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Who Is Liable for Construction Injuries?

Dangerous accident in warehouse during work - wounded workerConstruction is a dangerous job. In fact, construction workers and roofers are listed in the top ten most dangerous jobs in America. Laborers working with heavy machinery, power tools, at height on scaffolds, or below ground results in an astounding number of construction injuries each year.

However, just because a job is dangerous does not mean that you shouldn’t expect some level of workplace safety. Employers have a responsibility to ensure that you and the people you work with are in as safe an environment as possible.

What If You Suffer a Workplace Injury?

If you are injured in a construction accident, then you may be entitled to compensation for medical expenses, lost wages, and disability. Workers’ compensation benefits for employees injured on the job is a “no-fault” system, which means that injured employees don’t have to prove the employer was negligent like you would in other personal injury cases. All you have to prove is that you were in fact injured and that the injury was sustained in the course and scope of your employment.

Employers are required by law to carry workers’ comp insurance. The insurance company is where the compensation will come from. However, workers’ comp insurance does not pay for things such as pain and suffering in cases involving negligence.

Can I File a Lawsuit Outside of Workers’ Compensation?

There are a lot of people on and off the job site that could be responsible for your injuries; architects, subcontractors, other laborers, engineers, etc. If one of them acted negligently and caused your injury, you may be able to sue them for damages.

Unlike the workers’ comp case, in these lawsuits you will have to prove negligence on the part of the defendant directly caused your injury.

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