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- Workers’ Compensation Claims for Construction Workers
Construction work is one of the most hazardous occupations out there.
In fact, according to the National Safety Council (NSC), construction is one of four of the most dangerous industries to work in within the U.S.
Workers face numerous risks daily, from falls and machinery accidents to exposure to harmful substances. When injuries occur, workers’ compensation claims become a crucial support system for affected workers.
Below, we’ll take a look at some of the complexities of workers’ compensation claims for construction workers, including the process, common injuries, eligibility criteria, and available benefits.
Common Construction Injuries
Construction workers face workplace hazards every day, which can lead to a range of common injuries.
According to the Occupational Safety and Health Administration (OSHA), the leading causes of construction site accidents (often referred to as the Fatal Four) include falls, struck-by incidents, electrocutions, and caught-in or in-between accidents.
- Falls: Falls are one of the leading causes of injuries in construction. Workers work on scaffolding, ladders, and roofs, often at great heights. Falls from these heights can cause severe injuries like fractures, spinal cord damage, and traumatic brain injuries.
- Struck-By Accidents: These happen when a worker is hit by a moving object, like heavy equipment, falling tools, or construction materials, and can lead to severe injuries. Proper training and safety protocols, like wearing hard hats, ensuring secure storage of materials, etc., can help lessen the risks of these injuries.
- Electrocutions: Electrocution is another common hazard, especially if workers are installing or working near live wires or electrical systems. Electrocution can cause severe burns, cardiac arrest, and even death.
- Caught-In or Between Accidents: Caught-in or between accidents are when a worker is caught, crushed, or squeezed between two objects. This can happen when heavy machinery rolls over, structures collapse, or building materials shift or fall unexpectedly. These can result in amputations, crush injuries, and fatalities.
- Overexertion and Repetitive Stress Injuries: Construction work is physically demanding, and often means a lot of heavy lifting and repetitive motions. Overexertion can lead to injuries including muscle strains, tendon injuries, sprains, and hernias. Repetitive stress injuries, like carpal tunnel syndrome or tendinitis, often happen if a worker has to perform the same motion over and over.
- Respiratory Issues: In building or demolition environments, construction workers are often exposed to dust, chemicals, and other hazardous substances in the air. Breathing these harmful particles can lead to serious respiratory problems such as asthma, silicosis, and chronic obstructive pulmonary disease (COPD).
- Hearing Loss: Construction workers are often exposed to loud noise from machinery, tools, and construction activities for much of each day. This can result in developing noise-induced hearing loss, which can be permanent.
- Burns: Workers can suffer thermal burns from hot equipment or materials, chemical burns from exposure to hazardous substances, and electrical burns from live wires are all potential risks.
Eligibility for Workers’ Compensation as a Building Contractor
To file a workers’ compensation claim, a construction worker must meet specific eligibility requirements.
The worker must be employed by the company, and the injury or illness must be work-related, and have occurred while doing work-related activities. Independent contractors don’t typically qualify for workers’ comp benefits; however, specific state laws or contracts may dictate otherwise.
Filing a Workers’ Comp Claim as a Member of a Construction Crew
There are several important steps to filing a workers’ compensation claim. These must be followed to ensure you receive the benefits you’re entitled to. A familiarity with this process can help prevent delays and complications in your claim.
Report the Injury
The first step in filing a workers’ compensation claim is to report the injury to your employer.
This should be done as soon as possible after the injury occurs. Prompt reporting is crucial because it creates an official record of the incident and that’s necessary to initiate the claims process. If you fail to report an injury promptly, it can result in your benefits being denied.
Seek Medical Attention
Once the injury has been reported, your next step is to seek medical attention. Immediate health care not only ensures that your injury is properly treated but that it’s documented as well.
You should inform the health care provider that your injury is work-related so that they can record it accordingly. Some states may require that you visit a specific doctor or medical facility, typically one approved by your employer’s insurance provider.
Complete Your Claim Form
Your employer should provide you with a workers’ compensation claim form. This form will ask for detailed information about your injury, how and when it happened, and details on any medical treatment you’ve received. Make sure that you fill out the form accurately and thoroughly, providing as much detail as possible. Once you’ve completed the form, return it to your employer (after making a copy for your own records).
Your employer is then responsible for submitting that document to their workers’ compensation insurance carrier along with additional documentation, like the initial injury report and any witness statements, to support the claim.
This submission formally initiates the claims process with the insurance carrier.
If your claim is approved, you’ll start receiving workers’ compensation benefits, which can include coverage of medical expenses, lost wages, and rehabilitation. If your claim is denied, the insurance company must provide a reason for their denial.
Some common reasons for a workers’ comp claim denial include: lack of evidence, the injury wasn’t work-related, or the injury was reported late.
Appealing a Denial
If your claim is denied, you have the right to appeal the decision. The appeals process varies from state to state but usually involves filing a formal appeal with your workers’ compensation board. During the appeals process, you’ll likely need to attend a hearing and present additional evidence. For this, you should definitely consider hiring an attorney to represent your interests.
An experienced workers’ compensation attorney can help you navigate the appeals process and greatly increase your chances of a successful appeal.
Workers’ Compensation Benefits General Contractors May Be Eligible For
Workers’ compensation offers a variety of benefits to injured construction workers.
These can include:
- Medical Benefits: Medical benefits for workers’ comp may cover the cost of treatment for your work-related injury or illness. This may include doctor’s visits, time in the hospital, surgeries, medications, and physical therapy. In some cases, you may also be compensated for travel expenses related to medical treatments.
- Wage Replacement Benefits: When you’re unable to work due to an injury, workers’ compensation provides wage replacement benefits. These are typically a percentage of your average weekly wage, usually around two-thirds (the exact amount will vary by state). Wage replacement benefits differ based on your medical situation, including temporary total disability (TTD) benefits, temporary partial disability (TPD) benefits, permanent total disability (PTD) benefits, and permanent partial disability (PPD) benefits. Specific benefit packages may depend on your impairment rating and the expected duration of the disability.
- Vocational Rehabilitation: If you can’t return to your previous job due to your injury, vocational rehabilitation benefits can help you learn new skills or find a different type of employment. This may include job training, education, resume assistance, and job placement services.
Filing workers’ compensation claims for construction workers can be a challenging and sometimes frustrating process. This is especially true for workers dealing with serious injuries. These challenges can include disputes over whether the injury is work-related, delays in receiving your benefits, and dealing with insurance companies who want to minimize or deny your claim.
This is when having an experienced workers’ compensation attorney in your corner can help ensure that you receive the benefits that you’re entitled to.
Injured Construction Workers Deserve Compensation
By clearly understanding the process for filing workers’ compensation claims for construction workers, your eligibility requirements, and potential benefits, you can navigate the system and get the support that you and your family need. Hiring a lawyer to help with your claim offers some major advantages, like their ability to expertly navigate legal procedures, maximize your benefits and protect your rights.
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This website was created and is maintained by the legal team at Thomas Law Offices. Our attorneys are experienced in a wide variety of personal injury and work injury cases and represent clients on a nationwide level. Call us or fill out the form to the right to tell us about your potential case. We will get back to you as quickly as possible.
