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Home Legal

What Compensation Is Available in a Construction Accident Case?

June 6, 2022
in Legal
Reading Time: 3 min
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What Compensation Is Available in a Construction Accident Case?

Construction is one of the most dangerous industries in the US and accidents that happen usually cause a lot of physical, emotional, and financial damage to the victims. The expenses can quickly add up and since the victim is no longer able to work, it can become a huge burden. Fortunately, victims have access to compensation for a construction accident with the assistance of an attorney that has extensive experience in these claims.

Workers’ Claim Compensation

Workers who are covered by workers’ comp will be eligible for benefits regardless of who caused the incident or not. It covers:

Full medical care

All the medical bills and expenses should be covered by the settlement, no matter how long the treatment takes. However, the physician treating the employee must be authorized by the workers’ comp board before receiving treatment.

Partial wage replacement

Workers who have been injured will be paid a fraction of their weekly wage as they are recuperating. Thus, they can still pay some bills without worrying about any mounting debts.

Death Benefits

If a worker dies from an injury that can be compensated, the family of the deceased may receive weekly wages of two-thirds of the deceased’s average weekly wage.

Disability Benefits

If the victim becomes partially disabled, they can get a fraction of their average weekly wage until they begin working again. Moreover, if they get limited work after returning to work and are not able to make as much money as before, they can get paid for the difference in their earning capacity.

Personal Injury Claim

If you need reimbursement for a construction accident from a third party who caused your injuries at the building site, you are entitled to file a suit against them. Third parties include manufacturers, subcontractors, landowners, and general contractors. Third-party lawsuits allow the victims to get a settlement that covers:

Medical costs

The victim can recover the medical expenses they incurred such as physical therapy, mental health treatments, emergency room treatment, surgery, prescription medication, and doctor visits among others. Moreover, the plaintiff may get enough money to cover future medical expenses.

Disability costs

Victims who have become fully or partially disabled following the incident usually depend on the settlements as their only source of income. Therefore, if you have been fully disabled, you should work towards getting a maximum settlement for your loss, including future nursing expenses.

Loss of income

A negligent third party may be liable for the salary and income you have lost and the loss of your ability to put food on your table. A great settlement usually covers the loss of present and future income, allowing you not to worry about how you’re going to make a sustainable living.

Pain and suffering

Casualties often undergo a lot of physical and emotional pain and suffering. Moreover, they can suffer from loss of independence, reduced quality of life, and trauma. A lawsuit allows the casualty to recover the pain and suffering damages.

Punitive damages

Punitive damages are awarded to the victims to prevent the defendant and other people from acting similarly. In order for the plaintiff to be awarded punitive damages, they must prove that the defendant was reckless and did not rectify an issue that was dangerous to the health, safety, and rights of other people. Punitive damages vary in amount from one case to another.

Product Liability Claim

Sometimes faulty tools, equipment, materials, or heavy machinery can cause worksite injuries. In such cases, the injured party can file a claim against the manufacturers.

Non-subscriber employer Claim

Many employers in some states do not provide workers’ comp benefits. If you work for an employer who does not provide the reimbursement, you can file a claim based on non-subscriber employer laws to get reimbursed for damages.

Wrongful death Claim

If you have lost a loved one in a building site incident, you can file a claim against the negligent parties. Victims who have sustained injuries in a building site incident can get reimbursed by filing different types of claims depending on who caused their injuries. The different claims include workers’ comp claims, personal injury claims, product liability claims, wrongful death claims, and non-subscriber employer claims. It is advisable to hire an attorney who can help you know who the negligent party is, which claim to file and how to get a full settlement.

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