How to Claim Medical Damages After a Construction Accident

Our construction accident lawyers can explain how to claim medical damages after a construction accident. You can typically file a workers’ compensation claim or a third-party liability lawsuit to access compensation for your accident-related medical expenses. Our team can take care of such matters while you recuperate from your injuries.

Filing a Workers’ Compensation Claim After a Construction Accident

In Washington state, injured workers have the right to claim workers’ compensation benefits after a workplace accident. Revised Code of Washington § 51.12.02 states that all employers must carry some form of workers’ compensation insurance. In these cases, workers do not have to prove that any form of negligence led to their accidents. They simply have to show that they were on duty at the time of the accident and that they suffered injuries. 

They may not claim workers’ compensation benefits if they intentionally harmed themselves or were under the influence of drugs or alcohol at the time of the accident, though. To file a workers’ compensation claim, the injured worker has to report the accident immediately to their employer and have them begin the claim process. 

They will also have to see an authorized physician who will assess their injuries and determine when they can return to work. Sometimes, the worker may return to work but only light-duty work. In some cases, they may have to seek vocational rehabilitation to work a different job or position. 

Medical Benefits Are Available Through a Workers’ Compensation Claim

In Washington state, workers’ compensation pays all the injured employee’s medical expenses until their doctor determines they are cured or reached a point where further treatment will not improve their condition, usually known as their maximum medical recovery. 

Until then, the injured worker may receive permanent partial disability or permanent total disability payments. This depends on the severity of their injuries and how long it takes them to recover and return to work. You may also qualify to receive a portion of your wages through a workers’ compensation claim, as well. 

Filing a Third-Party Liability Lawsuit After a Construction Accident

Some construction accidents occur due to the negligence of a third party, such as:

• A subcontractor hired to work on the project
• An equipment manufacturer if you were injured due to defective equipment
• A motor vehicle driver who struck you on or near a construction site

In these cases, you may have the opportunity to step outside of the workers’ compensation system and file a third-party liability claim. Essentially, this is a personal injury lawsuit brought against a liable party. As with any personal injury case, these types of lawsuits can be complex because they require that you prove the other party’s negligence. 

Proving Negligence in a Third-Party Liability Claim

You must demonstrate these four elements to seek compensation for a construction accident caused by a third party:

• Duty of care: The third party had a responsibility to keep you reasonably safe.
• Breach of duty of care: They breached their duty of care by failing to take action or acting in a negligent manner. 
• Causation: This breach in their duty of care directly caused or contributed to your construction accident.
• Damages: You suffered injuries and financial losses due to the accident. 

You do not have to deal with the legal process on your own, though. You have the right to hire a construction accident attorney to lead your case while you rest and focus on healing from your injuries. 

Potential Damages in a Third-Party Liability Claim

A third-party liability claim allows you to seek more damages than a workers’ compensation claim typically does. For example, you can seek awards for:

• Current medical expenses
• Ongoing medical expenses, such as for rehabilitative therapy
• Pain and suffering
• Loss of income
• Reduced earning capacity
• Disability
• Loss of quality of life

Our firm can help you navigate through the filing process so that you don’t miss a beat. We can handle all of the paperwork and gather evidence of another party’s negligence and your losses, as well. 

You do Not Have Long to File a Personal Injury Lawsuit

According to RCW 4.16.080, you generally have three years to file a personal injury lawsuit in Washington state. The sooner you get started on your case, the better we can protect your right to seek compensation through the legal system. If you miss this deadline, you may miss out on your chance to seek compensation from the liable party. 

Make Sure You See a Doctor and Follow Through With Your Treatment Plan

Whether you are pursuing a workers’ compensation claim or a third-party liability claim, you will have to see a doctor and begin treatment for your injuries. Nothing is more important than your health, and your medical records are also important to your case for compensation. 

Our construction accident attorneys can use your medical records to substantiate your losses and seek fair compensation, especially if you will likely incur future medical expenses. In this case, your doctor’s prognosis will also serve as key evidence of your losses. 

To protect your case, make all your doctor’s appointments and follow through with their prescribed treatment plans. Make sure you tell your doctor of any symptoms or complications you experience during treatment. This way, you can work toward reaching your maximum medical recovery. 

Let Jackman Law Firm Help After a Construction Accident

At Jackman Law Firm, our construction accident lawyers can handle your workers’ compensation case or third-party liability lawsuit. We can investigate the construction accident, gather evidence of negligence and your losses, and fight for fair financial recovery. 

Call us today to start your case and receive a free consultation.