Episode 105: Calloway County workers’ compensation attorney Jeff Roberts discusses construction accidents and injuries, including workplace fatalities. This episode deals with commercial construction, as well as residential home construction accidents. Jeff is an experienced attorney with over 32 years of experience representing people injured on a job site or in construction-related activities.
Construction Accidents and Workers’ Compensation
In most cases, an injury on a job site would qualify for workers’ compensation benefits. In some situations, you may also be able to file a third-party claim, or other injury claims. Listen to Episode 103 on the topic of forklift injuries and fatalities.
Workers’ Compensation for Undocumented Workers
If you are and undocumented worker and get hurt on a construction site, you are eligible for workers’ compensation benefits. Your status in this country is irrelevant to the fact that you were injured on the job.
Representing Injured People Who Belong to Trade Unions
Jeff has represented many injured workers who belong to trade unions, such as electricians, plumbers, concrete masons, cement finishers, carpenters and many others. His father was a member of a union, as are his 2 brothers. Many union jobs are fairly high-paying. When the worker gets injured, Jeff can help to maximize the benefits available. Workers’ comp has a cap on the lost wages it will replace, so Jeff often looks to see if short-term insurance or if necessary, long-term insurance is available to help take the place of that lost income.
Risk of Construction-Related Amputations
Carpenters, in particular, run the risk of amputations. Circular saws, jig saws, reciprocating saws and other power tools are common for anyone who works on a construction site. Jeff has represented many people who have suffered amputations either on the job site, or later due to the severity of the injury. Amputations to a finger or hand can happen for any number of reasons, including fatigue, inattention or someone else’s negligence.
Jeff has also represented construction workers who have had an injury resulting in an amputation. This could be from equipment falling on them or trapping a limb. Job sites are very dangerous environments.
Lower Back Injuries and Strains
Lifting heavy objects and equipment often comes with the job. This could be lumber, piping, shingles or any number of items. Heaving lifting can result in lower back injuries, such as a ruptured disc. If you feel a sudden pop and/or sharp pain, you may need to seek medical treatment for your back pain.
If you’ve worked in construction for a long time, you may develop a cumulative trauma injury to your back, shoulder or other joint. Some doctors may blame this on the fact that you’re getting older, but you should ask for a second opinion. Jeff has years of experience representing people who may have originally been diagnosed with degenerative disc disease or arthritis, when it was actually a work-related injury. If that’s your situation, it could qualify for a workers’ compensation claim. Remember, you’ll need to provide notice to your employer of your injury.
Knee Injuries on the Job Site
Twisting a knee, tripping over lumber, or injuries from falling can result in the need to file a workers’ compensation claim. The incident may have torn a ligament, meniscus, or a broken bone. You may need to have a surgery to repair the damage. This obviously leads to time off of work during your recovery and rehab. Workers’ compensation will pay for those medical expenses, mileage to your doctor or physical therapist, some lost wages and more.
Electrical Shock Injuries
In Episode 45, Jeff discussed electric shock injuries. These can range from minor injuries to brain injuries and even workplace fatalities. Electricians and other trades are often working around exposed wires and circuitry. Lockout tagout has been a recognized safety protocol, but it’s not fool-proof when other people are working in the same area.
Construction workers can get shocked or electrocuted when extension cords and other cables are exposed to rain or pooling water. If the employer has removed safety equipment resulting in an electrical injury, the OSHA safety violation can lead to additional benefits for your injury. Even if the injury was your fault, it’s generally covered under workers’ comp.
Traumatic Brain Injuries from Construction Accidents
Jeff has represented a number of workers who sustained head injuries, many of which resulted in traumatic brain injuries (TBIs). It could be from an item falling onto the worker. The symptoms of a TBI may not be notice by the individual, but the family members and co-workers might recognize a change in the person’s behavior or personality.
In more severe situations, the injured construction worker might have much more complex injuries, including loss of speech, loss of memory, and far worse.
Workplace Fatality on a Job Site
It’s an unfortunate situation, but it does happen. As we’ve said before, the job site is a dangerous environment, especially if people are improperly trained, unaware or there’s an equipment failure of some sort. When a workplace fatality occurs, the family is entitled to benefits through workers’ comp. These are referred to as death and survivorship benefits.
The death benefit is a lump sum paid to the estate of the deceased worker. Survivorship benefits are paid to a surviving spouse and to minor children. There are situations in which others were dependent upon the deceased worker, such as elderly parents, special needs adult children. These individuals may also be able to receive survivorship benefits.
If a construction worker dies in a work-related accident, the spouse gets 50% of the average weekly wage. In reality, as Jeff explains, a stay-at-home spouse raising kids may not be able to make it on 50% of the previous household income. While no amount of money can replace the deceased spouse, the surviving spouse may be faced with the need to seek employment, while incurring child care expenses. Interestingly, a worker who becomes totally disabled after a workplace injury would be eligible to receive 66.6% of his/her average weekly wage.
Construction Injuries Preventing You from Returning to Work
If your injury is severe enough, the judge may find you permanently disabled. Workers’ comp will provide disability benefits. However, you may also be able to get Social Security Disability Insurance benefits (SSDI). Jeff can handle both claims for you.
Third-Party Claims for Injuries on the Construction Site
Workers’ compensation has an exclusive remedy provision, which says under workers’ comp, you can recover damages for your workplace injuries against your employer through workers’ compensation. This is your exclusive remedy. The same applies to an injury caused by the negligence of a co-worker. You’re limited to filing a workers’ compensation claim.
However, if the negligence was committed by someone who works for a different company (“a third party”), you may be able to pursue a third-party claim. For instance, it could be an employee from another subcontractor.
Jeff notes that if you’re a subcontractor and you’re injured due to the negligence of the general contractor, you may only be able to file a workers’ comp claim. They would have what’s called “up the ladder immunity.”
If you work for the general contractor and you’re injured by a subcontractor, you may have a third party claim.
In another example, assume you’re working on an electrical or plumbing project at an Amazon warehouse. If you’re injured due to the negligence of an Amazon employee, you may have a third-party claim against Amazon.
A third-party claim is typically a negligence personal injury claim. You may be able to recover medical expenses, lost income and other damages, that are similar to a workers’ compensation claim. However, you can also pursue a claim for pain and suffering as part of the third-party claim, which would not be available in a workers’ comp claim.
We hope you found this episode insightful and helpful.
Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Automobile Accident Injury Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
