Construction Workers
Our Workers’ Compensation Lawyers
What are Common Injuries on Construction Sites?
The Occupational Safety and Health Administration (OSHA) is a federal administration that records, tracks, and reports on workplace accidents and injuries. Each year, it notes that the construction industry is among the most dangerous industries in the country, if not the most dangerous of them all.
According to OSHA, four of the worst and most common construction site accidents are:
- Falls from height: Construction sites usually have more verticality than other workplaces. That is to say; there are usually places on the jobsite where a worker will be below another worker or another part of the jobsite. For example, in many construction sites, there are high scaffoldings, cranes, and multistory structures. Falls from such heights are extremely dangerous and can cause a fatality.
- Struck-by object accidents: Hundreds of construction workers are severely injured each year due to being struck by a falling object or a moving object, such as a construction vehicle. Injuries in these sorts of accidents can include broken bones, head injuries, amputations, and more, all requiring emergency medical attention.
- Caught-in/between accidents: When a construction worker is fully or partially caught inside or in between two pieces of moving equipment, it is called a caught-in/between accident. A common example of these accidents is a worker’s arm or hand being caught inside a piece of industrial machinery.
- Electrical exposure accidents: Only certified electricians should work with electrical sources and conduits on a construction site. Electrical exposure accidents tend to happen when an untrained worker is instructed to work near or around electrical sources, resulting in electrical injuries or fatal electrocutions.
Most employees in New Hampshire must be covered by workers’ compensation insurance provided by their employers.
If you are an employee by classification, then you should have workers’ comp benefits available to you.
However, independent contractors usually do not get workers’ comp provided by an employer. If you are an independent contractor by classification, then you could be in a difficult situation to make a recovery. Although, independent contractors can buy private workers’ compensation policies from insurers. Let us know if you made such a purchase, so we can see what benefits your insurer should give to you.
In New Hampshire, it’s essential that you notify your employer of any accidents involving construction site injuries as quickly as possible. In accordance with New Hampshire law, you have two years from the date of the injury to notify your employer or from the date you learned about the injury. Timely reporting is necessary to prevent any issues with your workers’ compensation claim.
Your entitlement to benefits, such as medical care and salary replacement, may be compromised if you fail to report the injury within the required time frame. Following notification of an accident, employers must file a First Report of Injury form with their insurance provider. Claims may be refused or take a while to complete if there are delays.
If you need help, our committed New Hampshire workers’ comp attorneys for construction workers are ready to assist you through each step, ensuring you receive the benefits and compensation you are entitled to. Contact us for a consultation to review your case and protect your rights.
After a construction accident, you could be left with the troubling aftermath of both pain and financial hardships. The workers’ compensation benefits you seek might not feel like enough to make up for what you have been through. Will you have an option to pursue additional damages in another claim?
Third-party injury claims after construction accidents might be justified if:
- You have no workers’ comp insurance: As mentioned, independent contractors who work on construction sites often do not have workers’ compensation insurance coverage unless they purchased it themselves. If you can’t get workers’ comp and your on-the-job accident was not your fault, you might be able to file an injury claim against your employer.
- You were injured by a third party: Even if you have workers’ compensation, you might be able to seek damages in a separate injury claim if you were hurt by a third party who was not employed by your employer. For example, if you were working on a roadside construction site and a motorist hit you while ignoring stop signs, then you could likely file for workers’ comp and file against that driver’s insurance policy.
Importantly, you cannot get compensation for the same exact damage more than once. In other words, if your medical bills are fully covered by your workers’ compensation policy, then you cannot demand medical cost damages from another party in a separate injury claim. You cannot “double-dip” to get more compensation than you are owed.
What steps should a construction worker take if they are injured on the job and need to file a workers’ compensation claim?
When a construction worker is injured on the job and needs to file a workers’ compensation claim, there are specific steps they should take to ensure timely and proper processing of their claim.
- Seek Immediate Medical Attention: The first priority for an injured construction worker is to seek medical help promptly. This includes getting necessary first aid on-site or visiting a healthcare provider for a comprehensive evaluation.
- Notify Employer: It’s crucial to inform the employer or supervisor about the injury as soon as possible. Reporting the injury promptly helps establish the link between the accident and the work environment.
- Complete Incident Report: The construction worker should fill out an incident report detailing the injury, how it occurred, and any witnesses present. This document serves as an official record of the incident.
- Document the Injury: Keeping detailed records of the injury, medical visits, treatments received, and any related expenses is essential for supporting the workers’ compensation claim.
- File a Workers’ Compensation Claim: The next step is to formally file a workers’ compensation claim with the employer or the workers’ compensation insurance carrier. This claim should include all relevant information about the injury and medical treatment.
- Follow Medical Advice: It’s important for the injured worker to comply with all medical advice, attend follow-up appointments, and adhere to the prescribed treatment plan to support the claim.
- Stay in Communication: Maintaining open communication with the employer, insurance company, healthcare providers, and any legal representatives involved in the workers’ compensation process is crucial for a smooth claim resolution.
Contact Wyskiel, Boc, Tillinghast & Bolduc, P.A. today to get started with our New Hampshire construction worker injury lawyer.
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FAQ
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Why do I need a workers’ comp attorney?
One reason why you need legal representation is that the insurance adjuster’s job is to save the insurance company as much money as possible, so they may try to take advantage of you by paying you as little as possible. The weekly temporary total disability benefit is also often calculated incorrectly by the workers’ compensation insurance carrier, without the injured worker or the New Hampshire Labor Department being aware of the miscalculation. There are many workers’ compensation benefits, including vocational rehabilitation and permanent partial impairment awards, which an injured worker may not fully learn from the insurance company. It is important for injured workers to obtain the advice of a knowledgeable, experienced attorney who can maximize the benefits available to the worker through the complicated workers’ compensation system.
Why should I report my work injury?
Workers’ compensation insurance carriers often deny workers cases because they aren’t reported on time. Don’t let this happen to you! If you are injured at work, notify your supervisor and it is a good idea to notify more than one person. Why should you tell your employer immediately when you are hurt? First, the law requires you to do so. Second, insurance companies can more successfully deny claims when they are reported days after the injury happens.
What should I do if I’m injured?
After you’ve received medical treatment, you must notify your employer of your illness or injury immediately after your accident—your employer must report the incident and may have you fill out paperwork for workers’ compensation benefits. Save all receipts from the doctor or hospital and write down every detail of the event you remember, as soon as possible, such as the date of the injury, witnesses present, and any other relevant information. Then, give our firm a call right away to hire legal representation.
What benefits can I obtain?
Workers’ compensation wage replacement benefits are paid at 60% of your gross average weekly wage if your doctors say you are totally disabled. Benefits should continue for as long as you lose time from work or are unable to earn your pre-injury wage. You may receive partial or total benefits, depending on the extent of your injury, and insurance carriers often get it wrong.