Workers’ compensation is a type of no-fault insurance that provides benefits for people who have been injured on the job. Nearly all employers are required to carry workers’ compensation insurance.
Workers’ comp covers the hourly and salaried employees of a company. It does not cover independent contractors. Unfortunately, in the construction industry, one of the country’s most dangerous and deadly industries, many workers are classified as contractors and therefore not eligible for benefits.
There are several causes of construction accidents. When you are seriously injured in one caused by someone else, you may be entitled to seek compensation through a personal injury lawsuit. The best way to determine if this is an option for you is through a one-on-one consultation with a construction law attorney at McPhillips, Fitzgerald & Cullum LLP. During this free case evaluation, we can help you understand your options, rights, and the best direction for your claim.
Workers’ Comp vs. Personal Injury
Workers’ comp covers all medical expenses related to an injury. This insurance also covers travel expenses to and from appointments and ¾ of your weekly wages. Benefits continue until a doctor, who your employer has selected, decides it’s okay for you to return to work.
A personal injury claim is used to seek compensation for all current and future medical expenses. These claims also seek damages for lost wages, forced changes to your lifestyle, and personal pain and suffering.
Personal injury claims are not limited by your weekly wage or subject to the decisions of your employer-chosen doctor. Instead, they are used to seek maximum compensation for the victims of other peoples’ negligence.
When you file a workers’ compensation claim, you waive your right to seek damages through a personal injury suit. Before you move forward with either option, you should talk to a qualified attorney who can review your case and help you choose the best path forward.
Call McPhillips, Fitzgerald & Cullum at 518-792-1174 to schedule your complimentary case review today. We have offices in Glen Falls and Chestertown, New York, as well as Miami Shores, Florida. We serve victims of serious injury living throughout the country.