Workers' Compensation

If you have been injured while performing construction-related work, your financial damages may be affected by workers’ compensation laws. This depends on your employment status and your employer’s degree of liability for the accident or injury. Review this background information about workers’ compensation, but keep in mind that you should consult an attorney in order to determine your employer’s liability. Parties other than your employer (such as the site owner, equipment manufacturers, or other contractors) may bear legal responsibility for your injury. Recovery from these parties will not be affected by workers’ compensation. If you or a loved one has been injured or suffered an illness as a result of a workplace injury, consult an attorney with experience in workers’ compensation law. An experienced lawyer can help inform you of your legal rights and assist you throughout the process of recovering damages.

Under most workers’ compensation programs, injured employees are entitled to:

• Medical Care. The injured employee has a right to all reasonable treatment necessary to cure or relieve an injury. Compensation for medical care includes all medical bills, prescriptions, and even mileage to and from the hospital or clinic. An injured employee may be required to use a doctor or specialist chosen by the employer, but only for a maximum of 30 days. After this time, the employee may choose their own doctor. This may require a written request.
• Temporary Disability. If an injured employee is required to miss work for medical reasons related to their injury, they may be entitled to temporary disability payments which will partially compensate for lost wages. There are minimum and maximum limits to the pay rate, but temporary disability payments generally equal about two-thirds of average weekly gross pay and are paid biweekly. These payments generally begin a few weeks after a doctor first verifies the employee’s inability to work.
• Permanent Disability. An injured employee who cannot completely recover from the effects of an injury may be entitled to a monetary award. Permanent disability means that the injured employee has lost the ability, whether fully or partially, to compete against uninjured workers in the labor market. The amount and rate of permanent disability payment depends on the limitation an injury places on the injured employee’s activities. Other considerations that may affect the total compensation include the employee’s age, occupation and earnings at the time the injury occurred.
• Vocational Rehabilitation. If the employee’s injury prevents the employee from returning to their previous occupation, workers’ compensation benefits may include assistance in finding new employment, or vocational rehabilitation. During vocational rehabilitation, a partial income payment is made in a manner similar to temporary disability. This benefit generally has a maximum amount, and may be replaced if the employer offers modified or different work which the injured employee is capable of fulfilling.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.