If you have been injured on a construction job, there are a few options for you when it comes to collecting compensation. But it truly depends on your employment status with the organization you were doing work for. If you were an independent contractor, as a lot of construction workers are, you can't collect workers' compensation and instead you need to look into filing a personal injury lawsuit. If you are the employee of the company you were doing work for, you should be able to file a claim with the workers' compensation policy that is carried on your behalf as required by law. Here is an overview on construction site injuries, and how you may be able to successfully collect compensation.
As stated above, if you are the employee of the company you were doing construction work for, you should have no problem collecting workers' compensation if it can be determined that you did, in fact, become injured on the job. Usually there are plenty of witnesses at a construction site, so there should be plenty of witness accounts that can back up your claim of how you were injured. Workers' compensation will cover lost wages while you are recovering, but they will also help you pay for medical bills that health insurance does not otherwise cover.
Personal Injury Lawsuit
If you were an independent contractor and are not covered under workers' compensation, you'll need to hire a lawyer experienced in construction law in order to be successful in a personal injury lawsuit. The lawyer will need to look at the eye witness accounts, review your medical records, and work with the liability insurance company in order to successfully settle your claim out of court. If no settlement can be reached, the case will go to trial.
Product Liability Lawsuit
If you were injured on the job because a piece of construction equipment that you were operating failed, your attorney may want you to consider a product liability lawsuit. This would mean you would sue the manufacturer of the faulty equipment, as well as the establishment that sold the equipment. And, depending on your situation and your employment status, you may be able to file a product liability lawsuit on top of your workers' compensation or personal injury claim.
Consult with a construction law attorney in order to get accurate legal advice that is particular to your own situation.
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