One of the trade-offs in the Workers’ Compensation system is that injured workers cannot sue their employers for negligence. People injured at work are automatically entitled to workers’ compensation benefits, but those benefits are more limited than a recovery might be in a negligence tort action.
Construction accidents often result from the negligence of a company or individual who is not the injured workers employer. This enables the injured worker to not only receive workers’ compensation benefits, but to also sue for negligence.
For instance, construction sites have multiple sub-contractors working along side each other. An injury caused by a different sub-contractor would enable both forms of recovery. A defective piece of equipment may allow for a claim against the equipment’s manufacturer. The owner of the premises may be negligently be responsible for an unsafe condition that leads to injury.
A good lawyer will keep an eye out for negligent entities other than the worker’s employer. It is also important for the injured worker to be detailed during the intake process, so that the lawyer can make that analysis.
If you have been injured in a construction accident, call 410-687-7878 to make an appointment to meet with an experienced attorney.