If you are injured while doing construction work, you may be eligible for workers’ compensation benefits.
Workers’ compensation is a no-fault system, meaning you do not have to prove another entity was at fault for the accident that led to your injury, and you do not have to gather evidence of negligence. You simply need to demonstrate that you were injured while performing duties in the scope of your job.
That last phrase, “in the scope of your job,” is important here. You can’t file for workers’ compensation for injuries that occurred while you were doing something unrelated to your work.
Obtaining workers’ compensation
Employers are required to have workers’ compensation insurance, which pays out the benefits as needed if an employee suffers an injury on the job. These benefits can then be used to pay for medical expenses, lost wages and permanent or partial disability.
Unlike personal injury claims, you can not pursue pain and suffering damages in a workers’ compensation claim. There’s also no requirement for extensive litigation; if you’re approved for a workers’ compensation payout, the process will go relatively quickly compared to personal injury claims.
Keep in mind that you must be classified as an employee to be eligible for workers’ compensation. Independent contractors, therefore, are not eligible to seek workers’ compensation benefits. This means you should be aware of your employment classification before attempting to seek compensation for your injuries. In the construction industry, sometimes workers are contractors and sometimes they are employees of the construction company; this structure can vary.
For more information about the process of filing for workers’ comp after a construction accident, contact a trusted Bradenton, FL personal injury lawyer at Goldman, Babboni, Fernandez & Walsh.