Lost Wages: Claiming Compensation After a Construction Injury

Construction sites, while vital for building our infrastructure, are inherently dangerous workplaces. According to the most recent data, a significant percentage of worker deaths in the U.S. occur in construction. Accidents happen, and when they do, construction workers often face not only physical pain and emotional distress but also the financial strain of lost wages. Navigating the process of claiming compensation for lost wages after a construction injury can be complex. This guide aims to provide clarity on how to claim compensation for lost wages after a construction injury, ensuring you understand your rights and the steps you need to take to secure your financial future.

Common Construction Site Accidents and Injuries

Construction sites are filled with potential hazards, leading to various types of accidents. Falls are a leading cause of construction site injuries and fatalities. These can occur from heights, such as unsecured ladders or faulty scaffolding, or on the same level due to slips and trips. Being struck by objects is another common hazard, with workers often injured by falling materials or equipment. Other frequent accidents include electrocutions, often resulting from unsafe equipment or practices, and caught-in/between accidents, where workers are trapped or crushed by heavy machinery or materials.

These accidents can result in a range of injuries, from minor fractures and sprains to severe trauma like traumatic brain injuries, spinal cord injuries, and amputations. Exposure to hazardous materials can also lead to long-term health problems. Repetitive motion, another common factor in construction, can cause strains, sprains, and overexertion injuries.

Understanding Your Rights to Compensation

If you’ve been injured in a construction accident, understanding your rights is the first step toward claiming compensation for lost wages. In most states, including New York and South Carolina, construction workers are typically eligible for workers’ compensation benefits. This no-fault system provides financial support regardless of who caused the accident. Workers’ compensation usually covers medical expenses, lost wages, and disability benefits.

However, workers’ compensation typically only covers a percentage of your lost wages, often around two-thirds of your average weekly wage. This may not be enough to cover all your financial obligations, especially with mounting medical bills. In such cases, you may have the option to pursue additional compensation through a third-party claim.

Workers’ Compensation vs. Third-Party Claims

It’s important to understand the difference between workers’ compensation and third-party claims. Workers’ compensation is a no-fault system, meaning you can receive benefits even if you were partially or fully at fault for the injury. However, it may not cover all your losses, such as pain and suffering or the full extent of your lost wages.

A third-party claim, on the other hand, allows you to seek compensation from someone other than your employer whose negligence contributed to your injury. This could include contractors, subcontractors, equipment manufacturers, or property owners. Unlike workers’ compensation, a third-party claim requires proving negligence or liability on the part of the other party. If successful, a third-party claim can provide compensation for full lost wages, pain and suffering, and future income if your ability to work is affected long-term.

Documenting Your Claim for Lost Wages

The first step is to track exactly how much work you’ve missed. Whether you’re out for a few days, a few weeks, or longer, keep a written record that includes dates missed and your typical pay schedule. Pay stubs, timesheets, and direct deposit records are useful for showing what your income looked like before the accident. If you are an hourly worker, be sure to include your regular rate and average hours worked each week. For salaried employees or those with seasonal work, prior tax returns or employment contracts can help calculate expected earnings.

A doctor’s report detailing the diagnosis, treatment, prognosis, and work restrictions is critical for proving lost wages. The report should outline the medical conditions caused by the accident, the treatment plan, the expected recovery timeline, and any limitations on the ability to work.

Filing a Workers’ Compensation Claim

To initiate the process of claiming lost wages, you’ll typically need to file a workers’ compensation claim. Here’s a step-by-step guide:

Seek Medical Attention: Get medical treatment immediately and inform the doctor that your injury is work-related.
Report the Injury: Notify your supervisor about the injury as soon as possible, providing details about how, when, and where it happened. Submit a written incident report to your employer and keep a copy for your records.
File a Claim: Request a claim form from your employer and complete it accurately. File the claim with the appropriate state agency or workers’ compensation insurer.
Gather Evidence: Collect all relevant documents, including medical records, pay stubs, and witness statements, to support your claim.

Pursuing a Third-Party Claim

If someone other than your employer caused the accident, such as a subcontractor, equipment manufacturer, or property owner, you may be able to file a third-party claim. This type of claim can include full lost wages, pain and suffering, and future income if your ability to work is affected long-term.

Investigate the Accident: Gather evidence to determine who was at fault for the accident.
Consult an Attorney: Contact a construction accident attorney to evaluate your case and advise you on your legal options.
File a Lawsuit: If you have grounds to sue, your attorney will gather all available evidence, such as accident reports, medical records, witness statements, and expert testimonies, to build a strong case on your behalf.
Negotiate or Litigate: Your attorney will negotiate with the third-party defendants or their insurance companies to seek a fair settlement. If a satisfactory settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

The Role of Insurance Companies

When it comes to paying for lost wages after a construction accident, insurance companies are often responsible for providing compensation. However, insurance companies are businesses, and their goal is to minimize payouts. As a result, they may try to offer you less compensation than you deserve or deny your claim altogether.

It’s essential to be prepared to negotiate with the insurance company and, if necessary, fight for your rights in court. An experienced construction accident attorney can help you navigate the claims process and ensure you receive fair compensation for your lost wages and other damages.

What if Your Claim Is Denied?

If your workers’ compensation claim is denied, you have the right to appeal through the state’s workers’ compensation system. This typically involves filing a petition with the Workers’ Compensation Board and presenting evidence to support your claim. If your appeal is unsuccessful, you may have the option to escalate your case to a higher court.

Seeking Legal Assistance

Navigating the complexities of construction accident claims and lost wage recovery can be overwhelming. Consulting with an experienced construction accident attorney can provide invaluable assistance. A skilled attorney can:

Evaluate your case and advise you on your legal options.
Investigate the accident and gather evidence to support your claim.
Negotiate with insurance companies and third parties on your behalf.
Represent you in court if necessary to ensure you receive fair compensation.

Conclusion

Experiencing a construction injury can be a life-altering event, bringing physical, emotional, and financial challenges. Understanding your right to claim compensation for lost wages is crucial for securing your financial stability during recovery. By documenting your injuries, reporting the accident, and seeking legal assistance, you can navigate the claims process effectively and pursue the compensation you deserve. Don’t hesitate to reach out to a qualified attorney who can guide you through every step, ensuring your rights are protected and your future is secure.