A construction accident is one of those situations which can be very traumatic for your life. It can even affect your loved ones. That’s why it’s crucial to make sure that you find the person responsible, so they can be held liable. With that in mind, suing the employer is the first thing that you need to take into consideration.
Workers’ compensation replaces a lawsuit
If you want to sue an employer, you have the option to do that, absolutely. But a lot of the time, workers’ compensation will replace a lawsuit. In exchange of getting financial assistance, you are giving up the right to sue an employer. Workers’ comp is usually a good option, but as we said, it comes with a cost. You can’t sue your employer anymore, and that becomes a problem that you absolutely have to deal with. That being said, you can still sue the employer, if you don’t care about any workers’ compensation.
What does workers’ compensation cover?
The thing to note about workers’ compensation is that it encompasses various benefits specific to the injured workers. Generally, it covers things like hospital bills, medical treatment, surgery, medication, physical therapy, rehab services, temporary wage, permanent disability benefits, vocational rehab, along with death benefits if the accident was fatal.
But what doesn’t the workers’ compensation cover? As you can expect, workers’ compensation is not going to cover pain and suffering, emotional distress, loss of enjoyment of life, punitive damages, etc. The idea is that stuff which can’t be quantified, like emotional distress or pain and suffering, that will not be covered. Even the coverage itself will vary from state to state, so keep that in mind.
So, can you sue your employer?
A lot of people go the workers’ compensation route after a construction accident because it sounds like the best option. But it won’t always be for everyone, and that’s the thing to consider here. In normal injury cases, you will be able to get the workers’ compensation and that will be more than enough.
However, there are a few times when suing the employer actually makes a lot of sense:
- If there was any intentional harm caused by the employer, then suing them is a great idea. That can include deliberate physical assault, intentionally removing critical safety devices or ordering workers to perform dangerous tasks with knowledge.
- The same thing is valid if the employer does not carry any workers’ compensation insurance. They should, which means not having that can be very problematic, and it’s something you have to take into consideration here.
- Fraud or misrepresentation is another reason behind suing your employer. It’s a good idea to consult a construction accident attorney in Chicago. That can help streamline things, and it will deliver a much better overall experience. In the end, that’s what will help the most.
Third party lawsuits tend to be more important
Another aspect to keep in mind here is the fact that construction accidents usually involve other companies aside from the employer. So yes, you might have to sue other parties that are liable. They can be the general contractors, equipment rental companies, architects, material suppliers, manufacturers, crane operators and the like. If any of these parties contributed to the accident, suing them is the right approach. But it will vary when it comes to the situation at hand and what happened.
What kind of third party claims can you have? These will differ, but it can be anything from unsafe scaffolding to defective equipment, property owner negligence, along with unsafe equipment operators and so on. Such third party claims will offer you compensation that you couldn’t get via workers’ compensation in a normal fashion. So yes, this is indeed an option. However, you want the lawyer to give you all info and insight regarding the situation at hand.
Can you both receive workers’ compensation and file a lawsuit?
Yes, in a lot of cases injured construction workers end up pursuing both situations. It can actually be a very good idea if you recover money from a lawsuit, in which case going after both claims is a better idea to consider, and totally worth checking out. These construction accident cases tend to be more complex because you have to review a lot of different things. Those can include anything from safety policies to inspection reports, OSHA investigation findings, surveillance footage, employment relationships and so on. A proper investigation is necessary in order to identify the liable parties.
Conclusion
Overall, it’s a great idea to sue an employer if you dealt with a construction accident at work. These situations are more common than you realize these days. The most important thing is to understand what your rights are, and what compensation is available. For most people, it’s possible to get both workers’ compensation and file a lawsuit. However, it’s ideal to work with a professional lawyer, so you can pursue the best results.