At construction sites every year, thousands of people suffer serious injuries. If you are injured while working at a construction site, you may be eligible for workers’ compensation. In certain limited circumstances, you may also be able to file a personal injury lawsuit against the negligent party.
If you have been injured in a construction accident, it is important to speak with an experienced personal injury attorney who can help you understand your legal rights and options. If you have been injured at work or become ill because of work, contact Aversa & Linn. We offer a free consultation to discuss your case, and we will not charge you any fees unless we recover compensation for you.
What is workers’ comp?
Workers’ compensation is a system that reimburses employees for medical treatment and lost wages for work-related injuries and disease. Employers must have workers’ compensation insurance coverage in Pennsylvania to cover these expenses (with some exceptions.)
Workers’ compensation is also known as workman’s comp, workman’s compensation, and workers’ comp.
Learn more about informing your employer of your injury and applying for workers’ compensation.
Can I get workers’ comp if I’m a construction worker?
You should be able to get workers’ comp if you are injured while working at a construction job. Unlike other employees, construction workers may be covered by multiple insurance policies. For example, if you are working on a project that is being built by a general contractor, you may be covered by the general contractor’s workers’ compensation policy, one of the subcontractor’s policies, or the policy of the company that owns the property where the project is taking place. The coverage that applies usually comes down to who is issuing your paycheck.
If you are injured while working at a construction job, it is important to speak with an experienced attorney who can help you navigate the complex web of insurance coverage and ensure that you receive the benefits you deserve.
Can I get workers’ comp if I am a contractor?
The answer to this question depends on the laws of your state and the specific facts related to your circumstances. In some states, contractors are not considered employees and are therefore not eligible for workers’ compensation. In other states, however, contractors may be considered employees if they meet certain criteria.
If you are a contractor who has been injured while working, you should contact Aversa & Linn to discuss your questions about benefits.
What if my employer does not have workers’ comp insurance?
If your employer does not have workers’ compensation insurance, you may still be able to recover compensation through a personal injury lawsuit. In some cases, you may be able to sue the property owner or the general contractor if they were aware of the lack of insurance and failed to provide you with a safe working environment.
Can I get workers’ comp if I’m an undocumented worker?
If you are an undocumented worker who has been injured while working, you may still be able to recover workers’ compensation benefits. In some states, workers’ compensation is available to all workers, regardless of immigration status.
Can I sue my employer if I am injured at work?
You may be able to sue your employer if you are injured at work due to their negligence. For example, if your employer fails to provide a safe working environment or fails to warn you of potential hazards, you may be able to file a personal injury lawsuit.
It is important to note, however, that workers’ compensation laws typically prevent employees from suing their employers. If the employer does not maintain workers’ comp insurance, they may lose that protection. If you are unsure whether you can sue your employer, you should speak with an experienced personal injury attorney.
What if I am injured by a defective product at work?
If you are injured by a defective product while working, you may be able to file a product liability lawsuit against the manufacturer of the defective product. Product liability laws vary from state to state, so it is important to speak with an experienced attorney who can evaluate your case and determine if you have a valid claim.
What can I do if my workers’ comp claim was denied?
In some cases, workers’ compensation insurance companies will deny valid claims. If this happens, you should speak with an experienced attorney who can help you appeal the denial.
Read more about common reasons workers’ comp claims are denied.
What is a personal injury lawsuit?
A personal injury lawsuit is a civil action filed by an injured person against the person or entity responsible for their injuries. In order to win a personal injury lawsuit, the plaintiff must prove that the defendant was negligent and that their negligence caused the plaintiff’s injuries.
If you are successful in your personal injury lawsuit, you may be awarded damages for your medical expenses, lost wages, pain and suffering, and other losses.
Can I file a personal injury lawsuit if I am covered by workers’ compensation?
Generally, you cannot file a personal injury lawsuit against your employer if you are covered by workers’ compensation. However, there are some exceptions to this rule.
If someone or a company that is not your employer is negligent and causes your injury, the workers’ comp protection does not extend to them.
For example, if your employer does not have workers’ compensation insurance, you may be able to sue them directly. Additionally, if your injuries were caused by a defective product, you may be able to file a product liability lawsuit against the manufacturer of the product.
Can I file a personal injury lawsuit if I am not covered by workers’ compensation?
If you are not covered by workers’ compensation, you may still be able to file a personal injury lawsuit against the negligent party. The best way to determine if you have a personal injury case is to speak with an experienced attorney.
Read more about personal injury lawsuits.
If you have an injury or illness that may have been caused by work, contact the experienced workers’ compensation lawyers at Aversa and Linn to assist you with understanding your rights under the law.
