Benefits Under Workers’ Compensation for an Injured Construction Worker

When a person is injured while working at a construction site, any resulting legal claim he or she files may be affected by workers' compensation laws, depending on the employment situation and the extent to which his or her employer is responsible.

Workers’ compensation is a system of laws that outlines specific benefits to which an injured employee is entitled. It works as an important safety net for construction workers when they are injured while on the job. A workers' compensation claim is not a lawsuit against an employer, rather a request for certain benefits.

Under workers' compensation program, an injured employee is entitled to the following:

Medical care: Under medical treatment compensation, an injured construction worker is entitled to reasonable necessary medical treatment to cure or relieve the effects of his or her injury. This may include medical bills, prescriptions and even hospital visits.

Temporary disability: If the construction injuries causes a worker to take time away from work due to medical reasons, he or she might be entitled to temporary disability payments. Temporary disability benefits provide partial compensation for lost wages, such as about two-thirds of average weekly gross pay. This benefit is to be paid out every two weeks.

Permanent disability: If the injuries are severe and the injured cannot completely recover from the effects of the injury, he or she could be entitled to a monetary award. The amount of benefits will depend on how much limitation the injury places on the activities of the injured. Other elements, such as age, occupation and earnings at the time of injury are also taken into consideration.

Vocational rehabilitation: If the injury prevents the injured to return to his or her former job, he or she must be given vocational training to help him or her get another job. During vocational rehabilitation, the injured may be entitled to a partial income from the employer.

Benefits Under Workers’ Compensation for an Injured Construction Worker

My uncle was injured in a construction site accident. Someone told us that he is entitled to benefits under workers’ compensation. What are the benefits covered under workers’ compensation?

Under workers' compensation program, an injured employee is entitled to the following:

Medical care: An injured is entitled to medical treatment to cure or relieve the effects of his or her injury. This may include medical bills, prescriptions and even hospital visits.

Temporary disability: If the injuries causes the worker to take time away from work due to medical reasons. Temporary disability benefits provide partial compensation for lost wages, such as about two-thirds of average weekly gross pay.

Permanent disability: If the injuries are severe and the injured cannot completely recover from the effects of the injury. The amount of benefits will depend on how much limitation the injury places on the activities of the injured.

Vocational rehabilitation: If the injury prevents the injured to return to his or her former job, he or she must be given vocational training to help him or her get another job. During vocational rehabilitation, the injured may be entitled to a partial income from the employer.

How can one avoid a car accident caused by fatigue driving?

To avoid a car accident caused by fatigue driving, do the following things:

·         Take a 20-minute nap before driving.

·         If you need to drive more than 2 hours, schedule breaks for naps and exercise.

·         Have some caffeine through coffee, tea or pop.

·         Eat an energy-providing snack such as coffee, fruit or a protein bar.

·         Avoid alcohol or medications that make you drowsy.

·         Avoid driving late at night or in the early hours of the morning.

Driver Fatigue- A Major Cause of Car Accident

When a driver is fatigued and behind the wheel, it can result in a serious car accident. Being overly tired may cause the driver to have trouble concentrating. This will cause him or her to pay less attention to the road conditions, as well as to other vehicles around. The driver’s lack of concentration can make him or her miss an upcoming hazard on the road. A fatigued driver will less likely notice a problem that an alert driver would. Not only that, the driver’s drowsiness will cause him or her to react slowly and, therefore, result in accident.

What are the Signs of Driver Fatigue?

·         Consistent yawning

·         Trouble keeping eyes open and constant blinking

·         Trouble concentrating on the road or wandering thoughts

·         Difficulty keeping head up

·         Not remembering the previous few minutes or miles of driving

·         Weaving between lanes or onto the shoulder

·         Feeling like falling asleep

What Factors Increases the Risk of a Car Accident Caused by Driver Fatigue?

·         Loss of sleep

·         Sedating medications

·         Alcohol consumption

·         Unrecognized or untreated sleep disorders

·         Driving between the hours of midnight and 6 a.m.

·         Mid-afternoon driving

·         Driving a significant number of hours every day

·         Driving for long time periods without a break

How to Avoid a Car Accident Caused by Fatigue Driving?

·         To avoid a car accident caused by fatigue driving, do the following things:

·         Take a 20-minute nap before driving

·         If you need to drive more than 2 hours, schedule breaks for naps and exercise

·         Have some caffeine through coffee, tea or pop

·         Eat an energy-providing snack such as coffee, fruit or a protein bar

·         Avoid alcohol or medications that make you drowsy

·         Avoid driving late at night or in the early hours of the morning

Driver Fatigue- A Major Cause of Car Accident

What factors increase the risk of car accident caused by driver fatigue?

The following factors may increase the risk of car accidents caused by driver fatigue:

·         Loss of sleep

·         Sedating medications

·         Alcohol consumption

·         Unrecognized or untreated sleep disorders

·         Driving between the hours of midnight and 6 a.m.

·         Mid-afternoon driving

·         Driving a significant number of hours every day

·         Driving for long periods without a break

How can I take effective photos at the car accident scene?

Here are some tips to help you take effective photos at the scene of a car accident:

·         Take multiple photos of the scene from different angles.

·         Take pictures of all vehicles involved in the accident. Make sure that you get the vehicles' relative positions and different angles of their proximity to other cars.

·         Take photos of any traffic lights, stop signs, yield signs and any other traffic indicators that are near the accident scene.

·         Take photos of the weather condition, such as clouds, rain or snow. These pictures can be used if the other driver blames the weather for playing a role in the crash.

·         Take photos of any damaged street signs, trees, guardrails or any other stationary objects damaged by the accident.

·         Take photos of any broken glasses, windows, scratches and any other damaged parts of the vehicles. Check inside the vehicle and get photos of any interior damages as well.

·         Take photos of license plates of all vehicles involved in the accident and the other drivers' insurance cards.

·         Take photos of any roadside debris, skid marks or any other signs of crash in surrounding areas.

·         Take photos of the other driver(s), any passengers, witnesses and police officers. This will help avoid any confusion in identifying the people involved in the accident.

·         Take photos of any injuries you sustained that are visually apparent.

Car Accident Scene Photography Tips

A car accident can be devastating and overwhelming. However, preserving as much evidence as possible is important. Photographs of the accident scene are effective evidence. They can support your legal claims and provide proof of fault and damages. Photographs can also help the claims adjuster or the court accurately determine the amount of damages. It is, therefore, important to take quality and appropriate photos of the accident scene. Here are some tips to help you take effective photos at the scene of a car accident:

·         Take multiple photos of the scene from different angles.

·         Take pictures of all vehicles involved in the accident. Make sure that you get the vehicles' relative positions and different angles of their proximity to other cars.

·         Take photos of any traffic lights, stop signs, yield signs and any other traffic indicators that are near the accident scene.

·         Take photos of the weather condition, such as clouds, rain or snow. These pictures can be used if the other driver blames the weather for playing a role in the crash.

·         Take photos of any damaged street signs, trees, guardrails or any other stationary objects damaged by the accident.

·         Take photos of any broken glasses, windows, scratches and any other damaged parts of the vehicles. Check inside the vehicle and get photos of any interior damages as well.

·         Take photos of license plates of all vehicles involved in the accident and the other drivers' insurance cards.

·         Take photos of any roadside debris, skid marks or any other signs of crash in surrounding areas.

·         Take photos of the other driver(s), any passengers, witnesses and police officers. This will help avoid any confusion in identifying the people involved in the accident.

·         Take photos of any injuries you sustained that are visually apparent.

Car Accident Scene Photography Tips

I am aware that evidence plays an important role in car accident claims and photographs are important evidence. How can one take effective photos at the car accident scene?

Here are some tips to help you take effective photos at the scene of a car accident:

·         Take multiple photos of the scene from different angles.

·         Take pictures of all vehicles involved in the accident. Make sure that you get the vehicles' relative positions and different angles of their proximity to other cars.

·         Take photos of any traffic lights, stop signs, yield signs and any other traffic indicators that are near the accident scene.

·         Take photos of the weather condition, such as clouds, rain or snow. These pictures can be used if the other driver blames the weather for playing a role in the crash.

·         Take photos of any damaged street signs, trees, guardrails or any other stationary objects damaged by the accident.

·         Take photos of any broken glasses, windows, scratches and any other damaged parts of the vehicles. Check inside the vehicle and get photos of any interior damages as well.

·         Take photos of license plates of all vehicles involved in the accident and the other drivers' insurance cards.

·         Take photos of any roadside debris, skid marks or any other signs of crash in surrounding areas.

·         Take photos of the other driver(s), any passengers, witnesses and police officers. This will help avoid any confusion in identifying the people involved in the accident.

·         Take photos of any injuries you sustained that are visually apparent.

What are the most common types of motor vehicle accident injuries?

The most common types of motor vehicle accident injuries are:

·         Head injuries

·         Spinal cord injuries

·         Herniated disks

·         Neck injuries

·         Chest injuries such as injuries to the arms, legs, and hands, broken bones, ligament damage such as a torn ACL and even severed limbs.

Common Types of Motor Vehicle Accident Injuries

Motor vehicle accidents are a leading cause of accident related injuries in the United States. While these injuries can vary from person to person and from crash to crash, there are some fairly common ones. The following provides a general overview of the most common types of motor vehicle accident injuries:

Head injuries: These are one of the most serious motor vehicle accident injuries. Drivers and passengers can strike their heads against steering wheels, dashboards or windows, which can cause traumatic brain injuries, ranging from mild concussions to comas and lasting cognitive problems. These types of injuries can also lead to skull fractures, hearing loss and vision problems.

Spinal cord injuries: Any damage to the spinal cord can cause significant nerve damage. Serious forms of spinal damage can leave patients permanently paralyzed for their entire lives.

Herniated disks: Herniated disks are less severe than spinal or head injuries, but can still cause significant problems to victims. Injured victims often have to experience numb or tingling sensations, muscle weakness and arm or leg pain.

Neck injuries: The most well-known motor vehicle accident related injuries are whiplash injuries. Sudden movements of head and neck cause serious neck muscles and ligaments damage.

Chest injuries: Many motor vehicle accident victims suffer injuries in the chest area. Blunt force can cause broken ribs and collapsed lungs. People, especially those with heart problems, can go into traumatic cardiac arrest from such accidents. Internal bleeding in the chest area is also common.

Other injuries: Other injuries may include injuries to the arms, legs and hands. Broken bones, ligament damage such as a torn ACL and even severed limbs are also other types of common motor vehicle accident injuries.

Common Types of Motor Vehicle Accident Injuries

Motor vehicle accidents are very  common these days. In the event of such accidents, what are the most common types of injuries that people sustain?

The most common types of motor vehicle accident injuries people sustain may include:

·         Head injuries

·         Spinal cord injuries

·         Herniated disks

·         Neck injuries

·         Chest injuries such as injuries to the arms, legs and hands, broken bones, ligament damage such as a torn ACL and even severed limbs.

Top 4 Tips for Choosing the Right Car Accident Lawyer

Car accidents can have severe consequences. Meeting the mounting medical bills and dealing with the insurance company can be even more overwhelming. If you have been injured in a car accident, it is in your best interest to hire an experienced car accident lawyer at the earliest. Your car accident lawyer will help protect your rights and help you receive your rightful compensation.

Choosing the right car accident lawyer is not an easy task. Here are some tips on how to make the right choice in choosing a car accident lawyer:

Referrals: Ask your friends and family if they know of any experienced and reliable lawyer or if they have worked with any car accident lawyer in the past whom they can recommend.

Experience: An experienced car accident lawyer will know the ins and outs of the law. He or she will also have the knowledge on how to handle the insurance company and help settle your car accident case successfully. 

Communication: Communication is very important.  A car accident lawyer who communicates well will inform you of your rights as per the law. He or she will not hesitate to keep you updated about your case and inform you of the potential outcome of your case.

Background Check: Make a point to do a background check of the lawyer you intend to hire. Check his or her credentials and accredits.  Check on the kind of cases he or she has handled in the past and the cases won. 

If you or a loved one has been injured in a car accident, an experienced and knowledgeable car accident lawyers can help you make a successful claim or take your case to court if needed.

Choosing the Right Car Accident Lawyer

My brother was seriously injured in a car accident. He has been hospitalized for the past two months. We want to hire a lawyer who can help us make an injury claim. Please advise.

You need a lawyer who specializes in car accident cases. Here are some tips to choose the right car accident lawyer:

Referrals: Ask your friends and family if they know of any experienced and reliable lawyer or if they have worked with any car accident lawyer in the past whom they can recommend.

Experience: An experienced car accident lawyer will know the ins and outs of the law. He or she will also have the knowledge on how to handle the insurance company and help settle your car accident case successfully.

Communication: Communication is very important.  A car accident lawyer who communicates well will inform you of your rights as per the law. He or she will not hesitate to keep you updated about your case and inform you of the potential outcome of your case.

Background Check: Make a point to do a background check of the lawyer you intend to hire. Check his or her credentials and accredits.  Check on the kind of cases he or she has handled in the past and the cases won. 

What are some common mistakes that cause construction site falling object accidents?

There are a number of possible mistakes that cause construction site falling debris injuries. Below are some of them:

·         Insufficient barricades

·         Insufficient signage

·         Failure to inspect equipment

·         Failure to secure tools and equipment

Liability for Construction Site Injuries Caused by Falling Objects

Construction sites are dangerous due to the very nature of the work undertaken there. When construction activities are carried out in the middle of cities, with little separating them from the lives of pedestrians on the surrounding sidewalks, they cause a serious threat to pedestrians. They can cause injuries to pedestrians walking by the construction sites. Many of these accidents are caused by the negligence of the construction companies.

A number of possible mistakes can lead to falling debris injuries at construction sites. Below are some of them:

·         Insufficient barricades

·         Insufficient signage

·         Failure to inspect equipment

·         Failure to secure tools and equipment

Liability

Pedestrians injured due to construction site falling objects may be able to sue the construction companies for their injuries. In order to win such a lawsuit, they must prove the following three elements:

·         that the defendant had a duty to keep a construction site safe

·         that the defendant breached that duty

·         that the breach caused harm

Proving negligence of the construction company is very important in ensuring a successful injury claim.

Liability for Construction Site Injuries Caused by Falling Objects

My father was seriously injured by a falling object while he was walking past  a construction site. Who can we sue for his injuries?

You may be able to sue the construction company for the injuries resulting from falling debris. In order to win a lawsuit for harm caused by construction site falling objects, you must prove the following three elements:

·         that the defendant had a duty to keep a construction site safe

·         that the defendant breached that duty

·         that the breach caused harm

What are the types of physical and non-physical evidence you can produce in a personal injury claim?

Physical Evidence

This is a type of evidence that is tangible, and can be seen physically. It can be impactful because it allows the jury to actually see and observe what happened.

·         Tangible evidence like wrecked vehicles and a recovery scar are examples of physical evidence that the jury can observe to gain a sensory impression of the incident and its effects.

·         Photographs of the immediate scene of your injury, your initial injuries and your medical operations can help provide the jury with an idea of what happened and how you were affected.

Non- Physical Evidence

Non-physical evidence is a type of evidence that is factual or testimonial in nature and presented as information or testimony to the jury.

·         The police report from an accident or injury is the accepted factual, official and unbiased report about what transpired that day. It can be used particularly in cases where the defendant was issued a ticket or violation.

·         Witness testimony may help validate your claim. It is important that you obtain the witness’s contact information and statement as soon as possible after the incident.

·         Medical records of your diagnoses and treatments are essential for proving the value of your injuries or the damage done to your person. These can be used to show the jury what amounts are appropriate by way of damages.

Types of Evidence in a Personal Injury Claim

Evidence plays an important role in ensuring a strong and successful personal injury claim. Evidence in a personal injury claim can be classified into physical evidence and non-physical evidence. Evidence will not only help you prove fault, but also show the extent of your financial loss and help to solidify your damages.

Physical Evidence

This is a type of evidence that is tangible and can be seen physically. This type of evidence can be impactful because it allows the jury to actually see and observe what happened.

Tangible evidence like wrecked vehicles and a recovery scar are examples of  physical evidence that the jury can observe to gain a sensory impression of the incident and its effects.

Photographs of the immediate scene of your injury, your initial injuries and your medical operations can help provide the jury with an idea of what happened and how you were affected.

Non- Physical Evidence

Non-physical evidence is a type of evidence that is factual or testimonial in nature and presented as information or testimony to the jury.

The police report from an accident or injury is the accepted factual, official and unbiased report about what transpired that day. It can be used particularly in cases where the defendant was issued a ticket or violation.

Witness testimony may help validate your claim. It is important that you obtain the witness’s contact information and statement as soon as possible after the incident.

Medical records of your diagnoses and treatments are essential for proving the value of your  injuries or the damage done to your person. These can be used to show the jury what amounts are appropriate by way of damages.

Types of Evidence in a Personal Injury Claim

I am going to file a personal injury case. What type of evidence is required to file a successful personal injury claim?

Evidence plays an important role in ensuring a strong and successful personal injury claim. Evidence in a personal injury claim can be classified into physical evidence and non-physical evidence.

Physical evidence may include photographs of the accident scene and your injuries, and photographs of the wrecked vehicles or a recovery scar.

Non-physical evidence may include a police report, medical records and witness testimonies.

Who is liable for motor vehicle accidents involving negligent Uber drivers?

The following parties could be held liable in a motor vehicle accident involving negligent Uber drivers:

·         The Uber driver

·         Uber – the company

·         The insurance company

Who Is Responsible in an Uber Car Accident

Uber and Lyft have been growing in these past few years and giving taxicab companies a run for their money. With the increase in their popularity, there has also been a corresponding increase in the number of accidents they meet with. Uber car accident cases can be extremely complex, as several individuals, companies and insurance companies are involved. If you have been injured in a car accident involving an Uber car, an experienced Uber accident attorney can help file claims against all necessary parties on your behalf, and help you get compensation for the injuries and damages incurred.

Responsible Parties

In cases of motor vehicle accidents involving negligent Uber drivers, the following parties can be held responsible for the damages incurred:

·         The Uber driver

·         Uber – the company

·         The insurance company

Unfortunately, most of the time these entities attempt to have an injured plaintiff sign an agreement that limits settlement and/or prohibits the injured plaintiff from taking further legal action. It is highly advisable that an injured plaintiff does not sign such an agreement and that, if needed, he or she discusses the matter with the attorney in question.   

Uber’s direct liability terms have the following limits:

·         50/100/25 of contingent coverage by Uber in-between fare. This is applicable if the personal automobile insurance policy refuses to pay or pays nothing.

·         $1 million of uninsured/underinsured motorist benefits. This coverage is for the passengers.

·         $1 million of liability coverage per accident.

If you or a loved one is injured in an Uber accident, contacting an Uber accident attorney is imperative. He or she will help you file claims for your compensation and help you throughout the process.

Who Is Responsible in an Uber Car Accident?

I take an Uber ride to my office every day. With the increase in the number of accidents taking place, it would be nice to know the Uber direct liability terms so that I am up to speed on them.

Uber’s direct liability terms have the following limits:

·         50/100/25 of contingent coverage by Uber in-between fare. This is applicable if the personal automobile insurance policy refuses to pay or pays nothing.

·         $1 million of uninsured/underinsured motorist benefits. This coverage is for the passengers.

·         $1 million of liability coverage per accident.

What are the common injuries among construction workers?

Some of the most common injuries that affect construction workers include head injuries, back injuries, bone injuries, limb amputations, burns and scarring, cuts and lacerations, heat stroke, loss of vision and hearing loss.

Common Injuries among Construction Workers

A construction site is a dangerous place to work in because the work it involves is very physical. It poses a serious risk of accidents and injuries.  These can be caused by equipment failures, falls, falling objects and other unsafe conditions present at the construction site. Here are some of the most common injuries that affect construction workers:

Head injuries

Heavy and sharp tools, or objects that fall from significant heights, can cause serious head injuries and trauma. Structural collapses can also cause severe head injuries.

Back injuries

Falls from ladders, scaffolds or heights can cause back injuries. These types of injuries can have life-changing effects on workers. They can lead to disabilities like spinal cord damage, resulting in partial or complete paralysis.

Bone injuries

Bone injuries are very common at construction sites because of the heavy machinery and equipment used at construction sites. Bone injuries can also result from being caught in between heavy machinery.

Burns and scarring

Harsh chemicals, flammable liquids, exposed wires, explosives, etc. can cause serious burn injuries. Burns can also result from a fire outbreak, electrocution or explosions. Burn injuries can lead to permanent disfigurement.

Loss of vision

Flying projectiles, extreme light and chemical exposure can cause loss of vision. Workers engaged in welding, grinding or working with toxic gases and chemicals are at higher risk of losing their vision.

Hearing Loss

Loud sounds from heavy machines and equipment can damage the eardrum. This can result in immediate or gradual hearing loss.

Cuts and lacerations

Defective tools, malfunctioning equipment, unsecured machinery, exposed nails, and other on-site hazards can cause cuts and lacerations.

Heat stroke

Workers who labor in hot weather or are exposed to the sun for a long period of time can suffer heat stroke. Heat stroke can lead to heart, brain or kidney failure.

Construction Site Injuries

My son will soon be taking up a job at a construction site. I am concerned about his safety because I keep reading of so many construction accidents taking place in the United States. What kinds of injuries are common at construction sites?

Some of the most common injuries affecting construction workers include head injuries, back injuries, bone injuries, limb amputations, burns and scarring, cuts and lacerations, heat stroke, loss of vision and hearing loss.

What affects the timing of a personal injury settlement?

The following factors affect the timing of a personal injury settlement include:

·         Nature of the case

·         Complexity of the case

·         Jurisdiction of the case

·         Medical evaluation

·         The insurance company that handles the case

·         Liability

·         The personal injury lawyer

Timing of a Personal Injury Settlement

One of the most common questions asked by victims of personal injury accidents is, “How long will it take to resolve my claim?” Every personal injury case is different, and each case can take different amounts of time because of a number of important factors including:

Nature of the case

Standard cases, like vehicle accident cases, get resolved faster than other types of cases. Cases with complex factual or legal issues, such as medical malpractice or premises liability,  may take a longer time to settle.

Complexity of the case

When important aspects of a case are in question, like the issue of liability and damages, it may require more time to process.

Jurisdiction of the case

Different jurisdictions may take different amounts of time to resolve cases. A jurisdiction that has a long list of cases for trial may take a longer time to resolve a case than a jurisdiction with fewer cases.

Medical evaluation

A personal injury attorney usually waits for all of the medical expenses and other damage reports to come in before settling the case. This may take longer if the extent of the injury is not known.

Insurance company that handles the case

The insurance company handling the claim can have a significant impact on how long a case may take to be resolved. Some have policies in place to resolve claims within a certain time period, while others take a long time to evaluate and resolve.

Liability

When there is a dispute, the case may proceed to court in order to determine which party was at fault. If there is no dispute over liability, a case is settled quicker.

The personal injury lawyer

Every personal injury lawyer is different and may take different amounts of time to handle cases. Some delegate tasks to multiple people, while others handle the investigations, pleadings and negotiations on their own. Some attorneys take more time to settle a case because they handle many cases at the same time.