How Construction Injury Claims Differ From Workers Compensation

Construction is one of the most injury-prone industries in the country. When an accident happens on a job site, the injured worker often assumes workers compensation is the only available option. While that is a common starting point, it is not always the only legal path. Depending on how the injury happened and who was involved, a separate construction injury claim may be possible.

Workers compensation is a no-fault system that covers medical bills and partial wage replacement when someone is hurt on the job. It does not require the employee to prove fault and typically prevents the worker from suing their employer. However, this system also limits what kind of compensation can be recovered. Pain and suffering, for example, is not available through workers comp.

A construction injury claim, on the other hand, is usually filed against a third party who contributed to the injury. This might include a subcontractor, equipment manufacturer, or property owner who failed to maintain a safe environment. In these cases, additional damages may be available, including compensation for long term disability, pain, and emotional distress.

When Third Party Claims May Apply

Construction sites often involve multiple companies working side by side. If a worker is injured because of another contractor’s negligence, that may open the door to a personal injury claim. For example, if a subcontractor failed to secure overhead materials that later caused harm, the injured worker could bring a claim against that company.

Other third party claims may arise from faulty equipment or safety gear. If a tool or machine failed due to a design or manufacturing issue, the worker may be able to bring a product liability case in addition to filing for workers comp benefits.

Attorneys like those at Hickey & Turim S.C. can attest to how common it is for construction injuries to involve more than one responsible party. Evaluating who had control over the hazard and whether proper safety measures were followed is often key to identifying legal options outside of workers compensation.

Differences In Legal Process And Compensation

Workers’ compensation claims are handled through an administrative system with its own procedures and deadlines. These claims are usually resolved without going to court, and the benefits are capped by law. Construction injury claims follow the civil court process and may involve a lawsuit if the case cannot be settled.

Because these claims are separate, they may proceed at the same time. A worker might receive medical care through workers comp while pursuing a separate injury case against a negligent third party. However, coordination is important because some benefits may be subject to reimbursement depending on how much is recovered in the injury case.

Why Legal Support Matters In Construction Cases

Injured workers are often focused on recovery and may not realize that a third party is legally responsible. Speaking with a construction accident lawyer early in the process can help determine whether more than one claim is possible. These cases often involve fact-specific questions about job duties, site control, and contract relationships.

The legal strategy in construction injury cases often involves identifying every responsible party and gathering detailed documentation to support the claim. Evidence from the scene, incident reports, and witness statements all help strengthen the case.

Final Thoughts On Seeking Compensation

Not every construction injury is limited to workers compensation. When another company, product, or unsafe condition causes harm, there may be a second path to recovery. Understanding the difference between these claims helps workers pursue the full range of compensation they may be entitled to under the law.

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