Construction Accidents & Workers’ Compensation

Construction Accidents & Workers’ Compensation Despite initiatives under Occupational Safety and Health Administration (OSHA) and other worker safety groups, the construction industry continues to have one of the highest injury rates.  Training programs, safety classes, equipment inspections and worker certifications are just some ways that the construction industry has attempted to make dangerous work safer for employees.  However, the improper use of equipment, lack of training and hazardous work conditions still contributes to accidents and injuries.   When a construction worker is injured on the job it is a Workers’ Compensation claim.  The Workers’ Compensation system dictates how much compensation the injured party receives following an accident.  The process involves the employee, employer and the insurance company; therefore these types of claims can be complex and difficult to finalize.  It is not always necessary for the injured party to be represented by an attorney especially when minor injuries are concerned.  However, when the accident results in more serious injuries, it is helpful to obtain representation to make sure you are treated fairly and receive appropriate compensation. Under Virginia Workers’ Compensation, an injured person does not have to prove negligence on behalf of a supervisor, employer or any other party.  Simply stated, if you were hurt on the job, even through no one’s fault but your own, you are allowed to seek benefits.  There are some benefits that all injured employees are entitled to receive, however with some the person must meet eligibility requirements. Workers’ Compensation benefits include:
  • Temporary and permanent disability benefits
  • Death benefits compensation
  • Related medical expenses
  • Wage replacement
  • Vocational rehabilitation
  • Cost of living increase
Workers’ Compensation attorneys are specialized in practicing this particular area of personal injury law.  Even if injuries are minor, the employee has every right to seek benefits and compensation under the Virginia Workers’ Compensation Act.  In many cases, the employer, their insurance companies and their lawyers will work together to downgrade the severity of a claim.  It is the role of an attorney to act on your behalf so that not only do you get the compensation you deserve, but that you are not taken advantage of when trying to receive benefits for your injuries.  

William B. Kilduff


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