After being wounded on a construction site, you need to know if your claim is eligible for the full compensation offered by a personal injury suit. Find out by working with a Milwaukee construction accident lawyer.
Getting seriously injured on the job can leave you in a bad place financially, physically, and emotionally. Fortunately, you’ll at least have workers compensation to help you with the medical expenses. On the other hand, work comp doesn’t cover everything—in fact, the compensation it provides is incredibly limited.
While most workplace injuries won’t be eligible to go beyond work comp, there are certain criteria that, when present, will allow you to file a personal injury claim against the at-fault party. This, in turn, will allow you to seek full and comprehensive compensation for your damages. Many injuries that occur on construction sites meet these criteria, and a Milwaukee construction accident lawyer from the Law Offices of Gary Greenberg can help you make this determination.
Filing a Personal Injury Claim for a Workplace Accident
As mentioned, the compensation provided by work comp is substantially limited in what it covers. It will only cover your medical expenses and a percentage of your lost wages. Even then, you’ll likely receive pushback from the insurer on certain medical procedures that your doctor feels are necessary.
By seeking damages through a personal injury claim, you can get full compensation without having to worry about whether the insurance will cover a certain treatment. However, your accident has to meet certain criteria in order for you to file a civil suit. Your Milwaukee construction accident lawyer can investigate and help you determine if your situation meets any of the following conditions:
Your employer doesn’t carry workers compensation insurance
The accident was caused by malice or truly egregious negligence on the part of either a coworker or your employer
Your illness or injury was caused by exposure to a toxic substance, such as asbestos
The accident was caused by a product manufacturing defect somehow, such as through faulty machinery or defective safety equipment
An outside third party, such as a contractor, passerby, or motorist, caused the accident
Determining Fault for a Construction Site Accident
Before your personal injury suit can be filed, it will be essential to investigate the accident and determine exactly who was at fault and how. This is especially important in construction accidents, because the above criteria generally require that either a third party was responsible or that intentional harm was involved.
For example, if your injury was caused by an electrocution, how the electrocution happened will determine whether you can proceed with a personal injury claim or must settle for workers compensation. If it turns out that a coworker simply forgot to shut off the power feeding the wires you were working on, this will most likely fall under work comp. However, if the electrical equipment turns out to have a manufacturing flaw, you might have a product liability case against the manufacturer.
These are just a few of the jobsite accident types that your Milwaukee construction accident lawyer will be able to help you investigate:
Falls from ladders and other heights
Falling objects, tools, and building materials
Heavy machinery accidents involving cranes, forklifts, and others
Safety equipment failures
Toxic substance and chemical exposure
Fires and explosions
The High Cost of On-the-Job Injuries
After establishing fault, it will be important to fully assess the value of your personal injury case before ever accepting an offer from the insurance company or at-fault party. The type and extent of injury that you sustained will form the foundation of your claim’s worth, as it will dictate what sort of medical care you will require, how long you will be out of work, and how your life will be impacted.
Brain and spine injuries are particularly common, especially in accidents involving falls or falling objects. These injuries are often serious—even fatal. Even if you are able to recover after extensive and expensive medical care, you might be permanently disabled in some way, perhaps paralyzed.
Many construction workers find themselves developing illnesses such as mesothelioma and other cancers after being exposed to dangerous chemicals. When this happens, a Milwaukee construction accident lawyer from our firm can help you recover the cost of medical care and the damage done to your future wellbeing.
Burn injuries frequently result from fires and electrocutions, while broken bones can happen in nearly any type of construction accident. While these injuries usually heal in time, they can be incredibly painful and leave you unable to work in the meantime. Burns can also result in permanent scarring and disfigurement.
Monetary Compensation for a Construction Injury
Regardless of the exact nature of your construction accident or the injuries it caused, you deserve to be fully compensated for all of the financial expenses and intangible losses you have suffered. This is the biggest reason to pursue a personal injury claim in addition to workers compensation. Work comp can help you immediately, but a civil suit can help you recover all of the damages left uncompensated.
These are just a few of the financial damages and non-economic losses that your Milwaukee construction accident lawyer will help you recover when they apply to your case:
Any medical procedures, treatments, or medications not covered by work comp
The percentage of lost wages and decreased earning potential not covered by work comp
Modifications made to your home and vehicles to accommodate new disabilities
Medical equipment and mobility aides
Physical and emotional therapy
Pain and suffering
Damage done to your marriage and personal relationships
Lost enjoyment of life
Milwaukee Construction Accident FAQ
While any accident and injury situation can be confusing, this is especially true of on-the-job injuries. In this section, we’ve provided answers to a few of the questions we hear most often. If you would like additional information, please contact our office to speak with a Milwaukee construction accident lawyer.
What are the “fatal four” of construction accidents?
Accidents are so common to construction sites that a few types happen often enough to stand out from the rest. These are called the “fatal four” by the Occupational Safety and Health Administration (OSHA), and include falls, being struck by falling objects, electrocutions, and getting caught in or between objects and equipment.
How do I prove that my employer was egregiously negligent in causing my construction accident?
This varies from case to case, but if your employer was aware of the danger you faced and did nothing to correct the situation, they might be found egregiously negligent, which would allow you to sue. If your employer was cited by OSHA in the past, this could help your case, as well.
If I file a workers compensation claim, can I still pursue a personal injury claim later?
Yes. You should always file for work comp right away so that you can begin receiving medical care and make your employer aware of your accident and injury. As long as your accident meets the necessary criteria, you will still be able to pursue a personal injury lawsuit later.
Contact a Milwaukee Construction Site Injury Lawyer
If you’ve been injured while working on a construction site, it can be difficult to know if you have grounds to seek compensation beyond what work comp provides. At the Law Offices of Gary Greenberg, we have experience handling these types of claims, and we can help you determine if you have grounds for a case and what it might be worth.
To schedule a free consultation with a Milwaukee construction accident lawyer, simply give us a call at 414-271-7007 or complete the contact form on this page. There’s no obligation to proceed beyond the initial case evaluation, so there’s no risk involved in exploring your legal options and finding out how we can help you get the settlement you deserve.