Whenever a construction worker falls from a ladder, gets their hand caught in machinery or suffers a back injury while lifting material, that moment tends to create two problems at once:
- You are hurt.
- You suddenly have to make decisions about reporting the accident, seeing a doctor, missing work and dealing with your employer or an insurance company.
The reality is that what you do next can affect whether your medical bills are covered, whether you receive income while you cannot work and, in some cases, whether you have another legal claim beyond workers’ compensation.
So, you need to know which rights may apply to you, what steps you should take immediately after an injury and which mistakes can cost you benefits or compensation you may otherwise be entitled to.
Below, construction accident lawyers break down six things every construction worker should know after getting hurt on the job:
- Report the Injury, However Minor
Every state has rules about notifying your employer and filing a workers’ compensation claim. The exact deadlines differ, but waiting can make a claim much harder.
This matters especially with injuries that worsen over time, meaning: if you first formally mention your back injury three weeks later, the insurance company may question whether it actually happened at work.
The takeaway here is to report a work injury as soon as possible and make sure there is a record of what happened.
The cost of waiting, depending on the state and circumstances, can mean delayed benefits, a dispute over whether your injury is work-related or even lost benefits.
- You Don’t Always Have to Prove That Your Employer Caused the Accident
Many injured workers accidentally talk themselves out of pursuing workers’ compensation because they think they cannot make a claim if the accident was partly their fault, but workers’ compensation is generally a no-fault system.
There are, of course, exceptions and situations involving things like intentional conduct or intoxication that can be treated differently, but simply believing that you contributed to the accident doesn’t automatically mean you have no claim.
That distinction matters on construction sites, where workers routinely perform physically demanding jobs in changing conditions.
- Medical Treatment Can Be Covered
A serious construction injury can quickly generate thousands of dollars in medical expenses: emergency treatment, scans, orthopedic appointments, surgery, physical therapy and medication.
Workers’ compensation can cover necessary medical treatment for a qualifying work injury.
Note: Just be wary not to assume that you can simply visit any doctor, pay the bill and sort it out later. After an injury, find out how medical treatment is supposed to be arranged under your state’s workers’ compensation system. Otherwise, you can end up fighting over bills or whether particular treatment was authorized.
- If You Can’t Work Normally, Wage-Loss Benefits May Be Available
For many construction workers, the biggest fear after an injury is the next paycheck.
A doctor may tell you that you can’t return to roofing, framing, operating machinery or heavy lifting for several weeks. Or you may be able to work light duty but earn less than you did before the accident.
Well, the good news is that workers’ compensation provides wage-loss benefits in qualifying cases.
The amount, waiting period and calculation differ by state, and benefits usually will not replace every dollar you previously earned, but an injury doesn’t necessarily leave you choosing between working hurt and receiving no income.
The same applies when you can technically return to work but your injury reduces what you are able to do or earn.
- An Insurance Company Saying “No” Does Not Necessarily End Your Case
Imagine receiving a letter saying your treatment is not authorized, your injury was not work-related or your benefits are being stopped.
It is easy to read that as a final decision, but it may not be.
Workers’ compensation claims can be disputed and each state has a process for resolving those disputes. Depending on the issue and state, that can involve hearings, workers’ compensation judges, commissions or appeals.
An employer or insurer denying your claim doesn’t mean the law says you have no right to benefits.
- Workers’ Compensation Might Not Be Your Only Claim
Construction sites are different from many workplaces because several companies may be working in the same place.
You may work for one subcontractor while a general contractor manages the project. Another subcontractor may have created the dangerous condition. The property belongs to someone else. A defective ladder, scaffold, tool or piece of machinery may have contributed to the accident.
Workers’ compensation generally limits lawsuits against your employer, but it doesn’t necessarily eliminate claims against other parties whose negligence caused your injury.
That potential third-party claim matters because workers’ compensation and personal injury claims compensate different losses.
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