Claims for Financial Compensation for Injuries in Kentucky Construction Accidents

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If you work in the construction trades as a heavy equipment operator, roofer, framer, electrician or related occupation, then you are probably aware that construction projects typically are riddled with potential hazards that can cause catastrophic injuries or fatalities.  Whether you are employed in the construction trades or you are a bystander passing a construction site, the multitude of hazards at the location of such projects make the construction industry one of the most dangerous workplace environments.  Approximately 150,000 people suffer construction-related injuries annually while another thousand people die in construction accidents.  The magnitude and number of potential hazards faced by those working in construction have made this segment of the economy the most deadly of all occupations. Our Louisville Construction Accident Lawyers are committed to representing those injured in construction accidents obtain the compensation they need to move past their injuries and support their families.  Construction workers may have a claim for workers’ compensation benefits against the injured worker’s employer, but these benefits typically are far more limited than the financial recovery that is available in a personal injury lawsuit.  An on-the-job construction injury may justify benefits in a workers’ compensation claim that include some or all of the following:
  • Medical treatment
  • Partial wage replacement
  • Partial or total disability compensation
While these benefits can be essential for injured workers and their families following a construction accident, there may be situations that make receiving such benefits problematic.  Many construction employees are independent contractors so they do qualify for workers’ compensation benefits.  An employers’ obligation to provide workers’ compensation benefits is contingent on the existence of an employment relationship.  Sometimes an employment relationship may exist even though the employer attempts to define a worker as an independent contractor depending on the degree of control the employer exercises over the worker. Whether or not an employment relationship exist between an injured worker and the employer, our experienced Kentucky construction accident attorneys at the Bruce Law Group often investigate the facts and circumstances to determine if a personal injury lawsuit is appropriate.  Because the Kentucky workers’ compensation system provides the exclusive remedy against an employer for work-related injuries, a personal injury lawsuit must be brought against third parties.  These third parties may include a range of entities and individuals, including but not limited to the property owner, general contractor, subcontractors, equipment rental companies, engineers, architects and others. Personal injury lawsuits against third parties will not only permit an injured worker to seek compensation in the absence of an employment relationship but also provide more extensive recovery to supplement a workers’ compensation claim.  Some of the types of damages that might be available in a personal injury action that are not part of the benefits available through the workers’ compensation system may include the following:
  • Pain and suffering
  • Impaired enjoyment of life experiences
  • Emotional distress
  • Loss of companionship, guidance and support
  • Punitive damages (cases of particularly egregious conduct)
A workers’ compensation claim will not require the injured worker to establish negligence by the employer, but the third party personal injury claim will require that negligence be established.  Some of the common types of construction project accidents that may be the basis for these two types of claims include:
  • Construction site falls
  • Electrocutions
  • Exposure to toxic chemicals
  • Welding accidents
  • Trench collapse accidents
  • Defective or improperly erected scaffoldings
  • Crane accidents
  • Fires and explosions
  • Accidents caused by falling objects
  • Heavy equipment and vehicle accidents
If you or your loved ones have been injured in a construction site mishap, our experienced Louisville construction accident attorneys at the Bruce Law Group can answer your questions and explain your rights.  We offer a free consultation so call us today at (502) 489-8887 or contact us via email.