Types Of Compensation For Construction Accident Injuries
The following examples of compensation covered in most construction injury cases include full compensation for past and future medical care and treatment, drug therapy, replacement income, vocational rehabilitation, and job search assistance.
No Compensation For Pain And Suffering
The greatest disadvantage of the Workers Compensation system in construction cases is that injured workers are not entitled to collect for pain and suffering which is normally a large part of most types of personal injury cases. This is not true in third-party cases outside of workers compensation. For example, a worker is injured because he used a defective tool. The worker can sue under workers compensation and the manufacturer of the defective tool under a theory of strict liability as well as negligence in the design and manufacture of the product.
Wage replacement usually comes out to about three-quarters of the worker’s average yearly wage. Workers’ compensation insurance is not limited to just incidental accidents. Workers Compensation also cover construction injuries and illnesses that are developed over long periods of time relating to the work environment, especially where the worker has been injured due to repetitive physical activity.
Lump Sum Benefits – Permanent Work Injuries
If the worker is rendered permanently disabled from a prior construction job, the worker will probably still be eligible for long-term disability or lump sum benefit. However, permanent disability benefits are normally aggressively litigated by the insurance company and can be very complex, highly contentious and time-consuming. Speak with an experienced Workers Compensation lawyer to help you develop the right litigation strategy for your case.