Construction is vital work. It leads to crucial infrastructure, homes, and businesses, which in turn produce vibrant and thriving economies. However, the construction industry can be dangerous. As a construction worker, you put your safety on the line each and every day. When everyone is well trained, mindful of their surroundings, and cautious, you head home safe and sound. But when someone is underqualified for the work, careless, or reckless, you may suffer the consequences. Construction accidents can lead to serious injuries and fatalities. Wisconsin lost 10 lives in construction accidents in 2015, which was 10 percent of all occupational fatalities. If you were injured in a construction accident or you lost a loved one, contact the Wisconsin construction accident lawyers of Studinski Law, LLC.
With offices in Plover and Marshfield, Studinski Law, LLC serves injured construction employees throughout Wisconsin, including Wisconsin Rapids, Stevens Point, and Waupaca. Call (715) 343-2850 to schedule a free, no risk consult with our work injury attorneys.
Types of Construction Accidents
When you work on construction sites day in and day out, there are certain accidents you and other workers are most at risk for. Some of the most common types of construction accidents that lead to minor, moderate, and serious injuries include:
- Slip and falls due to debris, clutter, or spills
- Falls from heights or scaffolding
- Vehicle and machinery accidents
- Back-up vehicle and equipment accidents
- Falling debris or other objects
- Trench, scaffolding, or another structure collapses
- Being pinned between vehicles and/or objects
Wisconsin Workers’ Compensation
Under Wisconsin law, almost all employers are required to purchase workers’ compensation insurance for you and your fellow employees. This insurance coverage should begin the day you start work. There are only a few exceptions to this rule. You may not have workers’ comp coverage if you work for an exceedingly small business, work on a farm, are a domestic servant, volunteer, or are a qualified religious group member.
To determine whether you are have workers’ compensation coverage after a construction accident, speak with a member of your employer’s management team or human resources. This gives you the opportunity to notify your company of your injury and determine how to obtain workers’ compensation benefits. If you are told you are not covered by workers’ compensation insurance yet you do not fall into one of the legal exceptions, contact our workers’ compensation attorneys at Studinski Law, LLC right away. When an employer fails to provide workers’ comp as required by law, you may have to obtain compensation for your injuries another way.
Beginning a Workers’ Compensation Claim
To begin your workers’ compensation claim, you simply need to inform your employer of the accident and your injuries. While you technically have two years to file a claim for benefits, it is best to inform your supervisor or another member of management within 30 days of the accident or your diagnosis.
Once you tell your employer, it is their responsibility to inform the workers’ compensation insurance provider of your claim. If your employer does not move forward with your claim or the insurance provider denies you all or some benefits you believe you are entitled to, contact us immediately. When you are being denied workers’ compensation after a construction accident, it is best to address the issue as soon as possible. You may need a great deal of medical care and be off work for weeks or months. Without workers’ comp benefits, the medical bills will add up quickly, while you already have less income to meet your normal expenses.
When you receive workers’ compensation benefits, you cannot sue your employer for additional compensation. This is the tradeoff for workers’ comp. You receive medical care, lost wage benefits, and other financial assistance no matter how the accident occurred, whether you were careless or another worker was negligent. Workers’ compensation does not delve into fault. It is simply there to provide you with the help you need.
However, receiving workers’ compensation does not bar you from filing a personal injury lawsuit against another negligent person if that individual is not a coworker. If a third party from outside of your company caused the accident, you may have the right to hold them responsible and pursue compensation for your:
- Medical expenses
- Wage loss
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of earning capacity
- Loss of society and companionship
In regard to construction accidents, third parties can be independent contractors, workers from other companies on the same site, a vendor that came onto the site for a delivery, or a pedestrian who interfered with the site. If someone from outside of your work is the full or partial cause of your injuries, call us right away. We will investigate and determine whether you may file a personal injury insurance claim or lawsuit against another individual or business.
A Wrongful Death Claim Following a Construction Accident
If you lost a loved one in a construction accident, you may be entitled to benefits based on their workers’ compensation insurance. You should speak with your spouse’s or parent’s employer to file a claim. You may be able to receive:
- Medical costs
- Burial and funeral expenses
- Wage benefits
The amount of compensation you may be able to receive will depend on your relationship to the decedent. If you were the decedent’s spouse and you had no children together, then you receive all of the benefits. If you have minor children or adult disabled children, then your kids will also receive benefits. If you are any other relation, you will not receive benefits in addition to the spouse and children. However, if your loved one was not married and did not have kids, then as a parent you can receive some benefits.
If your loved one’s death was the result of a third-parties negligence, then you may also have the right to file a wrongful death claim against this other party.
Contact Our Wisconsin Construction Accident Lawyer Today
After a construction accident that leaves you suffering from physical, emotional, and financial injuries, you deserve to have help. At Studinski Law, LLC, we understand that your focus right now should be on getting better, spending time with your loved ones, and getting back to work, whether that is in the construction industry again or a new opportunity. We want to ensure you receive the compensation you are entitled to under the law, either through workers’ compensation benefits or a personal injury claim.
We serve clients in Wood County, Portage County, Waupaca County, Marathon County, and surrounding areas.
Call us today at (715) 343-2850 to talk with us about your rights and options after a construction accident.