What exactly is the responsibility of a Construction accident law firm?

Posted by Smithpatrick on April 6th, 2021

Over the years, the construction industry has witnessed workers who have been grievously injured or even killed in the wake of untoward incidents.  Because of this, the construction industry gets identified as being one of the most hazardous enterprises. A construction accident law firm assists victims of construction workplace accidents.

So how can the injured employee file for a compensation claim?. 

  1. Within 30 days from the time the accident occurs, which leads to injuries from severe to life-threatening injuries, it needs to get reported to the employer. Being injured on the job site means that the worker's compensation claim will cover you while also prohibiting you from claiming for damages outside the company's compensation claim unless there are specific conditions that apply

  2. It is essential that the employee attends all the medical appointment covered in the  compensation claim; otherwise, the insurance company can use this a proof against the employee as not being severely injured

  3. In case any dispute arises between employee and employer and the employer's insurance provider, you should have a detailed record of your injuries, along with medical procedures you have undergone, even copies of forms you get asked to fill up  

However, there could be instances when the employee could be ineligible to avail of the compensation claim if the worker suffered injuries because of their careless behavior, for example, being under the influence of alcohol while on the job. While the person or business against whom a claim gets filed could even proclaim that you are too responsible for the accident.

What benefits are the construction workers entitled under the compensation claim?

a.) Medical benefits:  covers cost of all medical care and treatment for all work-related injuries

b.) Income benefits: Divided into four subcategories. Each one of them has its requirements and conditions 

Temporary income benefits:   applies to work-related injury that prevents you from joining back work for more than seven days or even leads to lost wages of another job because of this injury. Simultaneously, the total amount of benefits you are supposed to get paid is about 70% of the difference between what you were earning before you were injured and capable of earning now.

Impairment income benefits: these benefits are provided depending on the extent of injuries. At the same time, the health care provider will assess whether you have reached maximum medical improvement. Besides that, an impairment rating will also be done based on the extent of physical damage on your body which will coincide with a certain amount of benefits that you are supposed to be getting along with the duration for which these benefits will be given to you.

Supplemental Income benefits:  here, you will be able to get quarterly benefits payment when a.) you have an impairment rating of 15% or more  b.)when you have not joined back work, or you earn less than 80% of your pre-impairment wages, c.)If you have complied with TDI-  DWC work-search requirements and: d.) you did not take your impairment benefits in a lump sum. As when you qualify for this benefit, you are supposed to receive a roughly 80% difference between what you were earning now and what you were earning pre-impairment. Dallas injury attorneys can assist you in getting your income benefits in case of a construction accident.

Lifetime Income benefits: these are payments of about 75% of the average weekly wages you made throughout your life before your injury. To be able to qualify for this benefit, you must suffer from permanent damage which could be loss of an appendage(like an arm, leg, eye, etc.), loss of function of an internal organ, or it could be a permanent disfigurement 

Death benefits & Burial benefits: this applies to surviving spouse or dependant(s). You may submit a beneficiary claim for death benefits  (DWC form-042) to start the claim process. They are usually provided as 75% of pre-injury average weekly wages.    

Summary:    

Workplace injury has become one of the leading causes of accidents and fatalities across the United States. Construction worksites being more at risk for accidents than other types of jobs. A construction accident law firm helps a worker's compensation claim ensure that the worker's rights are protected should any construction site accidents happen.                   


Smithpatrick

About the Author

Smithpatrick
Joined: April 1st, 2021
Articles Posted: 6

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