Recovering from a Construction Accident
Construction workers face unique dangers every day, from operating heavy equipment and machinery to working at elevated heights and within hazardous environments. When an on-site accident occurs, you have the legal right to recover for your injuries – beyond just workers comp. In fact, you have many options to maximize your recovery:
- A personal injury claim against other companies on the job site whose negligence contributed to your injury;
- A products liability claim against the sellers and manufacturers of any equipment whose malfunction were a contributing cause for the accident; and,
- A workers compensation claim to ensure your lost wages, medical expenses, and other immediate financial needs are covered.
But you may be wondering, what is the best way to proceed? As a personal injury lawyer, we can meet with you to go over your options and undertake a full investigation to ensure you are properly compensated from all available sources. The road to recovery may be significant, and we want to ensure you are protected. Let’s first start with workers’ compensation:
Workers’ Comp for Construction Workers
Under Virginia law, employers with three or more employees are required to carry workers’ compensation insurance coverage.
Construction companies, which operate within a high-risk industry, are expected to strictly abide by this provision. For injured construction workers, eligibility for workers’ comp depends on proving that your injury or illness results from job-related duties or occurred during normal work activities. This encompasses injuries arising from falls, equipment malfunctions, electrical hazards, material handling accidents, slips and trips, scaffolding collapses, repetitive motion ailments, or exposure to hazardous substances.
Specifically, according to the Virginia Code §65.2-101, it is necessary to demonstrate the injury occurred “by accident arising out of and in the course of employment” to be deemed compensable:
In other words, we have to show your injury happened at work as part of your job duties. That may seem obvious, but in cases where a person is catastrophically injured (and insurance companies are facing a large payout), claim adjusters fight back on everything. As workers comp lawyers, we have no fear fighting back against the insurance company on your behalf.
Other Sources of Recovery
Immediately following an on-site accident, get medical attention to protect your health, and ensure the doctors properly document the circumstances of your injury. Tell them what happened. Seeking medical help quickly ensures your condition and symptoms are accurately recorded, facilitating your claim later on. Moreover, delaying your medical evaluation may allow your employer or their insurer to argue that the injury was not severe or directly attributable to your work activities.
After getting treatment, Virginia workers compensation laws have strict notification requirements. As outlined in Virginia Code §65.2-600, an injured employee must provide notice to their employer within 30 days of the accident. This notification must clearly convey the specifics—such as how, where, when, and under what circumstances the injury occurred. Although this notification can be verbal, providing a written notice ensures you have tangible records if complications or disputes arise.
Next, we want to start gathering evidence about how the injury happened. Were you exposed to chemicals at work? If so, is your employer responsible, or are there other bad actors whose insurance is on the hook to contribute to your recovery? Or, were you hurt in an on-the-job accident, and if so, who and what else was involved? We are tenacious in looking at your case form every angle to stack insurance policies for your recovery. Now is the time to act to protect yourself, because if your injuries are severe, and you are unable to return to work for a long period of time, we will need to get funds to take care of you and your family.
Contact Us
Sustaining an injury on a construction site is painful and stressful enough without having to manage paperwork and legal complexities alone. Virginia’s workers’ comp laws exist to primarily protect the hard-working individuals in our communities who face injury risks daily. By quickly notifying your employer, carefully documenting your injury and treatments, and promptly filing your claim, you can improve your chances of securing necessary financial support to alleviate your burdens.
If you need assistance in understanding your rights and filing your claim, please contact the workers comp lawyers in Roanoke at our firm. We can help you confidently and efficiently navigate the workers’ compensation claims process while you focus on your recovery.