate fully for the pain and suffering that you had to go through because of your injuries. In such a case an additional lawsuit against the negligent third party can be filed to seek additional compensation. Getting injured at work can be a traumatizing event and if you are not getting full compensation for your lost wages from the workers’ compensation then this can cause even more stress and financial issues. To get out of such a situation, the only remedy is to file a personal injury lawsuit. There is a lot of overlap between personal injury claims and workers’ compensation and it can get a little tricky to navigate these complex cases. Hence, you will need a construction accident lawyer by your side, to help you sail through this complicated situation.
When should you file for a Personal Injury Suit after a workplace accident?
Sometimes the compensation received from the workers’ compensation claim does not do justice to your pain and suffering and hence there is a need to file a workplace injury lawsuit. Here are some examples of workplace injuries where personal injury lawsuits can be filed.
- Injury involving the third party
- Injury due to unsafe work conditions
- Injury due to defective tools/equipments
- Inappropriate workers’ compensation benefits in the workplace
You might have been injured due to a third party such as the individual employee, a contractor, a builder etc.
Providing safe working conditions for the employees is the most important thing to do for a property owner. In case he/she fails to do so, and you get injured due to those conditions then you are eligible to file for a personal injury claim on top of workers’ compensation claim.
Got injured because of a defect in an equipment/tool, you can file a separate product liability case against the tool manufacturer or the owner of the site who failed to maintain the equipment/tool in addition to a workers’ compensation claim.
Not satisfied with the workers’ compensation benefits provided by the employer? Sure you can make a personal injury lawsuit.
Unhappy with what you got from the workers’ compensation? Worry not, WE the Siler & Ingber team of attorneys will help you file an additional personal injury claim so that you can live a comfortable life even after the traumatizing incident that occurred with you. If you’re looking for a construction accident attorney in Brooklyn, Bronx or Manhattan. Get in touch with us and our lawyers will do their best to get you the compensation that you deserve.