As a construction worker injured on a construction site, you will probably be looking to be compensated for your damages. The exact cause of your injury determines who should be held liable for your injuries. This is why there are various types of claims that can be triggered by construction accidents; here are some of those claims:
Workers Compensation Claim
The majority of construction workers who get injured on construction sites file workers compensation claims. Workers compensation claim is the premier type of claim used for compensating employees who are injured on the job. Here are the three main conditions that must exist for you to qualify for workers compensation benefits:
- The person or organization you are working for has a valid workers compensation insurance policy.
- You are an employee and not, say, an independent contractor.
- You were injured while engaged in work-related duties.
One of the biggest differences between workers compensation claims and other injury claims is that, for a workers compensation claim, you don't need to prove that anyone is responsible for your injury.
Product Liability Claim
It is possible to be injured by a defective product at a construction site, and if that happens, the manufacturer, distributor or designer responsible for the defect should compensate your damages. For example, if a weak ladder slips up while you are using it to climb onto the roof, a conveyor belt snaps and cuts you, or a power tool gives you a nasty shock, then the person responsible for the defect should pay for your injuries. There are different types of defective product claims, so if you are planning to file such a claim you need to consult a lawyer like those at Wells and McElwee to ensure your claim is based on the right legal principle.
Personal Injury Claim
It may come as a surprise to some people, but you can also file a personal injury claim if you are injured on a construction site. In this case, you just need to prove that your injury was caused by a negligent third party. For example, if you are knocked down by a delivery truck that was supplying ballast to the construction site, then you can file an auto accident claim against the driver of the truck or their employer (the legal principle of vicarious liability allows you to do this).
Ideally, if you are injured on a construction site, you should consult a lawyer to help you determine which type of claim to pursue.