Benefits Available for Workers Injured in a Construction Accident | Johnson City
When construction workers are injured on the job and unable to work, the last thing those individuals need is to battle insurance companies to get medical bills covered, wages reimbursed, or the fair compensation to which they are entitled. Under Tennessee law, all construction businesses or trades with one or more employees are generally required to carry workers’ compensation insurance and cover work-related injuries, regardless of fault.[1]
While construction companies are legally mandated to pay for the treatment sustained by their employees in work-related injuries, qualifying for and receiving the correct amount of benefits can be challenging, as employers and insurers are financially incentivized to deny valid claims. In fact, nearly 70% of initially denied claims are ultimately paid, proving that legitimate requests are regularly denied.
Experienced Johnson City workers’ compensation lawyer Mark Hurt has the background and investigative resources needed to challenge workers’ compensation denials. With over two decades of legal experience, he can tenaciously fight insurance companies and employers to get you the full compensation and medical treatment you deserve.
If you were injured on a construction site and need help filing for benefits or appealing a denial, we invite you to call our offices to schedule a free case evaluation. Johnson City construction accident lawyer Mark Hurt can evaluate the facts of your injury, help identify all liable parties, and provide guidance regarding the benefits to which you may be entitled.
What Is Workers’ Compensation?
Workers’ compensation was designed to ensure that individuals are fairly compensated for injuries and lost wages if they are hurt on the job and cannot work because of the injury. Workers’ comp is a no-fault system, meaning that an injured construction worker is entitled to compensation based upon the scope of an injury, even if he or she was at fault for the injury.
To be eligible for benefits, an individual must have been employed at the time of an accident, and the injuries must occur in the course of employment. Injuries can happen in a wide range of scenarios, including (but not limited to) matters arising from or related to:
- Electrocutions
- Unsafe Machinery
- Falls
- Traumatic Brain Injuries
- Falling Objects
- Backovers
- Trench or Building Collapses
- Repetitive Motion Injuries
- Broken Bones of Fractures
- Burns
- Cuts or Lacerations (from exposed nails, machinery, tools, etc.)
- Eye Injuries and Loss of Vision
- Neck Injuries
- Herniated Back Discs
- Partial or Total Paralysis
- Mental and Psychological Injuries
- Amputations of Limbs
- Occupational Diseases (such as mesothelioma and asbestosis)
- Cancer
- Joint Injuries
How Do I File a Workers’ Compensation Claim in Tennessee?
After being injured in a construction accident, it is critical to report the incident in writing to a supervisor or human resource department within fifteen calendar days. If injuries are not timely reported, an individual could lose the right to secure benefits.
After reporting the injury, an employer must submit a First Report of Work Injury or Illness form to its insurance company within one day, regardless of whether it believes the injury is work-related. Further, it must provide an injured construction worker with a list of at least three treating physicians from which they may select an authorized treating physician (the doctor who will provide medical care throughout the claims process). To memorialize the selection, the employee and employer must complete a duly executed Employee’s Choice of Physician form.
Within fifteen days of providing written notice of an injury, a claim decision must be rendered. If a claim is approved, compensation will be paid beginning on the 8th day of disability. If denied benefits, an insurance carrier must issue a Notice of Denial, which can be appealed.
Can I Sue My Employer in Court for My Construction Site Injuries?
Generally, workers’ compensation insulates employers from being sued in court by employees. However, frequently there are other companies and individuals (other than an employer) who can be held liable for a construction accident injury. For example, if a general contractor fails to provide a safe environment for workers, they may be held accountable. As another example, if a dangerous condition on a property causes an accident, the property owner may also be liable. Alternatively, if defective equipment or machinery contributes to an accident, the equipment manufacturer may also be responsible for the injuries.
At The Law Offices of Mark T. Hurt, we investigate construction site accidents thoroughly to identify all liable parties so accountability and full and fair damages can be pursued. If there are non-employer parties at fault, we can sue them in court for their role in causing injury.
Do I Need a Johnson City Workers’ Comp Lawyer for My Construction Injuries?
As an experienced construction accident lawyer, Mark Hurt can help you seek compensation to cover losses incurred as a result of a work-related accident, including (but not limited to):
- Medical expenses,
- Prescription drugs,
- Surgery,
- Emergency room visits,
- Rehabilitation,
- Lost income,
- Future medical costs,
- Loss of earning capacity,
- Pain and suffering, and
Our firm also helps families recover wrongful death benefits if a loved one has died in a construction accident.
While construction workers are entitled to receive workers’ compensation benefits after a work-related accident, it is critical to understand that these benefits are usually inadequate when it comes to fully compensating workers. In cases where families have lost a loved one who was a primary wage earner, workers’ compensation death benefits can be entirely inadequate. Thus, it is extremely important to determine if there are any other contractors, property owners, or others responsible for a death in addition to the worker’s employer.
When Should I Hire a Workers’ Compensation Attorney for My Construction Accident?
If you were injured in a construction site accident, it will be in your best interest to hire an attorney early in the process. An experienced Johnson City workers’ compensation lawyer can help you avoid the pitfalls and costly mistakes that could potentially jeopardize workers’ compensation benefits and third-party construction accident lawsuits.
Many claims are denied, even when individuals have valid, qualifying injuries. Further, injured workers are often paid less than they rightfully deserve or otherwise shortchanged on benefits. If you were denied or underpaid workers’ compensation benefits, Mark can help you appeal a denial or challenge a benefit amount. Injured workers have one year from the date of an accident or injury, last payment of benefits, or last authorized medical treatment to appeal a claim decision.
Johnson City Workers’ Comp Lawyers Available Now!
As an experienced Johnson City workers’ comp lawyer, Mark Hurt has a long track record of success in handling construction accident cases and securing maximum compensation for injured workers and their families. We work on a contingency fee basis, meaning you will not pay any fees unless we recover compensation on your behalf. Call 276-623-0808 to learn how we can help pursue your legal rights.
[1] Who Must Carry Insurance, Tennessee Department of Labor & Workforce Development, https://www.tn.gov/workforce/injuries-at-work/employers/employers/who-must-carry-insurance.html.
