Who Do You Hold Liable for a Construction Accident?
A construction accident can cause catastrophic injuries to people working on the job site. The Occupational Health and Safety Administration (OSHA) has tracked about 200 construction-work related fatalities in Florida each year for the last decade or so, with most of those occurring due to structural collapses, falling objects, crush injuries, and electrocution. With such danger being present on the average construction site, construction workers need to be aware of their options to pursue compensation in case they ever get injured.
Seeking Compensation with Workers’ Comp
If you are an employee of a construction company that provides you workers’ compensation insurance coverage, then you essentially have your path to compensation already laid out before you. Workers’ comp is designed to pay for all necessary medical care for an injured employee. It also provides a portion of regular work wages to an injured employee for as long as they are still debilitated and recuperating from their injury.
An employee who purchases and provides workers’ compensation insurance is effectively barred from any legal retaliation for an on-the-job accident, even if it is a catastrophic construction accident. All claims for benefits will be handled through workers’ compensation instead.
When Using a Civil Lawsuit is Appropriate
Workers’ compensation is not always available or always the right choice after a construction accident, though. If you work on a construction site but are not technically employed by the construction firm, then it is possible you are an independent contractors. Most independent contractors are not covered by workers’ comp policies provided by an employer. A personal injury claim would have to be used to see if you can recover compensation that way.
There may also be unusual circumstances that call for a lawsuit against a third party and not your employer after a construction accident. For example, if another worker intentionally pushed you down a flight of stairs, you could likely file a claim against them while also getting workers’ compensation benefits through your employer.
Need to File a Claim? Get Legal Help Today
Are you not sure if you should be pursuing compensation through workers’ comp or a personal injury claim after a construction accident? Call (850) 764-0383 to connect with Attorney Wes Pittman of The Pittman Firm, P.A. He can use his 30+ years of legal experience to help you determine what legal avenue is best for your case. Free consultations are available to inquiring clients.