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Working in the construction industry comes with a known set of risks. However, when an employee gets injured, their employer owes it to them to ensure that they are taken care of while their injuries heal. Injured construction workers deserve the best medical care, wage replacement benefits, and, if the injuries are very severe, vocational training benefits to re-enter the workforce in another occupation, or permanent disability benefits. To receive these benefits, you will undoubtedly need to enlist the help of an experienced Cumming, Georgia attorney. Most employers and their insurance providers will make it very difficult to procure the benefits that you deserve. Even if you have witnesses who saw the accident take place and well-documented medical proof of your injury, receiving workers’ compensation benefits can be impossible without the assistance of an attorney.
Types of Workers’ Compensation for Injured Construction Workers
Workers’ compensation is regulated by Georgia state law to provide medical coverage, rehabilitation, vocational training, wage replacement, and benefits to the injured employees, or their dependents, in the event of a death. Workers’ compensation is no-fault coverage, meaning that it can be attained regardless of who was at fault, assuming that the accident was not caused by the employee on purpose, during the commission of a felony, or while the worker was intoxicated or had drugs in their system. All types of injuries and illnesses resulting from workplace accidents and exposure may be pursued by an injured or sick employee. The specific types of workers’ compensation available to injured construction workers include:
Permanent total and permanent partial disability may be lifetime benefits, while temporary benefits are only paid until you are able to return to work (up to 400 weeks if the injury occurred after 1992), and two-thirds of your original average weekly paycheck, or up to $575 maximum per week. Temporary benefits may also be paid if you can return to work but only at a lower paying position. These benefits max out at $383 per week, for a total period of 350 weeks. Death benefits may be awarded to the employee’s family if death occurs. A widowed spouse with children can receive two-thirds of their deceased spouse’s weekly average paycheck, or up to $575. A widowed spouse without children can only receive up to $230,000 in total, according to the State Board of Workers’ Compensation.
Actions that May Jeopardize Your Benefits
While it is a state law that employers that have three or more employees purchase workers’ compensation benefits, and that an employee is entitled to those benefits from the minute they begin working for that employee, some specific actions or behaviors may jeopardize your ability to receive benefits, according to the Georgia State Board of Workers’ Compensation. These actions include the following:
Structure Collapse and Other Catastrophic Engineering and Construction Failures
The goal of the Occupational Safety and Health Administration (OSHA) is to make work places safer for employees and to ensure that employers are not cutting corners or being careless when it comes to workplace safety. The Directorate of Construction of OSHA is entrusted to carry out enforcement inspections when catastrophic construction engineering errors occur. These inspections and ensuing enforcements are designed to, “help employers, workers, construction engineers, project managers, and regulatory bodies identify problems in construction design, project management, and management of field engineering changes.” These types of engineering and construction flaws often result in numerous fatalities and/or severe injuries for the workers on site. While your employer may be held financially responsible, or even criminally responsible in some very rare instances, you have the right to be compensated no matter who was at fault. Whether your injury was a result of a roof collapse, a wall toppling over, or a bridge failure, you and your family are entitled to seek workers’ compensation benefits for your injuries and lost wages.
Leading Causes and Types of Cumming Construction Workplace Accidents
Construction is one of the most dangerous types of occupations in Georgia and the U.S. as a whole. In fact, roofing is the single most dangerous occupation outside of the military, even more dangerous than logging or fishing. Construction workers in Georgia had a 2.7 out of 100 incident rate in 2015, according to the Bureau of Labor Statistics (BLS). This means that out of 100 full time Georgia workers who worked 50 weeks a year in 2015, the rate of work-caused injury or illness was 2.7, or, to put it more simply, 2.7 percent of Georgia construction workers were either injured or became sick from their work. This represented one of the highest injury rates across all of Georgia’s industries. Those most at risk for severe injury or illness are those who work in the following types of construction:
Some of the leading causes of injuries include the following:
The Georgia Workers’ Compensation Expert
At Spillers Law Firm, we never lose sight of our number one goal — to obtain maximum compensation for you. Whether your case requires litigation, negotiation or simply waiting for the best settlement offer, we know how to achieve the best possible results for you and your family.
These settlement amounts are more than just money. They are a means of regaining the peace of mind, safety and security that was taken from you when you were injured.
Our clients often express just how much they truly appreciate the genuine concern and compassion shown by our staff. They also appreciate our attorneys’ willingness to wait for a better settlement or for an opportunity to litigate. This means that he does not settle for the first offer that comes along. The goal is maximum compensation for our clients.
For a FREE personal injury or workers compensation case evaluation, contact Charles Spillers now.
"Just wanted to say thank you for all the work you did for me. I would have been lost without your help. I will send all of my friends and relatives to you."M.S.
"I highly recommend Charles, he represented me for my personal injury claim and got excellent results. The insurer offered only $6000.00, he tried my case and got a jury verdict of $327,000.00."L.T.