Workers’ Compensation vs. Personal Injury Claims in Construction Accidents

A Small Lack of Knowledge Can Lead to Major Losses

Working in the construction industry is a perilous job. Serious injuries are common, and when they occur, victims can be left wondering how to move forward. The answer to this will depend upon the parties involved, and minor mistakes can prove costly. That’s why it’s crucial to hire an attorney who is well-versed in workers’ compensation and personal injury claims related to construction accidents.

While state laws will have a major effect on the differences between these two forms of financial recovery, the basics are nearly identical regardless of jurisdiction. Workers’ comp is available for almost any worker who suffers an injury in the course and scope of their employment, while a claim for personal injuries sustained on a construction site can generally only be brought against third parties, such as an independent contractor. In many situations, the injured worker might have both a workers compensation claim and a third party personal injury claim.
Here’s what you need to know.

How Does Workers’ Compensation Work in Construction Accidents?

Although jurisdictional variances exist, workers’ compensation is available in all states as a no-fault system providing benefits to employees who are injured on the job. Most states have laws that require nearly all employers to carry workers’ comp insurance and one would be hard-pressed to find a construction company that’s not required to carry such a policy.

Work injury victims may be entitled to coverage for medical expenses, lost wages, and more. For an injured worker to qualify for these benefits, they must have suffered their injury during the course and scope of employment. Workers compensation is only available to those categorized as employees, not independent contractors. However, you may be able to challenge this designation if you believe you were wrongfully identified as an independent contractor.

Why Are Personal Injury Claims Limited in Construction Accidents?

Imagine a random person walking by a construction site on their way to lunch, and a piece of equipment falls and strikes them. As a non-employee, this individual can file a third-party personal injury claim against the at-fault party. If the same thing happened to a person who worked at that site, this option would only be available if the at-fault party had a different employer than the injured person. When injured by your employer or a coworker, workers compensation is generally the exclusive remedy. The system is meant to expedite compensation but can also create unfair hurdles.

When Are Personal Injury Claims Allowed for Construction Accidents?

Non-employees can file personal injury claims at any point following an injury caused by negligence on a construction site. For employees, the opportunities for doing so are more limited. Typically, such claims are only allowed when injuries and damages are caused by third parties — not the employer or coworker of the injured worker. Relevant third parties on construction sites frequently include:

• Property owners
• General contractors or subcontractors
• Equipment manufacturers
• Architects and engineers

If an injured worker can prove that any of these third parties caused them injury due to their negligent acts or failure to act, they can file a personal injury claim in addition to their workers compensation claim. However, it is also possible to sue employers in certain instances in addition to a workers compensation claim — and this ability will differ based on jurisdiction. In most places, this option exists if there was intentional harm, gross negligence, or a failure to secure workers’ comp insurance.

However, it’s important to remember that the option of seeking personal injury damages does not necessarily mean you’ll succeed in pursuing them. Certain elements must exist for negligent parties to be held financially liable. That’s why it’s essential to hire a lawyer who can help navigate the complexities of the case and ensure your rights are properly protected.

What Must You Prove in Construction Accident Injury Cases?

In construction accidents where third-party personal injury compensation may be warranted in addition to workers compensation, it all comes down to proving liability on the part of the at-fault defendant(s). This is more than just saying, “This person acted negligently, so they owe me money!” In reality, there are specific elements of liability that must be proven in order to secure fair financial compensation. 

These elements include: 

• Duty of care: This is a legal obligation that requires a person or entity to act with reasonable care to avoid foreseeable harm to others. For instance, general contractors must provide proper safety training to workers.
• Breach of duty: It’s necessary to show that the at-fault party violated their duty of care. Perhaps a general contractor failed to provide safety training to workers.
• Damages: You must prove some form of injury or harm (e.g., injuries, medical bills, lost income) occurred. 
• Causation: Victims of construction accidents must also prove that their damages were the direct result of the at-fault party’s breach of duty.

If you and your personal injury attorney can prove that these elements exist, it’s likely that a court will award personal injury damages. However, going to trial may not always be necessary. Insurance companies will typically engage in settlement negotiations so it is vital that you retain an attorney to handle this on your behalf. 

Insurers will always try to pay as little as possible, so let your legal advocate deal with them instead. If they refuse to properly compensate you, your counsel can file a lawsuit.

Do You Need an Experienced Attorney?

After an injury at work, many individuals wonder if they truly need legal representation. Since workers’ compensation doesn’t require proving fault, it may seem like a straightforward process. You might also believe that the negligence in your case is so obvious that no jury would ever rule against you. However, relying on these assumptions can prove incredibly costly.

When comparing workers’ compensation to personal injury claims in construction accidents, a common issue is that many individuals end up receiving less than they’re entitled to. Employers and insurers frequently contest workers’ comp claims, while the insurance companies of at-fault parties in personal injury cases do everything they can to minimize payouts. In short, it’s crucial not to face these experienced professionals on your own.

Whether you’re entitled to workers’ compensation, personal injury damages or both, statistics show that individuals with legal representation secure higher payouts on average. At Stampone O’Brien Dilsheimer Holloway we’ll fight aggressively for every penny you deserve. Contact us at 267-214-9695 to schedule your free confidential consultation today.