When you’ve been hurt on the job, you need to know what your options for compensation are. Find out if you have grounds for a personal injury claim by consulting with a Baton Rouge construction accident lawyer.
As one of the most dangerous industries in the United States, thousands of construction workers are injured on the job every year. While workers compensation is usually an option in most of these accidents, it’s a simple fact that work comp doesn’t cover everything. Many workers don’t realize that if their accident had certain circumstances present, they could be eligible to pursue full compensation through a personal injury lawsuit.
If you’ve suffered a serious injury while on the job or lost a family member to a fatal jobsite accident, you might have the option to go beyond work comp. A Baton Rouge construction accident lawyer from Spencer Calahan Injury Lawyers can evaluate your claim and help you determine what your legal options for compensation are.
Filing a Personal Injury Claim for a Workplace Accident
Like most workplace injuries, victims of construction accidents usually have to settle for the partial compensation of a work comp claim. The benefit of workers compensation is that it kicks in immediately to help you pay for your medical expenses. The downside is that it only covers your medical expenses and a percentage of your lost wages—that’s it.
Even worse, sometimes the work comp insurer won’t want to pay for treatments that your doctor thinks are necessary. This makes filing a personal injury claim with help from a Baton Rouge construction accident lawyer your best option when it’s available, as doing so will allow you to receive a comprehensive financial settlement from those responsible. However, your accident must meet one of the following conditions in order for you to be eligible to file:
Your employer doesn’t carry work comp insurance
Malice or truly egregious negligence were involved in causing the construction accident
The accident was caused by a manufacturing defect present in the tools, safety equipment, or machinery being used
Your construction injury was caused by an outside third party, such as a motorist, passerby, or contractor
Establishing Fault in Jobsite Accidents
Because workers compensation insurance is a legal requirement in Louisiana, the majority of construction accidents that qualify for civil suits will either involved malice, egregious neglect, or a third party. You can only seek compensation from your employer or a coworker if they intentionally caused your accident or knowingly put you into danger. Things are much clearer when a third party is at fault, as simple negligence is the only requirement.
These are a few of the different worksite accident types that a Baton Rouge construction accident lawyer from our office will be able to investigate on your behalf for the necessary criteria:
Explosions and fires
Heavy machinery accidents, often involving cranes and forklifts
Falls from heights, often involving defective ladders and scaffolding
Being struck by a falling object
Construction Injuries and Their Impact on Your Case
If you have grounds to file a personal injury claim for your jobsite accident, the next step will be evaluating what your claim is worth. This will involve examining your injuries and the care they’ll require, how they’ll affect your quality of life, and whether you’re expected to make a full recovery.
A spine injury suffered in a fall, for example, could leave you paralyzed and unable to return to work. Even a milder back injury could at least partially impair your mobility and inflict chronic pain. Likewise, brain damage caused by falling building materials could greatly decrease your cognitive and physical abilities, also making it impossible to work in your prior capacity.
Even injuries that are expected to heal in time, such as broken bones and burn injuries, will cause significant suffering, require expensive medical care, and prevent you from working while they heal.
There are also cases where a chronic or fatal illness is caused by a toxic substance, such as asbestos leading to mesothelioma. You might not even become aware of the illness until years later. Regardless, when this happens, you have every right to seek compensation with help from a Baton Rouge construction accident lawyer.
Settlement Factors for Industrial Accidents
All of the losses caused by your injury can—and should—be accounted for in your settlement. This includes damages that are financial and those that are non-economic in nature. Your payout also needs to factor in your future needs and expenses, not just your current and past ones.
Your financial damages will obviously cover anything with a dollar amount attached to it, but there are many expenses that accident victims fail to realize they can seek compensation for. Similarly, your non-economic damages will account for the negative effects that your worksite accident and injuries have had on how you live your life.
Your Baton Rouge construction accident lawyer will work hand-in-hand with your physicians to ensure that all of your needs are met by your settlement. These are just a few of the items that will need to be included:
Medical expenses not covered by work comp
The percentage of your lost wages that wasn’t covered by work comp
Transportation and caregiver costs
Mobility equipment and home renovations made necessary by a new disability
Pain and suffering
Loss of consortium
Lost enjoyment of life
Baton Rouge Construction Accident FAQ
After getting hurt on the job, you’ll probably have a large number of concerns and questions that you’ll want to get addressed as soon as possible. In this section, we’ve provided answers to a few of the more common questions. For more information, contact our office so that you can speak with a Baton Rouge construction accident lawyer.
Will filing a work comp claim prevent me from filing a personal injury claim later?
No, the two types of claims are not mutually exclusive. You should report your accident and injury immediately so that you can begin receive benefits right away. If your case qualifies, you’ll later be able to seek further compensation through a personal injury claim for everything not covered by work comp.
If I was exposed to a toxic substance on the job but didn’t get sick until years later, can I still seek compensation?
Yes. As long as a link can be proven between your exposure and the illness, you can file a claim seeking a monetary settlement. You only have one year to file after becoming aware of your diagnosis, however.
Who is responsible for a construction accident caused by faulty equipment or gear?
It depends on what the cause of the defect was. If your employer simply failed to maintain the equipment, they will likely be at fault and you will probably only have work comp available. However, if the defect was caused by poor design or manufacturing, you can seek damages from the company that produced it.
Contact a Baton Rouge Industrial Accident Attorney
Construction accidents can result in some of the most devastating injuries possible. If this has happened to you, it’s important to find out if you can get more than what’s offered by workers compensation. Spencer Calahan Injury Lawyers has considerable experience practicing personal injury law, and we can determine if you have grounds for a case.
To explore your options with a Baton Rouge construction accident lawyer, schedule a free, no-obligation consultation. Just complete the contact form below or call us at 225-387-2323.