Construction workers suffer injuries more than any other profession in the country. Workers on job sites, risk exposure to toxic chemicals, dust, and debris, or immediate physical harm in accidents involving falls, heavy machinery, tools, or vehicles.
Morgan, Collins, Yeast & Salyer is a Kentucky construction accident law firm that understands how devastating on-the-job injuries can be. Fortunately, Kentucky law requires employers to carry workers’ compensation insurance to pay for medical treatment (for “cure and relief”) with no deductibles or co-payments required of the worker (Chapter 342 of the Kentucky Revised Statutes (KRS)). They also could pay for lost wage benefits for your recovery, for lifetime medical treatment for your injury, permanent disability, and vocational rehabilitation.
If a non-employer third party’s negligence caused the accident, you could also seek damages from them through a third-party accident claim.
While you have the right to seek a construction accident compensation in the form of workers’ compensation benefits or an injury claim (or both), it is crucial to hire an experienced attorney to make sure that your case is handled correctly.
The Kentucky construction accident attorneys Morgan, Collins, Yeast & Salyer are here to relieve this burden and handle all aspects of the legal process for you. Call us at (877) 809-5352 or reach out to us online to schedule a free consultation.
Construction Accident Statistics in Kentucky
Although the amount of construction-related injuries has decreased over the years, the number of accidents that occur are still alarmingly high. According to the U.S. Bureau of Labor Statistics, there were 70 fatalities in Kentucky in 2017. Additionally, there were 3.3 cases of nonfatal injuries and illnesses per 100 employees. Compared to other states in the country, Kentucky’s statistics are higher than the national state average.
The construction industry ranked in fourth place in the number of incidents occurring in major job categories. In 2017, the percentage of injuries caused by overexertion was 42.2%, with sprains, strains, and tears accounting for injuries experienced the most.
Hazards that Could Cause a Construction Site Accident
The most common hazards construction workers face include:
- Falling from heights
- Collapsing scaffolding or tools
- Electrical wiring
- Lifting heavy objects
- Exposure to asbestos or other harmful substances
- Consistent, loud noises
- Uneven flooring and debris
- Working in confined spaces
- Tool-related injuries
Regulations from the Kentucky Occupational Safety and Health Standards Board protect employees while they’re working. Employers are required to provide an environment free from apparent hazards that could cause serious physical injury or death. That means storing chemicals safely, providing training to all employees, performing routine maintenance on tools, equipment, and machinery, displaying signage at essential access points, and supplying employees with protective gear whenever necessary.
Injuries Construction Workers Are Likely to Sustain
Some employers prioritize profits and schedules over worker safety. That ultimately causes accidents. When a construction company unreasonably pushes their employers to complete their work efficiently while keeping costs low, vital safety precautions tend to get ignored.
Keep in mind that workers’ compensation benefits are available to employees who are hurt or who become ill, regardless of fault. You don’t have to prove that there was an unsafe condition or that anyone was negligent to get the benefits you need. In fact, you could have been hurt due to your own actions and still qualify for benefits, with a few exceptions.
Regardless of where the construction work took place, hazards and unsafe conditions could cause a severe injury accident or illness.
The most common injuries for construction workers include:
- Repetitive motion injury, such as carpal tunnel
- Broken or fractured bones
- Spinal cord injury, including damage that causes paralysis
- Head or brain injury
- Eye injury, including loss of vision
- Illnesses from exposure to hazardous chemicals
- Amputation or loss of limbs
Any type of injury, whether minor or severe, can cause both physical and emotional pain. Immediate medical attention is required plus follow-up care. Making matters worse, you might have to take time off to recuperate and might be worried about how you’ll pay for your medical bills or other household expenses.
Contact the Kentucky workers’ compensation attorneys at Morgan, Collins, Yeast & Salyer for advice on how to proceed. Our law firm has recovered more than $200 million in workers’ compensation benefits for our hardworking Kentucky clients.
Worker’s Compensation Laws in Kentucky
All employers in Kentucky are required to carry workers’ compensation insurance or qualify as self-insured. If they fail to carry this insurance, they could face fines of up to $1,000 per day.
Almost every employee of a business in Kentucky will qualify for workers’ compensation benefits, including:
- Employees of a business with only one employee
- Workers who get hurt on the first day of employment
- Part-time workers
- Seasonal or temporary workers
- Workers on probation before official hiring
- State and local government employees
Unlike some other states, even some workers who are classified as independent contractors could be eligible for workers’ compensation benefits, depending on the nature of their work.
If you’ve been injured in a construction accident, keep in mind that there are strict time limits for filing a claim so you should not delay in pursuing your legal right to compensation.
In Kentucky, the following statutes of limitation apply:
- Two years from the date of the accident for worker’s compensation
- One year for a personal injury claim against a non-employer
Workers’ compensation is usually the first option after an on-the-job injury. However, if your employer doesn’t carry workers’ comp insurance, you could apply for benefits through the Kentucky Uninsured Employers’ Fund. Again, if a non-employer third party played a role in the construction accident, a personal injury claim is also possible.
Can I Receive Compensation if I Get Injured in a Construction Accident?
You are entitled to benefits through your employer’s workers’ comp policy if you sustain a construction injury while on the clock. It’s important to note that your employer’s insurance carrier must approve the treating physician. If you choose to seek care from an unapproved doctor of your choice, you may be responsible for those expenses.
Once an accident occurs, you should immediately notify your employer so they can file notify the workers’ comp insurance provider. Once your application gets approved, you should receive benefits until you’re able to return to work or a doctor diagnoses you with a temporary or permanent disability. The benefits system can be complicated and technical, and claims can get denied as a result, so legal representation is highly advisable.
Workers’ compensation covers the following expenses:
- Medical expenses including physical therapy, hospital visits, prescription medications, and any other treatment deemed medically necessary to treat your injury or illness.
- Lost wages such as past or future pay you’re unable to earn as a result of your accident and injury.
- Temporary or permanent total disability equivalent to two-thirds of your average weekly wage. Temporary total disability ends when your doctor advises that you have reached maximum medical improvement (MMI), which means you won’t improve any further from treatment, or you return to work, whichever occurs first. Permanent total disability benefits continue for the rest of your life.
- Permanent partial disability includes payments for the difference between your wages before and after the accident includes if your injury or illness prevents you from working a full schedule or performing your regular job duties.
- Death benefits could be owed to the spouse and dependents of a construction worker who dies in a work-related accident. The benefit amount depends on the deceased employee’s wages before the accident and the number of dependents. Additionally, if death occurred within four years of the job-related injury, a lump-sum payment is payable to the deceased individual’s estate.
Contact a Construction Injury Attorney in Kentucky
Hiring a construction injury law firm could result in higher benefits or compensation than if you choose to handle a construction accident claim on your own. The evidence gathering, the application process, and various technical procedures can be daunting.
Emblematic of our Kentucky Courage motto, Morgan, Collins, Yeast & Salyer believes in providing our clients with quality customer service. Our team of legal professionals is available 24/7, so you can reach us when you need us. You’ll never wait long for a callback to receive answers to your questions or the status of your case. We have seven conveniently located offices in Kentucky to serve you.
Your construction injury attorney will work diligently and aggressively to resolve your case as quickly as possible. You don’t want this unfortunate situation to drag out, and neither do we. We want our clients to promptly receive the construction accident settlements they deserve.
We offer a free consultation to all prospective clients. There’s no risk or obligation to meet with us so we can review the details of your accident. We’ll determine if you have a solid case and advise the best options for moving forward.
The attorneys you see on TV aren’t just actors. They’re real attorneys that you’ll work with when you hire Morgan, Collins, Yeast & Salyer. We Call us at (877) 809-5352 or contact us online to schedule a free consultation with an experienced construction injury lawyer.