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Your Rights as an Injured Construction Worker

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Your Rights as an Injured Construction Worker

Your Rights as an Injured Construction Worker

By Jan Hoen

At Hampton Injury Law PLC, we’ve dedicated ourselves to fighting for injured construction workers in Virginia to receive full workers’ compensation benefits following an accident. 

Construction workers are exposed to a dangerous and risky environment, ridden with potential risks for accidents that can occur in a variety of ways. Construction accidents are some of the most common types of workers’ compensation claims. It’s important to know your rights following an injury on a construction job. 

Construction Worker Accidents

According to the Occupational Safety and Health Administration, out of all the workplace fatalities in the entire United States, 21% are related to construction work. It is evident from such statistics that construction work is one of the most dangerous occupations out there. 

Construction Worker’s Rights Under Virginia’s Workers Compensation Law

Under Virginia Workers’ Compensation law, an injured employee who is covered by workers’ compensation cannot sue his employer. Therefore, without anyone to hold liable for the injury, what rights does an injured construction worker have? 

A construction employee’s right to receive compensation through their employer for worksite injuries stems from the Virginia Workers’ Compensation Statute. While limiting workers’ compensation to be an injured construction employee’s only remedy of legal recourse, it mandates that employers obtain worker’s compensation coverage through insurance companies. Next, it outlines the conditions for whether an employee will be entitled to receive such compensation for their particular injury. 

For your injury to be covered by workers’ compensation in Virginia, you must prove three things. You must establish with convincing and reliable evidence that (1) your injury was caused by an accident; (2) the accident arose out of your employment; and (3) it occurred in the course of your employment. 

If your employer has to carry workers’ compensation insurance coverage and you prove that you suffered a compensable injury or occupational disease that meets these three conditions, then you are legally entitled to certain benefits by statutorily granted rights. These benefits can include:

  • Medical costs 
  • Temporary or permanent wage replacement benefits.
  • Death benefits for your surviving dependents.
  • Vocational rehabilitation services.
  • Permanent partial disability benefits
  • Transportation.
  • Mileage & other incidental expenses.

Some of these benefits may continue for the rest of your life, while others will have a set time when financial assistance for the benefit ends because the purpose of such is deemed accomplished. In all, if successfully pursued, your workers’ compensation claim will ensure you live in relative comfort despite your injury and the many burdens it may impose on your life. That is your right as an injured construction worker, compensation that satiates all the concerns, issues, and complications, financial or otherwise, resulting from your injury.  

Seek Help from a Virginia Workers’ Comp Attorney

At Hampton Injury Law PLC, we represent injured construction workers in their efforts to pursue benefits through workers’ compensation claims. We negotiate and stand strong against the insurance company’s attempts to mitigate providing the full compensation your workplace injury entitles you to.

If you are a construction worker who has been injured in the Hampton Virginia region, and you need legal representation in pursuing your claim, contact us today! Schedule a consultation by going online and visiting our website today!

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