Workers' Compensation Benefits for Construction Workers in Atlanta, Georgia

Mar 12, 2017

Workers' Compensation Benefits for Construction Workers in Atlanta, Georgia

There are hundreds of hazards on any construction site. There are dug up holes, dangerous tools and equipment lying around, weak ceilings, exposed wiring, flammable objects, glass pieces, and more such dangerous objects that are almost always present at a construction site. An active construction site is obviously extremely hazardous and risky to anyone that enters it, particularly the construction workers who work on these sites every day, doing dangerous jobs, and working with dangerous tools and equipment.

In Atlanta, Georgia construction workers are insured against any injury on the construction site by workers’ compensation insurance, which their employers are required to carry to provide benefits should anyone be injured. Various things could go wrong at a construction site. Flammable objects could lead to fires and explosions; falling objects or collapsing scaffolding could seriously injure someone; if big machinery, like bulldozers and cranes are not operated correctly, they could harm a nearby person. Unsafe procedures and working conditions, safety shortcuts, negligent management, and toxic fumes and substances can also cause injury.

There are several types of construction site injuries, which can range from mild to severe. Because of the significance of the hazards, the injuries that occur are quite often severe. Some common injuries suffered due to construction sites include burn injuries, head injuries, spinal injuries, and broken, fractured, or crushed bones.

What To Do When Someone Is Injured on a Construction Site in Atlanta, Georgia

If you or anyone else has been injured while working on a construction site, you must seek immediate medical attention for the injuries. After receiving the necessary medical care, notify your employer about the injury. Provide all of the details of how the injury occurred. This will usually initiate the process of your workers’ compensation claim. If your employer does not take it from here, you may have to take further steps to get your claim started.

If there were any witnesses to the accident,  obtain their contact information. This may help with your workers’ compensation claim. Get any evidence from the construction site, as well, by taking pictures of the site and the exact location where you were injured.

Determining the Actual Cause of Your Construction Site Injury

Atlanta, Georgia construction accidents can easily be prevented if the necessary safety codes are implemented. The two government agencies that set basic safety rules and regulations for construction sites are the Occupational Safety and Health Administration and the National Institute for Occupational Safety. However, some construction companies and property owners ignore or neglect these safety regulations; or they attempt to follow them, but do not implement them adequately, which often leads to dangerous accidents.

However, workers’ compensation is a no fault system, meaning that to receive workers’ compensation, you do not need to establish fault on the part of your employer or anyone else. Further, even though the accident may have been caused due to some fault of your own, some mistake that you made in safety or managing equipment, you will still receive workers’ compensation, provided that the injury was sustained in the scope of your job responsibilities.

Your workers’ compensation benefits will cover all medical expenses and rehabilitation, as well as providing you with disability wage benefits. Disability benefits are provided in case the injury results in some kind of total or partial disability. There are four kinds of disability benefits: temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits, and permanent total disability benefits.

Temporary total disability benefits are provided when your injury completely prevents you from working during your recovery period. Temporary partial disability benefits are provided when your injury allows you to work during the recovery period, but not at the same physical capacity as before the injury, such as a light duty position with medical restrictions.

Permanent partial disability benefits are provided if the injury permanently disables a part of your body, preventing you from returning to your former work, permanently, but not preventing you from doing other lighter duty jobs. These benefits are provided according to the percentage of your disability, which is determined by the American Medical Association Guidelines. Permanent total disability benefits are only awarded in special cases when the injury sustained permanently prevents the individual from working at any kind of job.

Because workers’ compensation is a no fault system, you typically cannot sue your employer or co-workers for negligence. However, it is possible to sue a third party, who is not a co-worker or an employer, for any negligence or recklessness on their part that might have led to your injury. For example, if your injury was caused by defective machinery, it is possible to sue the manufacturer in a personal injury lawsuit. Such claims are known as third-party liability claims, and they can be pursued at the same time as your workers’ compensation claim.

Filing a third party liability claim will not affect your workers’ compensation claim.  Both of your claims can be processes simultaneously and independently. Further, it is unlikely that the third party liability claim will end up in court, as it is likely to be settled before trial.

Workers’ Compensation Survivor Benefits After a Construction Worker is Killed

Construction sites are not the safest workplaces. Working around so many hazardous objects sometimes leads to accidental fatalities. If you are a dependent family member of the deceased employee in Atlanta, Georgia, then you are eligible to receive workers’ compensation in the form of survivor benefits. Generally, survivor benefits are 2/3 of the deceased employee’s average weekly wage before the accident, in addition to compensation for any medical expenses associated with attempts to save the person’s life after their injury.

The Workers’ Compensation Attorneys at Ted A. Greve & Associates Can Help

The injuries sustained from accidents on construction sites can be very severe and even fatal. Monetary compensation will not reduce the pain and suffering that you have gone through, but it will definitely reduce your financial burdens. If you have been injured or lost a loved one while working on an Atlanta, Georgia construction site, contact Ted A. Greve & Associates for a free consultation to learn more about your rights and options. Our dedicated workers’ compensation attorneys in Atlanta GA will make the process of filing for workers’ compensation much easier and will help you determine if you have a third party liability claim or appeal a decision.