If you were injured while working at a construction site, the legal claims may be affected by the workers’ compensation laws, and depending on your employment condition and the degree y which your employer is liable for your injuries. Here is a concise explanation of the workers’ compensation procedure for the construction accidents, but the lawyer should determine the degree of liability of your employer. Aside from your employer, there are others who may be held accountable for your injuries such as property owners, third-party contractors, or equipment manufacturers and your recovery from those parties are not influenced by the workers’ compensation laws.
Workers’ Compensation Defined
The workers’ compensation refers to a system of laws that summarizes particular benefits to which an injured employee is entitled, including lost wages and medical expenses. This is a safety net for the employees who are injured while working.
For most of the states, this law requires that every business and company must have the workers’ compensation insurance to cover its workers. Filing the workers’ compensation claim is similar to filing for any insurance claim. This law is not a lawsuit against the employer but a request for benefits and under the state workers’ compensation programs, the injured employee is entitled to the following benefits:
The injured person is covered by the right to all reasonable needed treatment to relieve the effects of the injury. Under the medical treatment compensation are all the medical bills, prescriptions, and even the roundtrip mileage to the hospital. Under the workers’ compensation benefits, the patient may use the company doctor but only within 30 days and after this period, the patient may select another physician but should submit a written request.
When the injured person must have to be absent from work due to medical reasons related to the construction accident, the injured person may be entitled to temporary disability payments, and this will give the injured worker a partial compensation for the lost wages. There are particular optimum and minimal limits to the pay rate. Basically, it is equals for about two-thirds of the average weekly gross pay and is paid out every two weeks. Once the physician verifies that the employee cannot work due to injury sustained while working, the first temporary disability check comes within few weeks.
If the worker will not be able to recover from the effects of the injury, the injured worker may be entitled to monetary award. Permanent disability is good for the injured worker who has lost the ability to compete in the open labor market of the workforce. The amount and rate which the injured worker is paid will depend on how much limitation the injury puts on certain activities. Other elements to consider are occupation, age, and the income during the accident while working.
When the injury prevents the return to the previous job, the assistance in acquiring for another job may include benefits. During the vocational rehabilitation, a partial earning is distributed which is similar to temporary disability. The vocational rehabilitation benefits are often times monetary maximum award and may be substituted by an offer of modified or different work from the employer.
Things to Do When You are Injured
The following are useful tips for filing workers’ compensation claims if you are injured while are working:
- Report the injury to the employer immediately – When possible, the report should be in writing and keep a copy of the report for personal records.
- Complete a claim form – Regardless of how the employer discovers about the construction accident, your employer must offer you with a claim form right away. Until this claim form is completed, the employer has no responsibility to provide you with benefits. Be sure that it is filled out fully and specifically, and keep a copy of the claim. Once the claim is filed, the employer has the responsibility to inform the workers’ compensation insurance provider immediately and get medical help.
- File the claim immediately – Any delay on the part of the injured worker may also result to delay in compensation award. Report injuries immediately and file the claim as soon as it is decided to seek for compensation increases the tendency that benefits will start quickly. Any delay in reporting may also result to delays in receiving benefits. When there is a dispute that comes up about the claim, you can hire the professional services of an experienced lawyer who specializes in workers’ compensation claim.
Take note that workers’ compensation laws and benefits differ from one state to another state.