Construction sites often rank at or near the top of industry studies that examine dangerous workplaces in the United States. Accidents can happen in any type of workplace, but construction companies know the risks and should be vigilant in protecting their workers.
If you suffered an injury while working on a construction site, our Brookhaven workers’ compensation lawyers at Bader Scott Injury Lawyers will help protect your current and future needs by guiding you through your available options. Contact us for your free and confidential legal consultation and learn more about how a Brookhaven construction accident attorney can help you through the legal process.
How Our Brookhaven Workers’ Comp Attorneys Can Help You Navigate the Legal System
If the company you work for carries workers’ compensation insurance, a Brookhaven personal injury lawyer will help you get the medical care you need, identify your losses, and assist you in filling out your WC-14 form.
A benefit of using workers’ comp is that it doesn’t matter who is at fault for your injury. As long as the injury is work-related and your employer has workers’ comp insurance, you should receive benefits that cover your financial losses.
Can You File a Personal Injury Lawsuit After a Work-Related Construction Accident in Brookhaven?
In most situations, your compensation after a work-related construction accident will come from your employer’s workers’ compensation insurance carrier, and you cannot file a personal injury lawsuit.
However, you may be able to file a personal injury claim or lawsuit in some cases, such as if:
- Your employer should carry workers’ comp insurance but does not.
- Your business isn’t required to carry workers’ comp.
- An individual or entity other than your employer caused or contributed to your injury.
In addition to the full cost of your medical bills, lost wages, and other economic damages, this type of claim may also compensate you for subjective, non-economic losses you’ve suffered, such as:
- Physical pain and suffering
- Loss of enjoyment of life
- Loss of or change in personal relationships
- Mental anguish
- Inconvenience, distress, or hardship due to disfigurement or disability
- Physical discomfort
- Anxiety or depression
Proving Liability and Negligence for Your Claim
In a workers’ comp claim, you do not need to prove fault. However, if you are pursuing a third-party personal injury claim outside of or in addition to workers’ comp, your Brookhaven workers’ comp construction accident lawyer must prove negligence and liability. To do so, our law firm will investigate the accident, looking to confirm that:
- Individuals or businesses other than your employer owed you a duty of care, meaning they had a duty to use reasonable care to avoid harming you.
- The at-fault party breached their duty of care, meaning they did not use reasonable care in their actions or failed to use reasonable care by not acting.
- In breaching their duty of care, they caused or contributed to your injury.
- You sustained losses due to the accident and your injury.
At Bader Scott Injury Lawyers, our accident lawyers use various methods to confirm negligence, such as:
- Collecting CCTV video and images of the accident, as well as visual data from other sources, including smartphones
- Gathering eyewitness statements along with police and medical records for review
- Retrieving physical evidence from the accident scene
We will aim to use the information gathered during the investigation to prove negligence and support your personal injury claim. Although workers’ comp usually prohibits an injured employee from suing their employer, you may be able to file a lawsuit against them for damages if they were grossly negligent or malicious in their actions.
To learn more about what type of claim or lawsuit you may qualify for, contact us today at Bader Scott Injury Lawyers.
For a free legal consultation with a construction accidents lawyer serving Brookhaven, call (404) 888-8888
What Workers’ Compensation Covers for Construction Accidents in Brookhaven
In Brookhaven and all around Georgia, any business with three or more employees must offer workers’ comp insurance. If you’re unsure about your employer’s status, visit the Georgia State Board of Workers’ Compensation (SBWC) website.
Workers’ comp typically covers:
- Medical treatment authorized by the medical professional in charge of your case, including but not limited to surgery, prescriptions, hospital costs, physical therapy, and travel expenses associated with medical care.
- Lost income if you can’t work for more than seven days. If you miss 21 consecutive days, you will also be paid for the first week of missed work. How much workers’ compensation you receive and for how long depends on several factors, including the severity of your injury. Speak with our Brookhaven construction accident lawyers for help in understanding what you deserve to receive as an injured construction worker.
- Vocational rehab if your injuries prevent you from returning to your job.
- Disability benefits if you suffered a catastrophic injury.
- Death benefits if you lost a loved one in a construction accident.
Brookhaven Construction Accident Lawyer Near Me (404) 888-8888
The Time Limit for Filing a Workers’ Comp Claim for Construction Accident Injuries in Brookhaven
In general, the statute of limitations for filing a workers’ comp claim in Georgia is just one year, per O.C.G.A. § 34-9-82. If you qualify to take legal action, you generally have two years from the accident date to file a personal injury claim, per O.C.G.A. § 9-3-33. In some situations, you may have more or less time than these deadlines, depending on circumstances.
Your workers’ compensation benefits should begin shortly after submitting your WC-14 form. However, if the insurance company delays or denies your claim, we will assist you in preparing for a hearing with the SBWC, during which the judge will make a ruling on your right to benefits for this particular claim.
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Workers’ Comp Case Results for Construction and Other Accidents
Our legal professionals represent injured workers in Georgia. We will use our extensive knowledge and experience to help you pursue a fair compensation settlement or judgment for your injuries. Some of our recent successes on behalf of our clients include:
- $5.25 million for a workers’ comp and personal injury paralysis claim
- $2 million for a workers’ comp traumatic brain injury claim
- $1.9 million for a workers’ comp paralysis claim
- $500,000 for a workers’ comp amputation claim
Your Cost to Work with Bader Scott Injury Lawyers
Our legal team offers free case consultations, and if we move forward with your case, we will do so on a contingency fee basis. This means you pay no upfront fees. Our fees will come from your compensation settlement or judgment, saving you from additional unexpected expenses.
Schedule Your Free Construction Accident Case Review Today
A Brookhaven construction accident lawyer from our team can help you define and follow the legal options that best suit your case and your needs. Contact Bader Scott Injury Lawyers today to get the help you deserve.