Workers’ Compensation and Construction Accidents

It is no secret that workers in the construction industry are constantly exposed to daily risks of injury.  In fact, according to the Bureau of Labor Statistics, every construction worker will at one point in their career experience a work-related injury. Any construction worker that is injured at work should know about the rights he/she has for financial compensation in the event of a personal injury.

Construction Industry Accident Data

As of 2015, construction workers make up roughly 4% of the workforce in the United States. However, they make up about 20% of all worker deaths. Additionally, an estimated 65% of these deaths is due to a fall, being struck by an object, electrocutions, and getting caught in or between.

Also, the National Safety Council reports there were about 70,000 non-fatal injuries to construction workers in 2015. Back and hand injuries were the most commonly reported injuries.

Workers’ Compensation Benefits

As long as the work injury occurred during the course and scope of employment, the injured worker may be entitled to workers’ compensation benefits. Here are some of these available benefits:

Medical Benefits

Workers’ comp insurance companies pay medical bills that are reasonable, necessary and related to the accident. The medical provider seeking approval and payment for medical bills must be submitted to utilization review.

Lost Wages

If at least 5 days are missed from work, the injured employee is paid 60% of his/her average weekly wage. This wage amount is determined by looking at total wages for 52 weeks prior to the injury, and that amount is divided by 52. If the employee has more than one job, all wages are considered when arriving at an average weekly wage.

Scarring and Loss of Function

A one-time payment is also available for any scarring to the hands, face or neck. Also, if a loss of function is documented by a doctor in a report, a payment can be made to the worker for this as well.

Third-Party Negligence Claims

Besides having a workers’ comp case to pursue, the injured construction worker may bring a third-party negligence case, too. What is required for these cases is that a party – other than the employer – was responsible for causing injury to the employee. This can include the general contractor and a subcontractor.

Keep in mind the workers’ compensation insurance company will have an automatic statutory lien against a third-party case for any payments they made to the injured worker.

Regardless of how your accident happened or what the injuries are, you should contact a personal injury lawyer to discuss the specifics of your particular case.