CONSTRUCTION SITE/WORK ACCIDENT LAWYER IN NORTHWEST INDIANA
According to the U.S. Bureau of Labor Statistics, there are 2.8 workplace injuries per 100 full-time workers. These can result in serious injuries that impact your ability to work. Fifteen percent of the nonfatal injuries and illnesses in the private industry in 2019 occurred in the manufacturing industry. Within this industry, motor vehicle body and trailer manufacturing accounted for the highest number of incidents. Ten industries account for nearly a third of workplace industries, including laborers and freight, stock, and material movers.
However, it’s possible to sustain an injury on the job in any occupation. Cases involving days away from work were highest for nursing assistants, and even retail salespersons were included among the top ten occupations with workplace incidents that involved days off work. If you’ve suffered from a construction site or workplace accident, you deserve adequate compensation to help you cover the costs associated with the injury.
If you’re injured on the job in the course of your assigned duties, you should be eligible for workers’ compensation. This program, provided by the U.S. Department of Labor, gives injured workers a variety of benefits including:
- Wage replacement.
- Coverage for medical expenses.
- Vocational rehabilitation.
- Disability benefits.
- Funeral expenses in the case of death.
To qualify for workers’ compensation, you must be an employee of a company that carries workers’ compensation insurance. In Indiana, most companies are required to maintain workers’ comp insurance. However, there are some exceptions including sole proprietorships, partners and LLC members, independent contractors, corporate officers, and licensed real estate agents.
You do not have to prove that your employer was at fault to receive workers’ compensation benefits. Workers’ comp protects both the employee and the employer. Employees receiving workers’ comp benefits cannot sue their employers for additional compensation.
You must file a claim within 30 days of the injury to receive benefits, so don’t delay if you’ve been hurt on the job.
What To Do If Workers’ Compensation Is Denied
In most cases, workers’ compensation is simple and straightforward. However, your compensation may be denied if:
- Your injury didn’t take place on the worksite.
- You didn’t file your claim within 30 days of the incident.
- You did not receive medical treatment or got medical treatment from a provider that’s not approved by the workers’ compensation system.
- You were intoxicated at the time of the injury.
- The injury is the result of a pre-existing condition.
- You engaged in roughhousing or horseplay that resulted in your injury.
In some cases, an employer may dispute a workers’ compensation claim based on one of these factors even if the information is incorrect. If you’re eligible for workers’ compensation but your claim has been denied as the result of a misunderstanding or false accusations from your employer, you should seek help from a workers’ compensation attorney. Our expert lawyers will help you navigate the process of filing your claim for the best chance of getting the compensation that you need.
Getting Compensation From a Third Party
Though you can’t sue your employer when you’re receiving workers’ compensation, you can recover damages from a third party. If there was a negligent party involved in the accident, you could be eligible for additional compensation to help you with costs that aren’t covered by workers’ comp.
In construction site incidents, there is often a third party present such as a supplier, subcontractor, driver, property owner, manufacturer, or general contractor. All these individuals must work together carefully to keep worksites safe. Negligence on the part of even one individual on a construction site can result in serious injuries. Some of the worksite accidents that may cause these injuries include:
- Structural failure.
- Crane accidents.
- Electrical shock.
- Scaffolding accidents.
- Operating equipment failure.
- Fires or explosions.
If a third party was involved in your accident, contact an attorney as soon as possible to determine what kind of compensation you may be eligible for. A worksite accident can lead to years of difficult expenses, emotional hardships, and lost time from your occupation. A successful lawsuit against a third party can provide you with some valuable compensation to help you get your life back on track following the accident.
FAQs About Construction Site and Work Accidents
If you’ve suffered from a construction site or workplace accident, you have a lot to think about. Here’s some basic information to help you with the next steps.
When will I start receiving workers’ compensation benefits?
In Indiana, you are entitled to weekly income benefits if you cannot return to work for more than 7 days following the incident. In this case, you will get your first weekly installment 15 days after the date of your injury. You will not get paid for the first week of lost time until you have been out of work for 21 days.
How can I get my medical bills paid for?
Speak with your employer immediately following the accident for guidance on the next steps. Make sure that you’re seeing a medical provider that’s approved by your employer’s workers’ compensation insurance. When you see the doctor, let them know that the injury is work-related. All bills will then go to your employer’s workers’ compensation insurance. You should not have to pay anything. If you are billed for medical expenses associated with your workplace injury, speak with an attorney.
Can my employer fire me for filing for workers’ compensation?
No, you cannot be fired for using workers’ compensation benefits. This system is designed to protect workers and their jobs. If you lose your job after filing for workers’ compensation, speak with an attorney to find out how you can protect your rights.
You deserve proper protection when you’re at work. If you’re injured on the job, there are many avenues that you can take to make sure that you have the funds you need to cover your medical costs as well as your living expenses while you recover. Our construction injury lawyers at Alvarez Law are experienced in all manner of workers’ compensation and injury cases. We can assist with everything from accident reconstruction to properly filing your claims. Contact us now to learn more.