Delaware Construction Accident Lawyer

If you have suffered an injury while working in construction, an experienced Delaware construction accident attorney can help you determine the best path forward as you seek compensation for your injuries. Give us a call to find out how.

Construction is one of the most dangerous industries to work in. There are safety hazards almost everywhere you turn. From workers falling from high scaffolds and people being crushed by heavy equipment to constant exposure to toxic chemicals and the risk of explosions, the construction field sees more than its fair share of injuries.

Here’s the good news: Construction injury victims can usually collect workers compensation benefits when they’re injured on the job. In some cases, you can bring personal injury claim against the party whose negligent actions are responsible for your injuries.

To learn more about which options will work for you and how to get the most out of your claim, contact a knowledgeable Delaware construction accident lawyer at Barros, McNamara, Malkiewicz & Taylor today.

Workers Comp for a Delaware Construction Accident

Delaware law requires employers to carry workers compensation insurance. It doesn’t matter whose fault the accident was—as long as you were employed with your company and performing the duties of your position when injured, you should be eligible for workers comp benefits.

You will be disqualified from collecting benefits, however, if you were in violation of the company’s code of conduct by engaging in horseplay while on the job or if you were under the influence of drugs or alcohol at the time of your injury.

Workers compensation benefits will pay for your medical treatment and care—the state does not expect injury victims to cover the costs of any of the medical care they need or receive due to a work injury.

Workman’s comp can also cover a portion of the wages you’ll miss while you are unable to work. Typically, this amount will be somewhere between 60 and 80 percent of your average weekly income for the thirteen weeks prior to your injury, depending on the severity of your condition and how long you’re expected to be out of work.

Appeal a Denied Claim

If you file a claim for workers compensation benefits after your Delaware construction accident and your claim is denied, a lawyer can usually get the denial reversed by filing an appeal. In this appeal, we will provide additional supporting medical documentation and answer any questions the insurance adjuster might have about your injury and capabilities.

Should the insurer still deny your claim, we are prepared to bring your case to court, where a judge will be able to make an informed, unbiased decision on your work comp claim.

When to File a Personal Injury Claim

Many injured construction workers are under the impression that, if they are collecting workers compensation benefits, they aren’t allowed to file a lawsuit to recover their total damages, as workers comp only covers wages and medical expenses. Nothing could be further from the truth, although you will need to meet certain conditions in order to file an injury claim outside of the work comp system.

Some common situations that would enable you to file a personal injury lawsuit after a construction accident in Delaware include if a third-party is responsible for your injuries, if your employer was required to carry workers compensation but didn’t, if your employer was malicious or intended for you to be harmed on the construction site, or if a chemical substance or defective product caused your injuries.

Sometimes, the only way for you to be made completely whole following a construction accident is to file a personal injury claim against the person or people whose negligent actions caused you harm.

Damages You Can Recover

If you file a personal injury claim, your construction accident lawyer in Delaware can help you seek full compensation for all of your damages, which may include the following:

  • Pain and suffering
  • Loss of potential future earnings
  • Emotional distress
  • Loss of household services
  • The effects of a disfiguring injury
  • Loss of companionship and love

Although non-economic damages like those above won’t have a direct impact on your financial situation, they can have a tremendous impact on your lifestyle and psyche and therefore should be taken just as seriously as economic damages. We will consider every way in which your injuries have influenced or are expected to influence your life.

Speak with a Delaware Construction Accident Attorney

You don’t have to sit back and deal with the consequences of your injuries alone. When you’ve been injured on a construction site and need help obtaining workers compensation benefits or filing a personal injury claim to recover your losses, get in touch with an experienced lawyer at Barros, McNamara, Malkiewicz & Taylor to get the most out of your case.

We are proud to offer no-obligation consultations to our clients. You can take advantage of yours by filling out the contact form below or by giving a Delaware construction accident lawyer a call at 302-734-8400.