Construction Worker Lawsuits

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Construction Worker Lawsuits

Construction workers have very dangerous jobs that frequently result in serious injuries. In the event of a work-related injury, construction workers can pursue compensation through workers’ compensation claims or through a civil lawsuit.

Workers’ Compensation

If injuries occur during the course of a construction job, a construction worker should file a workers’ compensation claim. To be eligible for workers’ compensation, most states only require you to prove that:

  1. You were injured
  2. The injury occurred within the scope of your employment.

Workers’ compensation generally gives you the bare basics of medical expenses and lost wages without going through a lawsuit.

Personal Injury Claims

In addition to filing for workers’ compensation, you can also seek to recover a damages award through a civil lawsuit. When filing a personal injury claim, you generally must prove that someone caused your injury either intentionally or through negligence. You can bring a personal injury claim against anyone who may have contributed to your injuries, including your supervisor and subcontractors.

To win such a suit, you generally need to prove that the person had a duty to act in a safe and reasonable matter, that the person failed to do so, and as a result, he caused your injury.

Product Liability Claims

If a defective product caused your injury, then you can bring a product liability claim. This type of legal claim can be brought against the manufacturer or distributor of the product. Your claim will essentially focus on their negligence of designing and distributing a dangerous product.

To win this type of claim, you must generally prove that:

  1. The tool or equipment was unreasonably dangerous when it left the manufacturer or distributor
  2. You used it as intended by the manufacturer
  3. The tool had a dangerous defect that caused your injury

Do I Need a Lawyer?

If you have been seriously injured on the job, you should consider contacting a personal injury lawyer or an employment lawyer for a workers' compensation claim. Your lawyer can help you receive compensation for your medical bills and your lost wages.

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Last Modified: 06-10-2014 11:51 AM PDT

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