Determining Claims for Construction Accident Injuries

Any person injured in a construction accident is entitled to various forms of compensation, both from his employer and insurance company. However, determining how much compensation is owed is the more difficult matter. Because accidents happen in any number of circumstances, and because each person will react differently to the situation, compensation amounts can vary greatly even between identical injuries.

Negligence
Negligence is the most common basis of compensation claims. If the accident is shown to have come from unsafe working conditions, one can sue his or her employer for negligence. Under workers’ compensation law, employers are liable based on strict liability: as long as safety standards are breached, the company will be considered negligent and will have to pay the damages due.

However, if one is found partially responsible for the accident—for example, he or she wasn’t wearing the recommended safety gear—claims based on negligence may be reduced or even waived. Many insurance companies will try to establish partial fault to reduce the settlement amount, but the victim’s negligence must be clearly proven.

General and special damages
As with most cases of personal injury, damages in construction accidents are usually classified as general or special. General damages refer to compensation for abstract losses, or those that don’t have given monetary values. Examples include physical pain, mental or emotional distress, humiliation, and loss of consortium. In court, these damages are usually determined by the jury based on investigation and expert testimonies.

Special damages, on the other hand, are easier to put in numbers. They include losses whose values can be calculated, such as lost property, medical bills, lost earnings or earning capacity, and transportation fares. Claimants are usually advised to keep receipts and bills in hand throughout the period of the injury to aid in verification.

Intention
While workers’ compensation holds the employer liable regardless of intent, there are rare cases where the accident is shown to be intentional or reckless—the employer knew of the dangers of the task and did not do anything about them. In this case, the victim can file for punitive damages. Unlike general and special damages, punitive damages are not meant to replace losses; rather, they “punish” the negligent employer and discourage them from repeating the offense.

This article is not intended as legal advice.
Learn more about construction accident claims at The Barber Law Firm. Serving clients in the Greater Dallas area.