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Tillman & Associates, Attorneys at Law

Construction workers' injuries may be covered by workers' comp

Injuries suffered by Georgia construction workers may be covered by workers' compensation insurance benefits, depending on the circumstances. In many cases, it comes down to the extent that the worker's employer is responsible for the injury. Workers' compensation laws do not bar employees from recovering for injuries caused by third parties, such as property owners or manufacturers of construction equipment.

Workers' compensation laws are designed to provide for an injured worker for such things as reasonable medical expenses by way of an insurance claim. If the injury results in a temporary disability, workers' compensation will usually cover a portion of the injured party's lost wages. In the case of a permanent disability, the injured worker may be eligible to receive a lump-sum settlement or payments over time. Other benefits might include such things as vocational rehabilitation.

When a third party is responsible for a workplace accident, the injured worker may be able to seek additional compensation by filing a personal injury lawsuit. In most cases, workers' compensation laws will not affect an award.

Whenever a workplace injury occurs, the injured employee should report the incident to his or her employer as soon as possible. The employer must then provide a claim form for the worker to complete and submit. The form should be completed and submitted as soon as possible to avoid delays in receiving benefits.

In some cases, it may be difficult for an injured construction worker to receive workers' compensation insurance benefits, such as if an insurance provider or a self-insured employer deny a claim. A worker whose claim has been denied might try to appeal the decision, which could require a great deal of additional paperwork and medical reports. A lawyer with experience in workers' compensation cases could help compile the necessary documents.

Source: Findlaw, "Construction Accidents and Workers' Compensation", August 14, 2014

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