Construction Worksite Accidents and Workers' Compensation

Workers’ compensation benefits protect employees who are injured on the job by paying for medical bills and lost wages after workplace injuries. They allow you to get benefits until you can go back to work.

Unfortunately, some workers struggle if a construction company denies coverage for a construction site accident. Workers’ compensation laws are different in every state. If you were injured in a construction accident and you need help getting workers’ comp, talk to a construction accident lawyer for legal advice.

What Is Workers’ Compensation?

Workers’ compensation is a type of insurance coverage that covers work-related injuries. Workers’ comp is a type of no-fault coverage. This means injured workers don’t have to prove their employer was at fault for causing the accident. In exchange, workers are limited in how much they can recover in damages.

After a work-related injury or illness, you report the accident to your employer. Workers’ compensation insurance should cover any medical treatment related to the job site injury. If you can’t return to work, you can get wage loss payments.

Are Construction Workers Covered by Workers’ Comp?

Workers’ compensation coverage depends on state law. However, most states require construction businesses to carry workers’ compensation insurance for all employees, including seasonal and part-time workers. Employers have to pay the costs of coverage and typically buy workers’ comp coverage from a broker, workers’ compensation insurance company, or a state fund. Some companies can be self-insured.

Construction companies usually have to cover all employees because the work is so dangerous. According to the Occupational Safety and Health Administration (OSHA), the construction industry is one of the most dangerous in the country. Construction worksite accidents can include:

• Slip and falls
• Falling objects
• Trench collapses
• Electrocution
• Power tool injuries
• Crushed by heavy equipment

Serious injuries can include traumatic brain injuries (TBI), spinal cord injuries, broken bones, loss of limbs, burn injuries, and paralysis. Fall injuries lead the construction industry’s “fatal four” leading causes of construction industry deaths.

What Benefits Can Injured Construction Workers Receive?

Workers’ comp benefits can depend on the job, your income, and the type of construction injury. Benefits for a work injury can include wage loss payments, medical expenses, and specific loss benefits.

The weekly payment for workers’ comp depends on state law. In some states, the benefit is based on a percentage of your weekly pay. Many states cap the maximum benefit payment, ranging from less than $600 per week in Mississippi to almost $2,200 in Iowa.

Medical care should cover all injury-related medical services. In some states, employers can require workers to select from a list of health care providers. In other states, workers can choose their own doctor and have the right to decline medical attention from a company doctor.

Wrongful Death Benefits for Fatal Construction Accidents

For worksite fatalities, family members may be left without the support of a loved one. If your loved one was a construction worker killed in a workplace accident, you may be able to get a workers’ compensation death benefit payment. A death benefit can help pay for the loss of income and cover funeral expenses and burial costs.

If your loved one was not covered by workers’ compensation, you may be able to file a wrongful death lawsuit to get damages for loss of support and loss of benefits.

What Happens if the Construction Company Denied My Workers’ Comp Claim?

When you file a workers’ compensation claim, your employer or their insurance company can deny your claim or put a stop to benefits. Most workplace injuries are covered. However, an employer can deny a claim for limited reasons, including:

• You intentionally caused the accident
• You were under the influence of drugs or alcohol
• You violated company policies
• Your injury did not happen on the job
• You are able to return to work

You should be aware that your employer may be trying to avoid paying a workers’ comp claim. The insurance company could even use investigators to monitor you and take photos and videos to show that you are not as injured as you claim.

How Can a Workers’ Compensation Lawyer Help?

If the construction company denies your workers’ comp claim, a workers’ compensation attorney can appeal the case to the state workers’ compensation board. Some workers’ comp claims are denied because of clerical or administrative errors. Your attorney can make sure all the necessary information is provided to support your claim for damages.

If you are an independent contractor and are injured on a construction site, you may not be covered by a workers’ comp claim. However, an experienced construction accident attorney can help you seek compensation by filing a personal injury lawsuit.