The construction industry is one of the most dangerous professional fields. Despite advancements in technology, safety equipment, and training, it still sees a high number of workplace accidents. These accidents lead to severe injuries to construction workers. They can also turn fatal in certain cases.
For instance, around twenty percent of workplace deaths occur in the construction industry. This is despite the field accounting for only six percent of the labor workforce in the United States.
Employers are liable to provide compensation to workers injured while working. The compensation may be provided by the employer itself. However, sometimes even a third party may be responsible for compensating for the injuries sustained. These include equipment manufacturers, property owners, and third-party contractors.
Before anything else, let’s first understand what worker’s compensation exactly is.
Understanding Workers Compensation
Worker’s compensation are laws that define the benefits an employee is entitled to when they get injured on the job. The compensation covers the cost of treatment, lost wages, and other losses incurred due to the injury.
Entities Who Are Liable for Work-Related Injuries
Usually, it is the company owner or the management who are liable for any work-related injury. It is their duty to ensure the safety of the workers. However, in certain cases, the liability for worker injury can rest with other parties.
For example, a construction site owner or the landlord is liable to ensure worker safety if they still have control over the site during the construction process. However, in most cases, landowners transfer the property rights to the construction company. In such instances, the construction company is liable to pay the injured worker compensation.
Similarly, a work injury may happen due to faulty equipment or tools. In such cases, the liability may lie with the equipment provider and not with your employer.
Moreover, other parties that may be liable for work-related injuries are architects, engineers, sub-contractors, and co-workers.
They are liable to pay you financial compensation for the losses you’ll incur as a result of the injury. They are also liable to provide you with emergency medical care to ensure the injury is taken care of at the earliest.
Workplace injuries and compensation can sometimes become complicated cases. The parties might try to pass the blame for the injury to other parties, including you. It can result in a loss of time, money, and resources and make the whole process frustrating.
To ensure that no party is unjustly enriching the other, work injury lawyers get involved pre-settlement. They are the specific types of lawyers who specialize in worker compensation.
They ensure that injured workers know their rights and what they can demand from their employer in cases of work injuries. On the other hand, they also protect employees by determining which work-related injuries are under their scope of liability and which are not.
Compensations for Injured Workers
Under federal and state laws, injured workers are entitled to the following compensations:
Medical Treatment
If you sustain work-related injuries, you are entitled to receive all the necessary medical care and treatment. This includes first aid, medical consultation, hospitalization, and other required treatment.
Moreover, you are entitled to receive monetary compensation for the medical care received. This includes compensation for medical bills, prescriptions, and even the cost of travel to and from the hospital.
You might be required to use a medical institution assigned by the company to seek medical help. But, you can change it, subject to approval from the organization.
Temporary Disability Payments
If the injury results in you missing work, you are entitled to receive monetary benefits equal to the work hours lost in recovery. These are termed temporary disability payments. Generally, there are limits on the pay rate. But, in most cases, the average pay rate is about two-thirds of the actual pay.
You will receive the payments every two weeks in most cases. However, to claim the compensation, you will require verification from the doctor’s end. The doctor should give in writing that you are unable to work. This document needs to be submitted to the employer, after which your check will be cleared.
Permanent Disability Payments
You are entitled to permanent disability payments if you can’t completely recover from the injuries sustained. Permanent disability means that the individual can’t work as before. They can’t compete with the general audience in the open labor market.
The compensation for permanent disability depends on various factors. For example, the extent of limitation to work is a major factor in deciding the compensation. Similarly, the age of the individual, the hourly wages, and the occupation, too, play a major part in deciding the permanent disability payments.
Vocational Rehabilitation Payments
In certain cases, the injury might prevent the individual from returning to the previous job. But, they can switch to a different occupation. In such cases, vocational rehabilitation payments are provided. The payments assist the individual in getting another job.
The compensation in vocational rehabilitation payments has a monetary and time limit. It is distributed until the individual finds another job. The employer can also offer a different job position to the injured individual in place of vocational rehabilitation payments.
Steps to Take in Case of Injury
If you sustain work-related injuries, follow these steps to file a compensation claim and get compensated fairly and quickly.
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Report the Injury
You need to report the injury to your senior as soon as possible. Take photographs of the injuries sustained. If you can, report the injury in writing. Keep a report copy with you as it will help in later stages of compensation filing.
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Fill Out a Compensation Claims Form
After filing a report, ask for an official compensation claims form from the employer. Until you complete the form, the employer is not legally obligated to provide you with work-related injury benefits.
Make sure that you fill the form correctly. Kee a copy of the claim form with you. Now, it is the responsibility of the employer to take the necessary steps to ensure that you are compensated. Meanwhile, you should seek medical help.
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File the Compensation Claim
Once you get the required medical attention, file the compensation claim. A delay on your end can lengthen the time involved in receiving the compensation. Moreover, it can play a major role in whether you’ll receive the benefits or not.
Parting Thoughts
While filing a compensation claim looks easy, it definitely is not. The process can easily become time and resource-consuming if not carried out properly. You might even end up receiving no claims at all!
Thus, it is best to hire a work injury lawyer at the earliest. They will handle the entire compensation claim procedure for you at a nominal fee. You will be guaranteed to receive fair and timely compensation when you hire a lawyer instead of going in all alone.