By 
Should a construction worker file a personal injury lawsuit for the injuries they sustained while on the job? Or would it be better to file a worker’s compensation claim instead?
When to file a personal injury lawsuit:
A construction worker or even a bystander who is injured in or near a construction site as a result of another party’s negligence can file a personal injury lawsuit to obtain compensation.
Advantage: Oftentimes, personal injury lawsuits can sue multiple parties and therefore recover higher amounts of compensation than a worker’s compensation claim.
Disadvantage: Lawsuits can be time-consuming, expensive and risky. There’s the possibility that the worker loses his or her case.
When to file a worker’s compensation claim:
An employee can file a worker’s compensation claim if they were injured on the job regardless of whether or not their employer acted negligently.
Advantage: Depending on the state, an employee is entitled to compensation for their injuries through worker’s compensation.
Disadvantage: The compensation is often far less than what a worker could obtain through filing a personal injury lawsuit and employees who file a worker’s compensation claim give up their right to file a lawsuit against their employer. Additionally, if the accident was the fault of someone other than the employer, a worker’s compensation claim cannot be brought.
Bystanders, pedestrians, bicyclists, and children can all be victims of construction accidents. Construction sites that don’t have adequate warning signs, or are not fully closed off from the public, or have falling objects, can all be hazards to the general public. Injured parties from construction site hazards can bring personal injury lawsuits against the site’s contractor.
Why do you need a personal injury attorney?
The law can be complex and cases can be thrown out on technicalities. When there’s a lot on the line, it’s important to seek professional guidance. Construction accidents can cause severe and life-long health problems and obtaining financial compensation could greatly affect your future. That’s why using a personal injury attorney is essential. They can figure out who to sue. Who was liable? Was it the contractor, the engineer, the architect, or the machine manufacturer? They can tell you what compensation your eligible for, such as medical costs, lost wages, lost future earning potential, and pain and suffering. And they can deal with insurance companies, big corporations, the defendant’s counsel, and more.
For more information about construction accidents, send us a message.
Comments