{"id":899734,"date":"2022-03-22T16:32:03","date_gmt":"2022-03-22T22:32:03","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=899734"},"modified":"2022-03-22T16:32:11","modified_gmt":"2022-03-22T22:32:11","slug":"personal-injury-claim-if-injured-at-work","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/personal-injury-claim-if-injured-at-work\/","title":{"rendered":"Can Your Employee File a Personal Injury Claim if They\u2019re Injured at Work?"},"content":{"rendered":"\n

Louis Patino | Construction Executive<\/a><\/p>\n\n\n\n

Construction accidents can happen to anyone. It\u2019s common for employees to work at height, with machinery or alongside any number of potential hazards, so it\u2019s no surprise that injury rates in construction are 71% higher compared to other industries.<\/p>\n\n\n\n

Anything from a ladder manufacturing defect to an unguarded ledge or wet surface can increase the likelihood of a fall, but those aren\u2019t the only dangers. If scaffolding collapses due to an excessive load or improper construction, it can prove fatal.<\/p>\n\n\n\n

Then, there are struck-by hazards\u2014one of the Occupational Safety and Health Administration\u2019s (OSHA) \u201cFatal Four\u201d\u2014including falling, swinging and rolling objects; crane misuse; electrical faults; and issues with personal protective equipment. These are all hazards construction workers have to contend with daily.<\/p>\n\n\n\n

Such dangers can also cause wide-ranging injuries, from broken bones that heal without complication to life-changing traumatic brain injuries or spinal injuries that have huge repercussions for construction workers.<\/p>\n\n\n\n

In any case, a construction accident can cause a long, often painful, recovery, with workers needing significant time off work to recover.<\/p>\n\n\n\n

But where do they stand when it comes to compensation? Can they file a personal injury<\/a> claim or can they expect only a workers\u2019 compensation payout to cover their lost income and medical expenses?<\/p>\n\n\n\n

WHAT\u2019S THE DIFFERENCE BETWEEN WORKERS\u2019 COMP AND A PERSONAL INJURY CLAIM?<\/h5>\n\n\n\n

Most construction workers are aware they are entitled to workers\u2019 compensation when they\u2019re injured at work. In all states but Texas, workers\u2019 compensation insurance is mandatory, which means that if your employee is injured at work\u2014and they can prove it\u2014they can claim workers\u2019 compensation.<\/p>\n\n\n\n

It\u2019s important to note that there are exceptions depending on your location. For example, workers\u2019 compensation insurance is not required in some states if you employ only a few individuals or have a smaller revenue. That said, workers\u2019 comp exists to protect you from liability while also providing your employee with a financial buffer if they\u2019re in an accident, so it\u2019s well worth considering.<\/p>\n\n\n\n

So what does the insurance cover? Workers\u2019 compensation covers any medical expenses incurred to treat your employee\u2019s injury and lost wages for time off work. They aren\u2019t entitled to any additional compensation for pain and suffering or any loss of enjoyment a long-term injury might cause.<\/p>\n\n\n\n

What many construction workers aren\u2019t aware of, though, is that they may be able to file a personal injury claim.<\/p>\n\n\n\n

The burden of proof for this type of claim is more complex, as they must show that a third party is liable for their injury.<\/p>\n\n\n\n

To file a third-party personal injury claim, an employee or contractor must prove:<\/p>\n\n\n\n