Construction accidents can leave workers permanently disabled or at least unable to return to work for some time. With these cases, it is important to have experienced attorneys at your side to help you pursue the right kinds of claims for full compensation.
In many cases, construction workers rely on Workers’ Compensation, but this might not pay full damages. In others, construction workers may be turned away from Workers’ Compensation coverage when they should be entitled to it. In any case, we can research your options and help you get the compensation you need.
For your free case evaluation, call the construction accident lawyers at the Law Office of John J. Sheehan at (617) 925-6407 today.
Do Construction Workers Qualify for Workers’ Compensation?
Most lawyers will tell you that all work injury cases have to be filed through Workers’ Compensation, but this rule is actually a bit more complicated. Workers’ Compensation only applies to “employees,” leaving some construction workers out of coverage.
Rules
The presumption is that a worker is, in fact, an employee and qualifies for Workers’ Compensation under Massachusetts law. The definition of “employee” is quite broad, including nearly anyone who works for someone else or for a company.
The exception is independent contractors, who are not “employees” and do not get coverage. With construction workers, the term “contractor” does not necessarily overlap one-to-one with the definition of “independent contractor.”
Factors
To tell an employee from a contractor, courts usually look at these factors:
- Employees work under someone else’s direction for daily tasks, while contractors work at their own direction.
- Employees get paid in their own name while contractors often work under a company name (e.g., as an LLC).
- Employees often perform the same work as the company they work for (e.g., general construction) while contractors often perform a different service or trade (e.g., electricians, roofers, tilers).
If you are an employee, then you can get Workers’ Compensation; if not, our construction accident lawyers can help you sue instead.
Subcontractor Rules
Note that a subcontractor is still a contractor. They just work for another contractor as their client.
This is different from an employee of a contractor. For example, a general contractor might have a few helpers on their team that they pay as employees, putting them under their boss’ Workers’ Compensation coverage.
Can I Sue for a Construction Accident in Melrose?
As mentioned, independent contractors can always sue for their accidents. However, employees typically cannot sue their employers, blocking lawsuits in some cases.
Since many construction accidents are caused by the worker’s employer or by the employee’s own mistakes, lawsuits would not be available in these cases. Instead, you may be left to rely on Workers’ Compensation to cover your construction accident.
However, you can typically sue other people for causing your construction accident. For example, if you were working on a roadside construction crew, you can sue a driver who crashed into you.
Third-party lawsuits often involve lawsuits against these parties:
- Drivers
- Manufacturers of defective tools and gear
- Property owners
- Other contractors/subcontractors
- Suppliers/vendors
- Delivery drivers/companies
- Utility workers/companies.
What Damages Are Available in Construction Accident Claims?
The following are the primary areas of damages you will likely want to claim in your case. Whether they are available depends on whether you are filing a Workers’ Compensation claim or a lawsuit.
Medical Expenses
Our construction accident lawyers can help you claim compensation for all reasonable medical expenses needed to treat your injury, whether you go through Workers’ Compensation or a lawsuit. With Workers’ Compensation, the treatment costs are billed straight to the insurance carrier unless you settle, in which case you get all of the money paid to you so you can afford your treatments as they come up.
Lost Earnings
If you file a lawsuit, you can get 100% of lost earnings paid. When you get Workers’ Compensation, your wage-loss benefits are typically under 100%.
The percentage of reimbursement you get will depend on whether your injuries are total or partial and whether they are temporary or permanent. Different rates are paid for different lengths of time for each category of injury.
Specific Injury Damages
Under Workers’ Compensation, certain permanent injuries give you additional compensation. The amount depends on the specific injury and your average weekly wage before the injury.
Pain and Suffering
Pain and suffering damages are only available in a lawsuit; Workers’ Compensation does not pay pain and suffering. These damages account for the physical, emotional, and other intangible harms of an injury. This can cover anything from the anguish you feel at a loss to the discomfort of going through physical therapy, and more.
Other Economic Damages
Other expenses and incidental costs related to your injuries can usually be repaid through a lawsuit. This could cover property damage (e.g., destroyed clothing or work gear), childcare costs, and replacement services around the house.
Loss of Consortium
Damages for your spouse may be available to cover the cost of tasks you cannot perform around the house, lost intimacy, and more. These are also only available in a lawsuit.
How Long Do I Have to File a Claim for a Construction Accident?
If you are filing through Workers’ Compensation, you typically report the accident and start your claim for benefits within 7 days of the accident. You have to be out of work for at least 5 days before you are entitled to lost wages for the 6th and subsequent days, but medical benefits can still be paid for less than that.
If you are filing a personal injury lawsuit, you usually need to file the claim within 3 years of the accident. Even though this is a longer time, you should call a lawyer as soon as you can for help with both types of claims.
Do I Have a Case?
The only way we can tell whether you have a case or not is by reviewing the facts with you.
To meet all the elements of a negligence claim for a lawsuit, you need to have a defendant who breached a legal duty to cause your injuries. With Workers’ Compensation claims, you can get compensation for any accidental injury related to your work, regardless of who caused the accident.
What if I Was at Fault?
If you were at fault for your own work injury, you may still be able to get Workers’ compensation coverage as long as you were not intoxicated and did not cause the injury on purpose. However, we have to review the specifics of your case to be able to tell for sure.
Call Our Construction Accident Lawyers in Melrose Today
Call our construction accident lawyers at the Law Office of John J. Sheehan at (617) 925-6407.