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Understanding Your Rights as a Injured Construction Worker: Workers’ Comp Benefits Explained

Read­ing Time: 4 min­utes

Last Updat­ed on May 24, 2023 

If you’re a con­struc­tion work­er who has been injured on the job, work­ers’ comp ben­e­fits can pro­vide crit­i­cal sup­port for your recov­ery. How­ev­er, it’s impor­tant to under­stand your rights and eli­gi­bil­i­ty for these ben­e­fits, and to take action if your claim is denied. As a work­ers’ comp lawyer, I’m here to help. Con­tact me at 844–682‑0999 for a free con­sul­ta­tion to dis­cuss your case and explore your options.

Workers’ Comp Benefits: What Construction Workers Need to Know

Con­struc­tion work­ers face numer­ous haz­ards on the job site every day, from slips, trips, and falls to expo­sure to haz­ardous mate­ri­als and heavy machin­ery. In the event of an acci­dent, work­ers’ com­pen­sa­tion ben­e­fits can pro­vide crit­i­cal finan­cial sup­port to cov­er med­ical expens­es and lost wages.

As a work­ers’ comp lawyer, I’ve seen first­hand how impor­tant it is for con­struc­tion work­ers to under­stand their rights and eli­gi­bil­i­ty for work­ers’ comp ben­e­fits. In this arti­cle, I’ll pro­vide an overview of work­ers’ comp ben­e­fits for con­struc­tion work­ers, includ­ing what they cov­er, how to file a claim, and what to do if your claim is denied. 

Understanding Workers’ Comp Benefits in Construction

Work­ers’ com­pen­sa­tion is a form of insur­ance that pro­vides ben­e­fits to employ­ees who are injured on the job, regard­less of fault. In con­struc­tion, where the risk of injury is high, work­ers’ comp ben­e­fits are espe­cial­ly impor­tant. These ben­e­fits can cov­er a range of expens­es, includ­ing med­ical bills, lost wages, and voca­tion­al rehabilitation.

One key aspect of work­ers’ comp for con­struc­tion work­ers is that it cov­ers both acci­dents and occu­pa­tion­al ill­ness­es. For exam­ple, if a con­struc­tion work­er devel­ops a res­pi­ra­to­ry con­di­tion from expo­sure to asbestos, they may be eli­gi­ble for work­ers’ comp ben­e­fits. Addi­tion­al­ly, work­ers’ comp ben­e­fits may be avail­able in cas­es of repet­i­tive strain injuries or hear­ing loss caused by pro­longed expo­sure to loud noises.

To be eli­gi­ble for work­ers’ comp ben­e­fits, con­struc­tion work­ers gen­er­al­ly need to meet three criteria:

  • They must be an employ­ee (not an inde­pen­dent contractor)
  • The injury or ill­ness must be work-related
  • The injury or ill­ness must have occurred with­in the scope of employment

What Workers’ Comp Benefits Cover

Work­ers’ comp ben­e­fits can cov­er a range of expens­es relat­ed to a work-relat­ed injury or ill­ness. Here are some of the most com­mon ben­e­fits that may be avail­able to con­struc­tion workers:

  • Med­ical expens­es: This can include doc­tor vis­its, hos­pi­tal­iza­tion, surgery, pre­scrip­tion med­ica­tions, and oth­er nec­es­sary med­ical treatments.
  • Lost wages: If a con­struc­tion work­er is unable to work due to their injury or ill­ness, work­ers’ comp ben­e­fits can pro­vide a per­cent­age of their lost wages. The per­cent­age varies by state and may be sub­ject to a week­ly maximum.
  • Voca­tion­al reha­bil­i­ta­tion: In cas­es where an injury or ill­ness pre­vents a con­struc­tion work­er from return­ing to their pre­vi­ous job, work­ers’ comp ben­e­fits may cov­er voca­tion­al reha­bil­i­ta­tion to help them train for a new career.
  • Dis­abil­i­ty ben­e­fits: If a con­struc­tion worker’s injury or ill­ness results in a per­ma­nent dis­abil­i­ty, work­ers’ comp ben­e­fits may pro­vide ongo­ing sup­port. The amount of dis­abil­i­ty ben­e­fits depends on the sever­i­ty of the dis­abil­i­ty and the worker’s aver­age week­ly wage.
  • Death ben­e­fits: In trag­ic cas­es where a con­struc­tion work­er dies as a result of a work-relat­ed injury or ill­ness, work­ers’ comp ben­e­fits may pro­vide sup­port to their depen­dents, includ­ing funer­al expens­es and ongo­ing finan­cial support.

Filing a Workers’ Comp Claim

If you’re a con­struc­tion work­er who has been injured on the job, it’s impor­tant to act quick­ly to file a work­ers’ comp claim. In most states, there is a time lim­it for fil­ing a claim, so it’s impor­tant not to delay. Here are the basic steps for fil­ing a work­ers’ comp claim:

  1. Noti­fy your employ­er: As soon as pos­si­ble after your injury or ill­ness, noti­fy your employ­er in writ­ing. Be sure to keep a copy of this noti­fi­ca­tion for your records.
  2. Seek med­ical atten­tion: Get med­ical treat­ment for your injury or ill­ness, and be sure to tell your health­care provider that it’s work-related.
  3. File a claim: Fill out the nec­es­sary paper­work to file a work­ers’ comp claim with your state’s work­ers’ com­pen­sa­tion agency. You may need to pro­vide med­ical records, proof of lost wages, and oth­er documentation.
  4. Wait for a deci­sion: The work­ers’ comp agency will review your claim and make a deci­sion on whether to approve or deny it. If approved, you’ll receive ben­e­fits based on the type and sever­i­ty of your injury or illness.

What to Do If Your Claim Is Denied

Unfor­tu­nate­ly, not all work­ers’ comp claims are approved. If your claim is denied, it’s impor­tant to take action to pro­tect your rights. Here are some steps you can take if your claim is denied:

  1. Under­stand the rea­son for denial: The work­ers’ comp agency should pro­vide a rea­son for the denial of your claim. Make sure you under­stand this rea­son and gath­er any addi­tion­al infor­ma­tion that might sup­port your claim.
  2. Appeal the deci­sion: You have the right to appeal the deci­sion to deny your claim. This typ­i­cal­ly involves fil­ing a for­mal appeal with the work­ers’ comp agency and pre­sent­ing evi­dence to sup­port your claim.
  3. Get legal help: If your claim is denied, it may be help­ful to seek legal advice from a work­ers’ comp lawyer. A lawyer can help you under­stand your rights and options, and may be able to rep­re­sent you in court if necessary.

Top 5 Related Topics:

  • Occu­pa­tion­al Safe­ty & Health Admin­is­tra­tion (OSHA) reg­u­la­tions for the con­struc­tion industry
  • Con­struc­tion site haz­ards and safe­ty measures
  • Types of work­place injuries and ill­ness­es in construction
  • Work­ers’ comp ben­e­fits for oth­er industries
  • Dis­abil­i­ty ben­e­fits and Social Secu­ri­ty Dis­abil­i­ty Insur­ance (SSDI)

More Questions ?

  • Work­ers’ comp ben­e­fits for con­struc­tion workers
  • Fil­ing a work­ers’ comp claim in construction
  • Denied work­ers’ comp claims for con­struc­tion workers
  • Occu­pa­tion­al ill­ness­es in the con­struc­tion industry
  • Dis­abil­i­ty ben­e­fits for con­struc­tion workers

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