When you get hurt on a construction site, you could be left with injuries that keep you from getting back to work. This injury could disable you for a limited time or even become a permanent change in your life.
Getting compensation for serious injuries can be complicated, especially given the fact that there are often two routes to compensation for injured workers: Workers’ Compensation or a lawsuit. Knowing which to use and what is available under each route is where our attorneys come in.
For a free case evaluation, call the Law Office of John J. Sheehan by dialing (617) 925-6407.
What to Do After a Construction Accident
In the immediate aftermath of a construction accident, your main goal should be to get medical care and take care of yourself. Everything else is secondary.
If you are able to take pictures of the scene or get a look at what happened, what witnesses were there, and what the rest of the conditions in the area were like, do so. If you can take notes, those will help as well.
Otherwise, follow through with all recommended medical care. If EMTs respond and take you to the hospital, get all of the care you need, and save any bills or records they give you.
From there, call a lawyer. Our construction accident attorneys will help with the rest.
If your recovery has taken some time, you may need to report your injuries to your employer right away, too. This typically needs to be done within 7 days of the accident.
Can I Sue for My Construction Accident in Wellesley?
Some construction workers can sue for injuries at work, and some cannot. This depends on two factors: your work status and who was at fault.
Work Status
If you are an “employee,” then you cannot sue your employer for your accident. Many construction workers qualify as employees, given that their work is controlled and dictated by their employer.
Others are independent contractors. Just because you are a “contractor” or a “subcontractor” does not automatically make you an “independent contractor” in the legal sense, but if you control your own work or work under a company name instead of your own name, you might be an independent contractor.
Independent contractors are not barred from suing.
Who is at Fault?
If your employer caused your accident, then you cannot sue them. This restriction does not apply to independent contractors, but it does stop employees from suing their bosses.
If someone else caused your injuries, you can usually sue them. Coworkers might not be good lawsuit targets since they likely cannot afford to pay you, but outside parties may be able to afford your damages. This could include the following:
- A driver who hit you while you were working
- A supplier or vendor
- Another contractor or a worker for another firm/business
- The manufacturer of dangerous/defective safety gear, tools, or equipment
- The manufacturer of dangerous/defective materials.
Not every construction accident involves someone else. If you caused your own injuries by accident, you cannot sue, but you can still get Workers’ Compensation.
Using Workers’ Compensation for Construction Accidents
If you are an employee, then any accidents within the scope of your work should be covered under Workers’ Compensation. Your employer pays for this insurance to cover you regardless of who caused the accident.
This means that, even in cases where you cannot sue – such as when you or your employer was responsible for your injuries – you can still get paid through Workers’ Compensation.
What Does Workers’ Compensation Cover?
Workers’ Compensation can cover all medical care to treat your injuries, plus a portion of your lost wages. The actual percentage of lost earnings covered depends on the extent of your injury, but it usually ranges from 60% to 66 2/3%. The length of time you are covered for will also depend on the injury.
In addition, Workers’ Compensation pays additional damages for specific injuries. The amount is your average wage times a multiplier set by statute for each specific injury.
These payments, notably, do not include other incidental costs and expenses related to your injury, e.g., replacement household services while you are disabled. They also do not cover pain and suffering.
Getting Pain and Suffering Damages for a Construction Accident
When you face injuries, you face the physical and mental effects of that injury. This is often called “pain and suffering,” though terms like “emotional distress” and “mental anguish” are also used.
In any case, these are “non-economic” damages – damages intended to pay you back for non-monetary harms. You cannot claim non-economic damages through Workers’ Compensation, but you can claim them in a lawsuit. If you file for Workers’ Compensation, you are not barred from filing a lawsuit, and you might actually be able to file that claim separately to recover pain and suffering.
Calculation methods vary depending on your injury and which method makes the most sense. For many injuries, you can choose a multiplier based on the severity and apply that to your other damages to calculate pain and suffering. Other times, it may be simpler to choose a per-day value and multiply that by the number of days the injury caused pain and suffering.
What Types of Construction Accidents Can You Get Compensation For?
Compensation is available for any kind of injury or accident you suffer on a construction site. Most of these will involve collapses and other structural issues, as well as falls from scaffolding and ladders. Others will involve accidents someone else caused, such as a vehicle crash, dropped objects, etc.
Some accidents are incredibly serious, such as crane accidents and fires/explosions. These could be caused by improper training, improper handling of dangerous objects, or true accidents. If no one is to blame for your accident, Workers’ Compensation can still cover true, unavoidable accidents; otherwise, lawsuits may be available to get higher damages.
Call Our Construction Accident and Injury Attorneys in Wellesley Today
For help with your potential claim, call (617) 925-6407 to speak with the construction accident attorneys at the Law Office of John J. Sheehan.