Injured At A Construction Site? Here Are Tips On Identifying Who Is Responsible

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

Workers compensation is meant for workers who get injured in connection with their work. The phrase most commonly used for this is that the injury must have occurred "in the course of employment." Therefore, if you were at work, and you were injured while engaged in your official duties, then you should make a workers' compensation claim.

The best thing about workers compensation is that you don't have to prove that anybody caused your injury. However, not all injuries occurring in the workplace are covered. For example, you may not be compensated if you were injured while violating the company's policies. So if you were fighting with a colleague, and your employer has a policy against fighting in the workplace, then you may not be compensated.

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.

As you can see, workers compensation isn't the only way you can be compensated if you are injured at a construction site. Of course, your initial consultation with a personal injury lawyer will help you to identify the responsible party and where to file your claim. To learn more, contact a business like Mauro Savo Camerino Grant & Schalk.