Construction accidents have some of the most devastating results for the injured person. Many injuries of this kind are avoidable, had the company followed proper safety protocol. A person injured under these circumstances is eligible for workers compensation, and in some cases, a third party lawsuit.
An injured construction worker may sue when the employer, or another employee did something to raise the risk of a workplace injury. It must be proven that if the employer/employee followed proper safety guidelines, there would not have been an accident. A construction injury attorney puts the pieces of a case together to prove guilt and get clients a fitting award for the damages.
What Needs to be Done to Get Restitution for the Injured
Most construction accidents are caused by negligence. Many accidents happen when a worker is in an elevated place but not appropriately secured from a fall. The owners of these construction businesses are obligated to take necessary measures to prevent falls.
Financial recovery for workers compensation is limited to the amount that is allowed by the state. However, state guidelines don’t apply to third party lawsuits. Injured workers may sue when the employer or another employee knowingly diverged from safety protocols and put people at risk. The manufacturer of faulty equipment can be sued when an employee is injured while operating it.
The insurance company that provides workers compensation may try to reduce the settlement of the employee when personal injury civil litigation is a part of the case. A construction injury attorney is in the position to maximize the settlement received in both. Attorneys do this by putting both the value of the workers compensation case and the personal injury case together as a whole. They put together all the evidence found to build a powerful case and obtain the compensation their clients are entitled to.
What to Do When an Employer Attempts to Deny a Workers Compensation Claim
An employer can argue against a workers compensation claim. An employer may claim that the employee was not injured on the job. The attorney gets expert opinions by doctors with evidence showing it was an occupational injury. In addition, if the injured employee does not agree with the benefits being offered, the attorney can help pursue a settlement that’s better suited for the client. Schedule an appointment at Edwards & Bullard Law.