Construction: One Of The Deadliest U.S. Industries

The majority of workers can rest easy, knowing that their workplace is as safe as humans can make it. Construction workers, however, face a different reality, simply because the nature of the industry is hazardous. Employers must, regardless, do their best in providing a workplace as safe as possible. A failure to do so may open them up to liability.

If you have been injured while performing construction work, you will often be eligible for workers’ compensation benefits, but not always. A Birmingham construction accident attorney from the firm of Goldasich, Vick & Fulk can help you understand your options for recovering lost wages and other compensation after an injury. We are here to help.

Inherently Dangerous Work

Data from the Bureau of Labor Statistics (BLS) shows that of 5,283 fatalities in 2023, 1,075 of them occurred in the construction industry – approximately 20 percent. The strong majority of them occurred as a result of falls, either from equipment or falling in between two objects (say, a vehicle and a wall), but there are many other potential causes of harm on a construction site, from being struck by a vehicle to electrocution.

Because of the inherent level of danger in the industry, construction industry workers are routinely injured or even disabled. However, most of the time in Alabama, an employee is prohibited from filing suits against their employer because workers’ compensation is intended to be the “exclusive remedy” for an injury on the job. There are exceptions, though not many.

No Windfalls

If you have been injured on the job in Alabama, know that in most cases, your only remedy will be workers’ compensation, and only if your employer is required to carry workers’ compensation coverage (most are). However, there are two main scenarios in which a worker can seek more damages under Alabama law: namely, if their injury was caused by “willful conduct,” or if it was caused by a third party.

It is important to keep in mind that even if you are able to file both a lawsuit and a workers’ compensation claim in Alabama, you may not recover twice for the same injuries – this is considered a windfall, which is inequitable (unfair). Normally, if an injured employee receives both workers’ compensation benefits and a jury award, the workers’ compensation insurer will repay itself out of the proceeds.

We Are Ready To Help

Being injured at work can create a host of problems, doubly so if your claim for benefits is held up or denied. A Birmingham construction accident attorney from Goldasich, Vick & Fulk can help give you the best chance to get the benefits – and possibly, the compensation for pain and suffering – that you deserve. Contact our office at (205) 731-2566 to schedule a consultation.

Source:

bls.gov/iif/fatal-injuries-tables/fatal-occupational-injuries-table-a-1-2023.htm