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If you're a construction worker, you've probably spent quite a bit of time sitting through OSHA training videos and other instructional videos designed to help you minimize your risk of injury or accident on the job site. However, in some cases, you may find yourself dealing with the aftermath of an accident caused not by a coworker, but the property's owner.
Read on to learn more about the process of seeking compensation for your injuries when you've been injured not as a result of your own negligence or your employer's dangerous working conditions, but because of a homeowner's actions.
What happens after you're injured by a homeowner?
While on-the-job injuries are generally covered by an employer's workers' compensation policy, there are some exceptions. Injuries that are caused by an employee's violation of workplace policies (for example, drinking or using drugs before one's shift) may be exempted from workers' compensation coverage, as may injuries that are attributable to a pre-existing condition.
When it comes to injuries caused by a homeowner's negligence or deliberate action (like turning on the breaker switch to an outlet being serviced or moving a ladder while the person using it isn't looking), the proper procedure can vary based on the laws of the state in which the injury took place and the provisions of the relevant insurance policies.
Some workers' compensation policies may cover such injuries, often later seeking indemnification from the homeowner's insurance policy; others may essentially cast you loose to file your own private lawsuit against the homeowner seeking personal injury damages.
Where should you begin?
Your first step should be to seek the advice of an experienced personal injury attorney in your state. This attorney will be able to review the relevant laws and regulations, as well as the provisions in any insurance policies that could potentially cover your injuries, to determine the various options available to you.
Your attorney can then set out each of these options to help you make the right choice, whether this means working with your employer to ensure its workers' compensation insurance covers your costs or filing a civil lawsuit against the homeowner to seek punitive and compensatory damages. Settling with the homeowner (or your employer) without seeking legal advice first could mean leaving money on the table—or worse, signing you up for a future of physical pain and diminished earning capacity without the compensation to which you're entitled.
To learn more about your legal options, contact services like Shaevitz Shaevitz & Kotzamanis.
Share24 July 2017
