Where do you file a claim if you are injured at a construction site? Well, it depends on what/who caused your injury and what you were doing at the time. Here are three types of injuries to help you understand where to file your claim:
Injuries Incurred in the Line of Work
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Injuries Caused By Defective Equipment
If a defective product causes your injury, then you can also file a claim against the person who designed, manufactured or sold the product. An example is if you are driving a loader, and its defective brakes fail, causing you to go through a partially completed wall and injuring yourself. Of course, you will need to prove all the elements of a defective product claim. The three elements are that the product was unreasonably dangerous, you were using it as intended, and the defect caused your injury.
Note that you can file both defective equipment and a workers' compensation insurance claim. However, if you win both, then you will be required to reimburse the workers compensation insurance. It is wise to consult an injury lawyer first to determine the relevant claim to submit.
Injuries Caused By a Third Party
Even if you are working at a construction site, you may still be injured by a third party. For example, a supplier can knock you over with his or her truck, or a tool being used by another subcontractor can fall on you. For these injuries caused by third parties, you can instigate a personal injury claim against the third party directly. Again, you will be required to return the workers compensation money if you settle a personal injury claim.
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