Construction is necessary. Without it, existing buildings would go unrepaired, and new buildings would never go up. Just because we need construction, though, does not mean that construction can be unsafe.
Construction workers, neighbors to construction sites, and even passers-by are at risk from the dangers associated with construction projects. Whether injuries are caused by collapsing structures, falling construction materials, or dangerous construction equipment, there are paths to recovery. The paths, though, might change depending on who you are and how you were injured.
The personal injury attorneys at Bennett and Heyman, P.A., have decades of experience getting their clients the financial relief they deserve when they have been victims of construction accidents. If you or a loved one is suffering, or a loved one has been killed, due to a construction accident in Baltimore, contact our law offices today to start the process of getting compensation. Our lawyers fight for our clients to make sure they get the compensation they deserve.
Bystanders Injured by Construction Accidents
If you live near a construction site or were passing by a construction site, and you were injured due to a construction accident, you should be entitled to recover from the construction company or the workers responsible for the accident. Construction companies, contractors, and construction workers often carry liability insurance in case any accidents occur during their construction. This might help your ability to recover, but it might not make the process any easier or simpler.
If you live near a construction site, things can go wrong. Sometimes, that means damage to your own house could cause you injuries, whether it is caused by vibrations from the construction, failures to contain demolition, or more catastrophic collapses or fires. Even just passing-by a construction site, whether on foot or in your car, could lead to injury.
Insurance companies that cover construction companies, or the contractors and construction companies themselves, can be made to pay for your injuries. These insurance companies, though, look out for the best interests of the people they cover, as well as their own expenses. That means they are not looking out for you.
It is important to get an attorney on your side who can help you navigate your case. Insurance companies may under-value your injuries and offer settlements that will not cover your needs. They might also try to talk to you about the case, hoping you will admit some fault of your own that they can use to defeat your claims. Because of this, you should always use an attorney as an intermediary to make sure that you are protected and have the best chance to recover everything you need.
Ultimately, any injury case could end up before a judge and jury, so it is best to go into it with the best legal team you can get.
Construction Workers Injured on the Job
For construction workers who were injured at their construction sites, recovery may be simpler than for outsiders to the construction business – but there is no guarantee. Construction workers who are injured at work can collect compensation from their employer’s workers’ compensation insurance.
Workers’ compensation is a state-sponsored system where every business is required to hold insurance that will cover its employees if they are injured. While someone outside the construction company would need to prove the construction company’s negligence and fault before they can collect for their injuries, an employee who files for workers’ compensation does not need to prove any fault to recover.
The only thing a workers’ comp filer needs to show is that their injury occurred in a workplace accident, or was otherwise work-related. That means that even if the worker’s injury was caused by the negligence of a co-worker or someone outside the construction site, as long as the injury is work-related, they can get compensation. This simplifies recovery and prevents workers from needing to sue their employers in court.
Despite the attempt at making the system smoother and easier, there are still roadblocks. Workers’ compensation is technically able to compensate you for lost wages while you are injured, and can cover medical expenses – but it has drawbacks.
Rather than getting your full wages while you are recovering, workers’ comp usually only allows you to get about 2/3 of your normal wage. On top of that, though it will cover medical expenses, it usually only covers medical expenses that your employer’s insurance company deems necessary, and only for their chosen doctors. That means you often must use the doctors your employer’s insurance company selects, and they may try to minimize their diagnoses of injuries and conditions to reduce how much the insurance company has to pay. On top of that, they pay nothing for pain and suffering damages.
If this happens to you, you could end up getting less than what you actually deserve, and facing poor healthcare. The workers’ compensation system in Maryland can also be complicated to file with, and might requ6ire appeals if you are denied. To make sure your claims go through on the first try, to fight your appeals, or to fight your employer when they cut your compensation short, it is essential to have an attorney on your side.
Who Does Workers’ Compensation Cover?
Workers’ compensation usually covers all employees in a business, whether the business is large or small. It does not, however, cover contractors or business owners. That means that if you work as a contractor, you cannot claim workers’ compensation benefits when you are injured on the job at a construction site. Those who are employed by contracting companies are likely employees of the contractor, and they could claim workers’ comp against their direct boss, but not the construction company contracting their boss.
If you are a private contractor, you will need an alternative route to recovery. That means hiring an attorney to fight for you in court. No matter how you were injured, to ensure that you are informed about the best course of recovery for your situation, speak to an attorney.
Baltimore Construction Accident Attorneys Waiting for Your Call
Bennett and Heyman, P.A., has experienced personal injury attorneys waiting for your call. Do not wait too long, though – your case may have important deadlines for filing.
To talk with a personal injury lawyer with decades of experience helping clients in Baltimore, call Bennett and Heyman today. Our number is (410) 727-2168.