When you’ve been hurt on the job, you might be eligible to recover the full cost of your damages rather than simply accepting a workers comp settlement. Find out by speaking with a Detroit construction accident lawyer.
Every job carries some risk for injury, but few industries are as dangerous to work in as construction. As a construction worker, you’re put into hazardous situations virtually every single day, and when you get injured as a result, you deserve to be fully compensated for your losses.
You always have the option of pursuing a workers compensation claim in these situations—and you should—but it’s a simple fact that workers comp doesn’t cover everything. In most cases, you’ll only receive coverage for your medical bills and a percentage of your weekly wages.
The good news is that if your accident meets certain criteria, you might have options beyond just workers comp. In some circumstances, you can seek full compensation for all of your losses and injuries, but there will be a number of hurdles that have to be overcome along the way. A Detroit construction accident lawyer from Christensen Law can help you through these challenges.
Can I File a Personal Injury Claim for a Worksite Accident?
The first step is determining whether you have grounds to move beyond the workers comp system and file a personal injury claim. There are two broad categories that these situations fall under: claims against an employer and claims against an outside third party.
In most circumstances, you won’t be able to sue your employer. In fact, this is one of the main purposes of the workers comp system. There are exceptions, however. Most obviously, if your employer has failed to carry workers comp insurance, then you have the right to file a personal injury claim against them.
Additionally, you can also seek additional compensation from your employer if some form of malice or willful negligence was involved. This means that your Detroit construction accident lawyer will need to prove that your employer either intended to harm you or was aware of the danger but put you into harm’s way anyway. An example of this would be an unaddressed and outstanding OSHA violation.
A personal injury claim becomes more likely when an outside third party was responsible for the jobsite accident:
- A negligent driver or pedestrian passing through the construction site
- The manufacturer of a toxic chemical or substance
- The manufacturer of faulty machinery or defective safety equipment
- A negligent third-party contractor
- The owner of the property if your company wasn’t informed of a hazard that was present
Investigating the Accident
Your Detroit construction accident lawyer will need to conduct a thorough investigation to build a case proving who was responsible for your injuries. You can expect the at-fault party to deny liability, especially if they know that you were hurt in an on-the-job accident. By proving that your accident meets all of the necessary criteria, you will be put into a powerful negotiating position that can greatly increase your chances for successfully resolving your claim.
Virtually any type of construction accident could potentially result in a viable personal injury claim:
- Explosions and fires
- Falling from heights
- Being struck by falling objects
- Getting caught in between objects or machinery
- Forklift and crane accidents
- Welding accidents
The Full Compensation You’re Entitled To
While you should file a workers comp claim immediately after your construction injury, a personal injury claim will allow you to collect all of the damages that weren’t covered by the work comp claim. A serious injury can result in a number of expenses and quality-of-life losses that aren’t covered by work comp—particularly brain injuries, spinal damage, and amputations—so it’s important to find out if you could be eligible for more.
A Detroit construction accident lawyer from our firm can ensure that all of your losses and damages are accounted for—not just the most obvious ones. These are a few examples of some of the expenses and non-economic damages that you might experience:
- Current and future medical bills not covered by workers comp
- The percentage of your lost income not covered by workers comp
- Transportation expenses and caretaker wages
- Any other out-of-pocket expenses not covered by workers comp
- Pain and suffering
- Disfigurement and emotional trauma
- Lost enjoyment of life
Connect with a Detroit Construction Injury Lawyer
Christensen Law takes pride in helping injured accident victims obtain the full compensation they need to put their lives back together. If you’ve been hurt while working at a jobsite, you could be entitled to much more than what workers comp is offering.