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A Guide To Workers’ Compensation After A Construction Accident

Posted by Bautista Leroy | Apr 10, 2017 | 0 Comments

workers compensation after a construction accident

Construction sites can be hazardous places to work. Heavy machinery, elevated workplaces, and hazardous materials all pose risks that put workers' compensation benefits to good use when injured on the job. Workers' comp provides financial help for medical expenses, lost wages, and rehabilitation benefits for construction injuries sustained at work; it may cover medical bills as well as rehabilitation. Filing for workers' comp can be daunting for those recovering from an injury. This guide aims to explain what workers' comp is, its provisions, and how you can file a claim following a construction accident.


What is Workers' Compensation?

Workers' compensation insurance provides benefits for employees injured or sickened while at work and is required by most states. This coverage protects both employers and workers by offering financial support for injured employees while mitigating liability concerns for employers.

Construction workers require workers' compensation insurance due to the inherent dangers associated with their profession. Workers' comp is available regardless of who was at fault, whether an injury resulted from falling, defective machinery, electrical hazards, or repetitive strain.


Common Construction Injury Injuries Covered by Workers' Comp

Workers' compensation covers injuries that occur on construction sites. This may include:

  1. Assumptions that falling from roofs, ladders, or scaffolds will result in serious injury.
  2. Injury caused by falling objects can occur from accidental falls of debris.
  3. Burns, electrocution, heavy equipment accidents, and repetitive motion injuries (back pain and joint pain).
  4. Environmental exposures include toxic substances and hazardous materials, such as toxic pesticides.
  5. Noise exposure over time has the potential to cause permanent hearing damage, leading to hearing loss.
  6. Long-term occupational exposure may result in diseases.


Benefits to Workers on Workers' Comp

Workers' compensation provides multiple advantages if you are injured on the job.

  • Medical Expenses
    Coverage for any medical expenses related to your injury including hospitalization, surgery, medication, physical therapy, and medical equipment.
  • Lost Earnings
    Temporary Disability Benefits may provide some of the lost earnings during an absence from work.
  • Permanent Disabilities
    If an injury results in permanent disability, compensation could be available over time or even forever.
  • Vocational Rehabilitation
    If your previous job cannot be returned to, workers' compensation may offer vocational retraining and education courses to help transition you to new positions.
  • Death Benefits
    Dependants of deceased construction workers may be entitled to death benefits including funeral costs and ongoing financial assistance.


How Can You File A Workers' Compensation Claim

As soon as a construction accident has occurred, immediate action must be taken. Seek medical treatment even for minor injuries immediately and report your accident promptly to your employer or supervisor as most states have strict reporting deadlines in place.

Your employer will then provide an application for workers' compensation benefits. Complete it correctly and return it promptly; once returned it will be reviewed by your insurance company to see if benefits are eligible to you.

Keep records of your correspondence, medical bills, accident reports, and correspondence from employers or insurance companies. If your claim has been denied, delayed, or underpaid, you have the right to appeal or request an adjudication hearing with the state workers compensation board in your state.


Contacting a Workers' Compensation Lawyer

Insurance companies may impede or deny your claim for workers' compensation benefits. Conversely, others might go smoothly. Speak to an experienced workers' compensation lawyer if your injuries are severe, or benefits have been delayed. An attorney with this expertise can protect your rights and gather evidence for support during this process.

Construction accidents can result in serious injuries as well as financial strain for years. Workers' compensation was created to help injured workers recover, but it can sometimes be difficult. By understanding your rights and benefits as well as seeking legal assistance if needed, pursuing compensation after construction injuries will become much simpler.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

 

Summary

Even if safety measures are in place and rules are followed, construction sites can still be dangerous. Injuries might happen from different causes, such as faulty or poorly maintained equipment, inadequate training or supervision, falling tools and other materials, lack of proper safety gear, slippery or uneven floors, exposed wiring or electrical hazards, faulty heavy machineries, poor lighting or limited visibility, or improper warnings signs or safety barriers.  

It takes time to recover from a construction accident. Therefore, if you get injured in such accident, it is important to understand worker's compensation and learn how to successfully take action so your medical bills, lost wages, or even pain and suffering can be covered. In order for you to focus on healing instead of worrying about the paperwork, you have to know your rights and take the following steps correctly:

  • notify the manager or the employer about the accident as soon as possible
  • seek medical attention (even if the injury seems minor)
  • document the incident (take photos of the scene, your injuries, etc.) 
  • keep your own copies of the important documents (medical records, hospital bills,
  • transportation costs, and other documents related to the accident)
  • identify witness and get their contact information
  • file the worker's compensation claim within the required deadline and review it
  • follow up on the treatment plan and other medical appointments
  • track your missed workdays
  • if necessary, consider speaking with a worker's compensation attorney

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