• Obtaining Compensation After a Construction Accident
  • January 18, 2018
  • More than six million people report to work on construction sites every day. Construction workers face numerous hazards on the job. Scaffolding, ladders, electricity, and heavy machinery pose a greater risk than the average desk job. In fact, the fatal injury rate for the construction industry is higher than the national average for nearly any other profession.

    Construction workers who get hurt on the job face debilitating injuries, medical expenses, as well as lost wages if they are unable to work. Workers’ Compensation exists to support injured workers financially, yet it only covers portion of a worker’s average weekly wages and medical benefits. To obtain compensation for remaining wages and other damages in Delaware, construction accident victims may be eligible to pursue a third-party liability claim.

    The Wilmington construction accident lawyers at Rhoades & Morrow have extensive experience helping injured workers recover the compensation they need. Below is some important information regarding the process for claiming compensation after a construction accident injury.

    Document the Injury
    To recover compensation, it is critical to carefully document the details of the accident and resulting injury. After calling emergency services, record the details of your incident and photograph the scene. If you are physically unable to do so, ask a trusted coworker to help. Complete an accident report and submit it to your employer’s Human Resources manager. Make a copy for yourself. Complete your Workers’ Compensation forms.

    After a work accident, it is smart to enlist the help of an experienced Wilmington work injury lawyer. They can direct you through the complex process and advise you on the best legal course of action available.

    Workers’ Compensation
    The Delaware Legislature created the Workers’ Compensation system to provide benefits for workers who are injured on the job, or are diagnosed with an occupational illness. Workers’ Compensation covers medical expenses, temporary disability payments, and compensation for a permanent disability. If a construction worker dies on the job, benefits are generally paid to their family.

    It is illegal for employers to retaliate against workers who pursue Workers’ Compensation benefits. That means injured workers cannot be disciplined, demoted, or terminated for filing a Workers’ Compensation claim. Workers who are denied benefits have two years to file an appeal with the Office of Workers’ Compensation.

    Third-Party Liability
    Under Workers’ Compensation law, workers seeking compensation for a work injury are generally prohibited from suing their employer. However, injured workers may be able to file a third-party claim against a negligent person or business that caused their accident. Construction workers injured by uneven pavement, exposed wires, or toxic fumes may have valid third-party liability claims. Compensation for third-party claims are rewarded in addition to Workers’ Compensation benefits.

    Wilmington Work Injury Lawyers at Rhoades & Morrow Oversee Successful Third-Party Claims for Injured Workers
    The experienced Wilmington work injury lawyers at Rhoades & Morrow assist workers in filing a claim for compensation after a construction accident. We can help determine if you are eligible for Workers’ Compensation, third-party liability compensation, or both.

    We successfully pursue personal injury and work accident cases throughout Delaware including New Castle County, Kent County, Sussex County, and the towns of Wilmington, Bear, Milford, Hockessin, Newark, Glasgow, Middletown, Smyrna, Dover, Lewes, Georgetown, and Seaford. To schedule a free consultation, call 302-427-9500 or submit an online contact form.