Filing a claim after a construction injury

| Feb 13, 2015 | Workers' Compensation |

Residents of Louisiana who work in the construction industry may be interested in the laws regarding construction accidents and how to file a claim in the case of on-the-job injury. Injured workers have a choice of filing a workers’ compensation claim or a personal injury claim if the injury was caused by someone else. A workers’ compensation claim can be filed after any work-related injury no matter what the cause of the injury was.

Most employers are required by law to provide workers’ compensation insurance for their employees. If a worker files a workers’ compensation claim, they may not be able to file a personal injury claim if the injury was caused by someone else. Workers’ compensation can cover an injury that was not caused by anyone or that was the worker’s own fault.

A workers’ compensation claim can result in payments to help cover medical costs, lost wages and vocational rehabilitation. If a worker’s injury results in permanent disability, workers’ compensation may result in a monetary reward. Filing a workers’ compensation claim does not guarantee payment. Employers can fight workers’ compensation claims, and they sometimes win.

One of the most common defenses an employer can use against an employee is that they did not report the injury in a timely manner. An employee who has been injured could consult an attorney to advise them on issues such as this, and help them through the claims process. With guidance from an attorney, an employee might avoid common mistakes and increase the chance of a successful outcome. An attorney could explain the difference between workers’ compensation and a personal injury claim and help an injured worker to choose the best course of action.