Construction workers face some of the most severe injuries of any occupation. They can experience everything from broken bones to paralysis or even death in some cases.
Employers must run safe sites and take all possible precautions to avoid injury to workers and bystanders. Injured workers can recover monetary compensation through various avenues.
Workers’ Compensation
Industrial accidents can range from minor injuries like broken bones or sprains to more severe, catastrophic ones such as traumatic brain injury or paralysis. When a Nebraska construction worker suffers these or other life-changing injuries, they may qualify for workers’ compensation benefits. These benefits typically cover indemnity, medical expenses, and vocational rehabilitation.
In the state, workers’ compensation insurance is required for all employers. This type of insurance covers any accident during the course and scope of employment, regardless of the employer’s negligence. In addition, it provides death payments to people who pass away as a result of an accident at work.
A construction accident attorney in Nebraska could help injured parties file a workers’ compensation claim. They could also pursue a third-party claim against negligent parties. The goal is to deliver more extraordinary financial restitution than available through a first-party workers’ compensation claim alone. A knowledgeable attorney could even negotiate with the insurance company on behalf of their client.
Third-Party Claims
You may recover damages beyond workers’ compensation with the assistance of a construction accident lawyer. These damages are often more substantial than those available through workers. They can include lost income, sky-high and sometimes life-long medical expenses, workers’ costs, pain and suffering, and more.
Although workplace hazards may be inevitable, they can be minimized through proper training, equipment maintenance, vigilance, and other measures. Unfortunately, despite these efforts, accidents can still happen. A construction accident lawyer can investigate your claim and determine if filing a third-party lawsuit against the parties responsible could lead to greater financial reimbursement for your losses.
Unlike workers’ comp claims, personal injury claims have deadlines called statutes of limitations that workers can ensure that they can file suit for the money they need. A knowledgeable accident attorney can review your case, provide compassionate assistance, and make sure you meet crucial time limits. Your attorney can explain the exceptions to the statute of limitations.
Insurance Subrogation
Insurance subrogation is one of those terms that most people do not understand. It is a process where an insurance company takes over a claim against someone else who caused a loss and then seeks to recover their costs from the third party.
For instance, your employer’s insurance will cover some of your lost wages and medical expenses if you are injured at work and need workers’ compensation. However, if you were hurt by a defective ladder that a third-party manufacturer sold to your employer, the insurance company may pursue a subrogation action against that worker’s company to get the employer’s back.
Even though submitting a third-party or workers’ compensation claim can be complex, you should know that your attorney can manage these instances and assist you in receiving the necessary financial compensation. A lawyer can also help you pursue a third-party workers’ comp claim to deliver greater financial reimbursement than a worker’s first-party workers’ compensation claim.
Time Limits
If a construction accident results in serious injuries, you might have to cope with missed pay, medical expenditures, trauma costs, and other damages. Having an experienced attorney can help you recover the compensation you deserve.
When seeking workers’ compensation or filing a personal workers’ suit, strict timelines and filing requirements must be followed. Failing to meet these deadlines results in forfeiting your right to recovery.
A knowledgeable construction accident lawyer can ensure your claim is filed according to the law. They can also advise you of any special provisions that might apply to your case.
For example, New York law requires that you report a worker injury to your employer within 30 days, regardless of whether you plan to seek workers’ comp or file a personal injury lawsuit. This requirement and several other provisions can affect the statute of limitations that applies to your case.
