Construction site accidents are alarmingly common, making construction workplaces among the most hazardous in the nation, with injuries and even fatalities occurring daily. In the aftermath of such incidents, workers and their families often have the option to pursue claims for construction accident damages.
Understanding the Types of Compensation in Construction Accident Injury Claims
In cases where claims extend beyond workers’ compensation, individuals can seek comprehensive coverage for both financial and non-financial losses, encompassing current and future expenses. Key recoverable construction accident damages include:
Medical Bills:
Injured construction workers and their families can pursue compensation for accident-related medical bills, covering emergency room treatment, testing, surgery, and ongoing medical care. It’s crucial not to accept settlements until the full extent of future medical expenses is known.
Other Out-of-Pocket Expenses:
Beyond medical bills, compensation can be sought for out-of-pocket expenses, including prescriptions, medical supplies, transportation, home or vehicle modifications, and housekeeping or childcare.
Loss of Income and Benefits:
Injured workers and eligible family members can seek compensation for lost wages, salary, health insurance, HSA contributions, PTO, retirement contributions, and other benefits incurred before or after the worker’s death.
Loss of Earning Capacity:
Workers unable to continue employment due to accident-related injuries are entitled to compensation for the loss of earning capacity. Claims can also be made if the worker anticipates lower-paying employment. Family members can file similar claims for fatal accidents.
Pain and Suffering:
Recoverable damages include compensation for pain and suffering, calculated on a daily rate or as a multiple of financial losses. These damages often constitute a significant portion of compensation for seriously injured construction workers.
Emotional Trauma/Post-Traumatic Stress:
Those with severe traumatic injuries can seek damages for emotional trauma, including post-traumatic stress or PTSD. Families filing claims for fatal injuries can also seek compensation for emotional trauma or PTSD before the victim’s death.
Other Non-Financial Losses:
Besides pain and suffering, injured workers can seek damages for non-financial losses such as loss of companionship, consortium, enjoyment of life, services, society, and support.
Wrongful Death Compensation:
When filing a wrongful death claim, the recoverable damages vary by state. Eligible family members can claim compensation for wage replacement, funeral and burial costs, and other out-of-pocket expenses according to state laws.
Construction Accident Damages vs. Workers’ Compensation Benefits
While some situations may limit injured workers and bereaved families to workers’ compensation benefits, it’s crucial to recognize that these benefits may not cover all costs associated with serious or fatal injuries. Nevertheless, filing a workers’ compensation claim remains essential, as it can provide invaluable support during the recovery process.
Workers’ compensation benefits commonly available in most states include:
Medical Benefits: Covering the costs of treating injuries sustained in a construction accident, though limitations on choice of doctors may apply.
Temporary Disability Benefits: Providing a portion of lost wages during recovery, typically tax-free, with eligibility often tied to a minimum number of days missed from work.
Permanent Disability Benefits: Covering a portion of lost wages if the worker cannot return to work due to a construction accident, with partial permanent disability benefits available in some cases.
Vocational/Rehabilitation Benefits: Assisting with training or reemployment assistance, with specific benefits varying by state.
Death Benefits: Available for eligible family members when a construction worker loses their life on the job, covering partial wage replacement, funeral and burial costs, and certain out-of-pocket expenses.
To determine whether you have a construction accident injury claim, a workers’ compensation claim, or both, consulting with an attorney is essential to understand your legal rights thoroughly.
