Working in the construction industry comes with many challenges, as there is a constant threat of injury and damage to your body and mind. Workers in such hazardous fields face multiple injuries every year due to various reasons. Most importantly, workers face injuries due to heavy machinery, equipment defects, working at heights, and scaffolding.
Primarily, the victims seek workers’ compensation to recover the medical expenses and costs for lost earnings. Still, there are many more ways to seek relief from your employer in such circumstances. Under certain situations, construction workers can file a personal injury lawsuit, which allows them to seek additional compensation along with the worker’s compensation for their emotional and physical distress. It is advisable to reach out to lawyers like www.abogadadelesiones.com to find the best to help you win your case effectively. In this article, we will explore the circumstances where victims can claim personal injury compensation.
What is Workers’ Compensation in Construction
One of the key features of workers’ compensation is that it is a no-fault system established to help construction accident victims financially. The workers’ compensation handles the medical expenses, rehabilitation costs, and a part of the loss of earnings to deal with the victim’s financial loss. The no-fault system means that victims do not need to prove negligence to gain the benefits. Even though this system works in favor of employees, it limits the ability of the victims to sue their employer, as workers’ compensation is usually an exclusive remedy.
Even though the system is beneficial, workers’ compensation schemes do not fully cover injured victims’ claims. They don’t consider non-economic damages, especially mental or emotional suffering. The benefits also do not cover all expenses lost in cases of severe injuries. Therefore, victims of construction accidents must explore other legal routes, more so when a third party is liable for their injuries.
Situations Where a Construction Worker Can Sue for Personal Injury
Personal injury lawsuits can be filed under various circumstances, but some of the important ones include:
Third-Party Liability
Usually, construction sites are governed by multiple parties, such as contractors, subcontractors, property owners, and equipment manufacturers. If any party other than the worker’s direct employer is responsible for the injury, then the worker can sue for personal injury.
For instance:
If a subcontractor responsible for maintaining a safe working condition acts negligently, creating a situation conducive to an accident; the injured worker can file a personal injury lawsuit against the subcontractor.
If the injury is caused by faulty machinery, the worker can file a product liability lawsuit against the machinery manufacturer to gain compensation from the right source.
In situations where the property owner has neglected safety hazards on the job site, the victim can file a personal injury lawsuit against the property owner to hold the property owner liable for the injuries caused by the safety hazards.
Intentional Misconduct by the Employer
Even though workers’ compensation leads to preventing most kinds of lawsuits against employers, the exception to the rule is that whenever an employer intentionally gives way to hurt or acts with rash negligence, it is treated as an intentional torts and must be handled through a personal injury lawsuit.
For instance:
Whenever an employer knowingly removes safety essentials from machinery or equipment, knowing that such removal can lead to injuries and put the workers at imminent risk, he can be liable in a personal injury lawsuit.
If a site supervisor forcibly asks employees to continue working in unsafe working conditions where hazardous elements are clearly present, they can be held liable for the mishaps.
Defective Equipment and Product Liability
Workers generally have to work with various kinds of machinery and equipment while working on construction sites. In such situations, if damaged equipment leads to injury, the worker can claim damages from the manufacturer, distributor, or product vendor.
Product liability arises in situations where scaffolding collapses because of design mistakes, power tools that have a damaged safety mechanism causing injury, or faulty safety fears that fail, leading to injury.
While filing cases of personal injury, it is important to have the right lawyer by your side who will give you all the essential legal advice you need to walk through the case effectively.
Conclusion
Other than the above situations, multiple other circumstances can be substantial grounds for personal injury lawsuits, like toxic substance exposure. Workers must understand and be aware of their rights to fully claim the compensation they deserve.
