When Construction Workers Get Hurt

Personal Injury Lawyer

It is widely understood that construction is a dangerous industry. From workers who haul materials to those who build and tear down structures, there are few jobs in the U.S. that are more inherently hazardous across the board. As a result, it isn’t a rare occurrence when a construction worker is hurt on the job. Yet, it’s important to remember that simply because construction-related work injuries are common doesn’t mean that they should be treated lightly.

All too often, construction culture assumes that injured workers will simply “suck it up” and get back to their jobsites without seeking proper care and engaging in necessary recovery. This approach can be profoundly dangerous in the long-term, as workers who don’t tend to their injuries adequately are more likely to aggravate them again down the road and/or to develop permanent damage as a result of the harm they’ve suffered.

Thankfully, the law protects the rights of workers to seek compensation under a variety of circumstances. For example, most construction workers who don’t operate as independent contractors are entitled to collect workers’ compensation benefits in the wake of sustaining employment-related harm. These benefits are provided on a limited basis and are not fault-based. Meaning that unless a worker tried to get hurt (or was drunk, high, or starting a fight when they sustained harm), they’ll remain entitled to these benefits even if they were partially or totally at fault for their injuries.

By contrast, personal injury damages may be sought by all construction workers – employees and independent contractors alike – under specific circumstances. Personal injury lawsuits do turn on the issue of fault, though, so workers who are totally at fault for their own harm aren’t eligible to receive this particular form of compensation.

Seeking Personal Injury Damages

As a knowledgeable accident injury lawyer – including those who practice at Yearin Law Office – can clarify in greater detail, workers can generally pursue personal injury damages with a likelihood of success if their injuries were caused by another’s recklessness, negligence, or intentionally dangerous conduct.

The primary caveat to this general rule is that workers who are eligible for workers’ compensation benefits usually can’t sue their employers directly as a result of employment-related harm. This is because, in providing their eligible part-time and full-time employees with workers’ comp coverage, employers enjoy limited legal liability for work-related injuries and occupational illnesses.

With that said, all construction workers can sue others – from manufacturers of defective parts to motorists – provided that their negligence, recklessness, or intentionally dangerous conduct resulted in work-related injuries. Under very limited circumstances (that usually involve specific product defects or dog bites), an injury victim may not even be required to prove another party’s negligence. These cases are referred to as “strict liability” cases.

Finally, many construction workers are entitled to insurance settlements for one reason or another. If you’ve recently been hurt while working in the construction industry, connect with a knowledgeable local attorney to learn more about your rights and opportunities for compensation.