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Work-related Injuries Archives

Generally speaking, if you are injured while working a construction job, you are entitled to workers’ compensation benefits, including payment of medical expenses and some compensation for lost income. Workers’ compensation construction-9-1230280 (1)benefits typically prohibit a construction worker from suing their employer; however, a workers’ compensation claim only requires the employee to show an injury occurred while on the job. There are certain circumstances, though, where other parties may be liable for construction injuries, which may result in the ability to file a third-party lawsuit in conjunction with a workers’ compensation claim. Some of the most common accidents on a project site are caused by falling from heights (scaffolding, rooftops, ladders) and being struck by a falling load or object.

Construction Injury Liability: Who is Responsible?

Liability in a third-party construction injury lawsuit may include the construction site owner, the general contractor, a sub-contractor, the manufacturer of faulty equipment and any other third-party that contributed to the injury due to negligence or gross misconduct. An important factor in construction injury liability for site owners and contractors is the degree of control that they have in a particular environment. The degree of control the construction site owner and contractors have over the premises and the work being conducted help determine if, and to what extent, they may be responsible for an injury that occurs on a construction site and under their supervision.

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What is Workers’ Comp?

Workers’ comp, short for workers’ compensation, is a system of workplace insurance coverage that protects workers who suffer injuries or illnesses because of their jobs. Every state, as well as the federal government, has its own workers’ compensation system, though all of them operate in essentially the same way. If you sustain an injury while on the job, or are injured or become ill because of your work, you can file a workers’ compensation claim.

Workers’ Compensation No-Fault Protection

Workers’ compensation programs operate under a “no-fault” principle. This means that workers can receive compensation for their on-the-job injuries regardless of who or what caused those injuries. It isn’t necessary, for example, for someone who suffers an on-the-job injury to prove or show that someone else caused the injury, or that it resulted from the employer’s negligence.

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Can I Sue My Employer For an Injury I Suffer at Work?

Most people know that when someone is injured at work, workers’ compensation insurance will cover the expenses. But what a lot of people don’t realize is that in some situations, employees who suffer an on-the-job injury can sue their employer in court. Here’s what you need to know about suing an employer because of an on-the-job injury.

Workplace Injury: When Workers’ Compensation Applies

If a worker suffers an injury while on the job or because of work-related conditions, that worker can receive workers’ compensation. For example, a worker who injures her back while lifting a heavy object at work can file a workers’ compensation claim. So, too, can a worker who develops a repetitive stress injury, such as carpal tunnel syndrome, because of typing on a computer all day.

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What’s Covered Under Workers’ Compensation?

When someone is injured on the job, or suffers an illness because of job-related conditions, that worker is entitled to file a workers’ compensation claim. Even though all states have somewhat different workers’ compensation laws, workers can count on being able to receive workers’ compensation when they suffer certain types of injuries or illnesses.

Workers’ Compensation: Work-related Injuries

People can receive workers’ compensation benefits when they suffer an injury that is work-related, but the term “work-related” is sometimes more complicated than it might first appear. In general, any injury you suffer as a result of your job duties, or those that arise while doing your job, are covered under work-related injuries.

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What Are the Most Accident-Prone Industries?

Every year, more than 3 million American workers suffer nonfatal injuries while on the job. The Department of Labor’s Bureau of Labor Statistics tracks workplace injuries, and overall, its data shows that about 3.5% of all workers suffer a workplace injury each year. The most common injuries are muscle strains and joint sprains, accounting for about 40% of all the injuries workers suffer in the workplace.

A worker’s chances of suffering an injury while on the job increase dramatically depending on the industry in which they work. Here’s a list of the five most injury-prone workplaces in the United States.

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Common Questions About Work Injuries

For those who suffer injuries at work, finding out what your rights are and what options are available to you can often be difficult. When you suffer a work-related injury or become sick because of the conditions you were exposed to while working, you may be entitled to receive compensation. Like many areas of the law, work injuries are treated differently between states, though there are some general similarities that apply regardless of where you live.

Workers’ Compensation

Injuries in the workplace are unfortunately common. While some industries and jobs are more dangerous than others, almost anyone can suffer an injury while they work. Because of this, and because so many workers used to sue employers for being hurt because of the job, all states have developed a workers’ compensation insurance system. Also known as workman’s compensation or workman’s comp, these programs require employers carry workers’ compensation insurance. The insurance covers anyone who was injured at work and eliminates the need for those workers to have to sue the employer to recover damages.

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Workers' Compensation: Injury During Employment

When an employee is injured during the course and scope of his employment, the manner by which he is compensated changes considerably. Up until now, we have discussed how an attorney represents his client by demanding compensation from the person who is at fault for the injuries. The attorney uses methods that include litigation, arbitration, or maybe just an intimidating demand letter. However, the methods change in situations where his client is an injured employee.

Workers’ Compensation Laws

In the event of a work-related injury, laws are in place to protect workers’ rights. Individual states and the federal government have specifically created laws that compensate people who are injured while at work. In every state but Texas, almost all employers are required by law to carry workers’ compensation insurance in order to cover medical expenses that result from work-related illnesses and injuries, and to partially replace workers’ lost wages. The laws do not focus much on blaming anyone for the injury; instead, an employer must pay the compensation to his injured employee merely because the employee was injured while on the job. This is a bit of an overstatement of the rules, and there are exceptions, but it is generally true. The catch? Employees are not eligible to sue the employer in court for the injury. Instead, they must settle for what the workers’ compensation laws require the employer to pay.

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