Your Legal Options After A Construction Site Injury in Virginia

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Workplace injuries are not uncommon in the United States, especially at construction sites. Construction workers are more prone to workplace injuries for obvious reasons. One second of irresponsibility can cost you your entire life, or you could lose your career. This is why, if you are a construction worker, you must be educated about your rights and legal options in case of an injury. 

The company or business you work for has a part to play for your safety. As you are their employee, it is their responsibility to keep you safe while at their workplace. If you were injured and you feel that your employer was at fault, you can file a case with the help of a construction workers lawyer in Virginia

Workers’ compensation claim

Workers’ compensation laws vary from state to state, but they have a few common grounds. Each employer in the United States is required to carry workers’ compensation insurance. If you were injured at your workplace, this insurance could pay your medical bills and other costs covered under it. If you were injured while doing a construction work activity, you are eligible for filing a compensation claim. 

A workers’ compensation is different from other claims. There is generally a “no-fault” system for these benefits. This means that you do not need to prove to your employer that your co-worker or anyone else was responsible for your injury. The only evidence you may need is- 

  • You have acquired injuries.
  • Your injuries were acquired in the course and scope of employment. 

Workers’ compensation is a savior at difficult times; however, the benefits have limitations. Workers’ comp only covers medical expenses, lost wages, and temporary or permanent disability. It does not cover various damages which can be recovered through a personal injury lawsuit. The expenses which are not covered by workers’ comp are as follows. 

  • Emotional trauma or mental distress.
  • Pain and suffering.
  • You may not receive compensation to cover your entire medical bills as you only receive a partial percentage of your previous earnings. 

Personal injury lawsuit

A personal injury lawsuit is usually filed when you believe another party is clearly responsible for your injuries. You may also opt for a civil lawsuit if you feel that workers’ compensation is not enough to cover your losses. 

In a personal injury lawsuit, you can obtain compensation for your medical bills, medications, future treatments, lost wages, loss of career, pain and suffering, and more directly from the at-fault person’s insurance company. However, unlike workers’ compensation, you will need to prove your claims and provide valuable evidence before the opposite party can be held liable for your injuries. 

However, remember that if you file for workers’ compensation after an injury, you automatically lose the right to sue your employer or company for your injuries.