Cumming Construction Accident Lawyers

Did you get injured while working on a construction site? Jonathan R. Brockman, P.C. will work to help you recover the benefits you need and deserve from your employer’s workers’ compensation policy.

Attempting to file for workers’ compensation benefits alone can be confusing and stressful. You have paperwork to fill out, insurance claims to file, deadlines to comply with, and potentially a settlement to negotiate. Insurance companies will try to find any reason they can to avoid paying an injured employee’s claim. If you don’t have legal representation, they might try to intimidate you into accepting a benefit amount much lower than you deserve.

In addition, if the negligence of a non-employer third party contributed to your accident, we can also help you pursue damages from them in a third-party injury claim.

Our Cumming construction accident lawyers won’t let anyone take advantage of you. We’ll protect your rights and fight for the money the insurance company owes you. You deserve financial compensation for the suffering you endured and the time you were unable to work. You can depend on us to get it for you. Call us today at (855) 465-4407 and schedule a free consultation.

Common Injuries Construction Workers Sustain

Construction workers expose themselves to various dangers every day. They have access to heavy machinery, sharp tools, and toxic chemicals. If they make the wrong move, they could suffer severe injuries. Many people in the construction industry die because of the hazards that surround them.

Injuries on a construction site can range from minor to severe. Anyone can fall from a ladder, get struck by falling debris, or get electrocuted. If you’re not wearing safety gear or don’t follow regulations issued by the Occupational Safety and Health Administration, you put yourself at risk of harm.

The most common injuries construction workers face include:

  • Repetitive motion injury
  • Joint or muscle damage
  • Sprains and strains
  • Broken or fractured bones
  • Spinal injury
  • Traumatic brain injury
  • Loss of limb
  • Internal organ damage or bleeding
  • Crush injuries
  • Burns
  • Hypothermia or frostbite
  • Paralysis
  • Loss of vision or hearing
  • Diseases from exposure to toxic substances

Unfortunately, even if you take the necessary precautions, you can’t predict how other people will act. If your coworker isn’t paying attention and knocks a tool off a ladder, it could fall on your head as you’re walking by. Or, you could suffer injuries because your employer failed to provide adequate safety equipment. Whatever the reason, you deserve benefit payments so you can cover the expenses related to your injury.

Why Do Construction Accidents Happen?

Individuals in the construction industry are at a higher risk of life-threatening injuries or fatalities. They’re expected to perform dangerous tasks every day and work in hazardous conditions. Even if you’re careful, you could suffer the consequences of someone else’s poor decisions.

Toxic chemicals, dangerous equipment, an unstable job site, and other workers can potentially cause you harm. The most common causes of construction accidents and injuries include:

  • Unsafe working conditions
  • Slip or trip on hazard
  • Fall from great heights
  • Falling scaffolding or debris
  • Lack of safety gear and safety equipment
  • Electrocution
  • Inadequate employee training
  • Lack of guard rails on lifts
  • Unstable ladders
  • Missing safety guards on power tools
  • Damaged safety gear

If you get hurt performing job-related duties, you have the right to pursue benefits from your employer’s workers’ compensation insurance. Companies in Georgia that employ at least three employees, whether full-time, part-time, or seasonal, must provide workers’ compensation benefits.

Workers’ Compensation Benefits Available

There are two major types of workers’ compensation benefits: medical and income. These benefits can cover the cost of your treatment and a portion of wages you’re unable to earn while you’re trying to recover from your injuries.

Medical

Medical benefits will pay for medically necessary treatment of the injury or illness you suffered due to your job. Your employer’s WC insurance company will provide payments directly to your doctors, so you won’t have to pay out of pocket.

You can begin treatment immediately after you get sick or hurt. It’s crucial to remember that you must see a physician on the insurer’s approved list if you want them to cover the cost of your appointments. If you choose to see your own doctor, you can, but the insurance company won’t cover the cost.

You can switch to a different doctor if you don’t like the one you originally met with from the approved doctor’s list. You’re only allowed to change to another approved doctor once without getting permission. If you want to switch a second time, you must fill out Form WC-200a and obtain permission from the Georgia State Board of Workers’ Compensation.

Sometimes the insurance company will request that you attend an independent medical exam (IME) while they’re processing your application for workers’ compensation benefits. An IME is a medical appointment with a doctor of their choosing who will determine if they agree with the initial evaluation of your injuries. This appointment isn’t optional; it’s mandatory. If you don’t show up, you risk the insurance company denying your claim.

Income

Income benefits replace a portion of your lost wages while you’re out of work. There are four main categories that indicate the severity of the injury and how long you’re unable to perform your job responsibilities.

Temporary Partial Disability

If you can work but only perform minimal tasks, you might qualify for TPD benefits. For example, let’s say you broke your leg on the construction site. You’re unable to complete on-site projects; however, you could probably work in the office and help out with administrative duties. Your hours would likely be less than usual, and your pay may also be lower than before your injury.

The benefit payments you would receive would be two-thirds the difference between your average wage before and after the construction accident occurred. The payments could last for a maximum of 350 weeks or until your doctor places you at maximum medical improvement (MMI), the level of recovery you made.

Temporary Total Disability

With TTD benefits, you could collect payments if you’re unable to work at all for a minimum of seven consecutive days. Your weekly payments would equal two-thirds of your average wages before the injury or illness kept you from your job. These benefits last up to 400 weeks or until you reach MMI.

Permanent Partial Disability

You qualify for PPD if your injury or illness caused permanent damage, but you can maintain some form of employment. There are two categories that depend on the type of injury you sustained.

Scheduled award: Injuries include any harm done to your legs, fingers, feet, hearing, hands, or vision. The compensation you would receive would be two-thirds the difference between your wages before and after you got hurt or sick.

Before payments begin, you would need your doctor to perform an evaluation and provide an impairment rating. An impairment rating indicates how much loss of function there is for a specific body part. The rating is on a percentage scale between 1 and 100. The rating your doctor gives you will determine the number of weeks you’re eligible to receive benefits.

Unscheduled awards: Refers to injuries, such as brain damage, spinal damage, and injuries to other organs. You could collect these benefits for up to 300 weeks, and your payments will depend on your impairment rating.

Permanent Total Disability

Much like permanent partial disability, PTD depends on your impairment rating. You’ll start collecting benefit payments once you complete medical treatment, and your doctor places you at MMI. Basically, your doctor will inform you that further medical intervention won’t help to improve your injury or illness. You still won’t be able to return to your construction job or even perform minimal work at a different place of employment.

The injuries that are eligible for PTD benefits are severe and debilitating. Things like blindness, amputations, traumatic brain injuries, and paralysis are just some examples.

Additional Benefits

There are other benefits you could potentially apply for depending on the circumstances of your construction accident.

  • Mileage reimbursement: If you have to travel far to see your doctors, you could receive payment for the cost of mileage.
  • Vocational rehabilitation: This form of WC benefits can provide services for job placement if your injuries prevent you from returning to your previous employer.
  • Death benefits: Family members could cover the cost of funeral expenses if their loved one dies from a construction-related accident or injury.

Call Jonathan R. Brockman, P.C. for Help After Your Construction Accident

We know you’ve been struggling. You’re in pain and trying to recover from your construction accident. If you’re unable to work, you might feel overwhelmed by the financial strain you’re experiencing. We’re here to help you recover the workers’ compensation benefits you need to pay for your treatment and household expenses.

Our Cumming construction accident lawyers will fight hard to protect your rights and ensure your employer’s insurance company treats you fairly. If they deny your claim, we can file an appeal. We have the experience, knowledge, and skills to recover the maximum payments our clients deserve.

You’ll be our top priority. We’ll remain by your side throughout your entire case. You can depend on us to work efficiently and reach an outcome that meets your needs. We’ll support you and guide you through the whole legal process. Call us today at (855) 465-4407 if you were the victim of a construction accident and need help pursuing workers’ comp benefits.

Atlanta Injury Lawyer