Construction accidents are messy business, both to the workers and for the people in the immediate area. Construction means heavy equipment and the potential for dangerous debris, or even the chance of a fire breaking out. The fact is that accidents are going to happen, so it’s important to know the ins and outs of worker’s comp benefits and accident liability. So, if you are hiring a construction accident attorney, and you want to know about accident liability, here is a crash course.
#1. Benefits
The important thing to note about benefits given by worker’s comp is that they do not compensate for any loss of time and income from your time spent away, given that the accident you suffered put you out of work for a while. The worker’s right to compensation is decided through something known as a third-party claim. A third party claim is a claim made against a party that isn’t the employer or company that was directly involved in the accident occurring in the first place. A third party claim can only work, however, if the injured party can provide evidence that the third party did indeed cause the accident.
#2. Other third parties
The accident that started this entire mess may have been caused by one third party, or by many in a long series of human errors that eventually led to you breaking a leg. These claims may be made against the contractor or sub-contractor, construction manager, architect etc. It all depends on the type of injury involved in the accident.
#3. OSHA and your employer
The third and final liability is that you shouldn’t assume your employer or OSHA are your friends in this situation. They are not your representative, as that is your attorney’s job. The main function of OSHA is determining if a violation of its standards has been performed and, if it has, who to charge with said violation. Their job is not to represent or to protect you, the injured worker. And thus should be handled with intense scrutiny, often letting your attorney do most of the talking. That is, after all, what you’re paying them for.
Construction accident liabilities are a wide, varied bunch that can be difficult to navigate. This is why you should have a construction accident attorney on hand before you go into a major construction project, in case this happens. For more information, visit Hecht Kleeger & Damashek, P.C.
