Construction workers are some of the most vulnerable employees. Poor worksite health and safety standards for heavy machinery and hazardous materials create a dangerous environment.
Construction accidents can lead to severe injuries. In such cases, the injured worker may not deem the compensation benefits enough to cover expenses and losses. Workers can also look into filing a personal injury claim as a way for them to recover damages, as long as their case is eligible.
When considering a personal injury claim for a construction accident, remember the “exclusive remedy rule,” which generally prohibits lawsuits against employers.
Compensation for a workplace injury can only be sought through workers’ compensation. However, there are exceptions to the rule.
Workers’ compensation vs. personal injury claim
A personal injury claim covers a broader range of damages compared to benefits available under workers’ compensation.
Florida workers’ compensation benefits typically only encompass:
- Medical expenses
- Wage loss
- Rehabilitation treatment
- Death benefits
On the other hand, personal injury damages can also cover:
- Pain and suffering
- Mental and emotional distress
- Travel expenses
- Household assistance
Proving fault in a personal injury claim makes recovering damages more difficult. However, receiving compensation for non-economic injuries can make it worthwhile and help recovery.
Personal injury claim eligibility
You may file a personal injury claim for a work-related injury under specific circumstances, which include:
- Intentional harm by an employer: If the employer deliberately harmed the injured worker
- Third-party liability: If someone outside the company, such as a manufacturer or subcontractor, contributed to the injury
- Lack of insurance: If the employer does not provide workers’ compensation benefits
By working with a workers’ compensation attorney to maximize your claim, you can avoid inadvertently shouldering expenses related to your injury. Recovering from your injury can bring a financial strain that can affect your family’s security. Protecting your rights as a worker helps protect your family’s future.