The noble craftsmanship and dedication of construction workers is one that often goes unnoticed to the rest of the workforce. Indeed, the construction field is one of those industries where, if the job is done right, all of the other individuals affected by its completion will never notice that it was perfectly completed.
Sadly, when construction tragedies occur, the employees who toil with their own two hands are the first ones to get blamed, even if they become injured themselves. The workers' comp lawyers at The Sharma Law Firm appreciate the hard work that the men and women of the construction industry perform day-in and day-out, and if their lives are destroyed by the accidents that plague work sites, they're here to help them get the financial support they deserve.
Most construction workers are bound to the workers' comp system if they happen to suffer an injury while on-the-clock. This means that, in a great majority of situations, they may not file a lawsuit for a construction accident. However, this does not mean that they cannot be fairly compensated if their ability to work is lost after a construction injury.
It's also important to specify that while a lawsuit usually can't be filed by a construction employee against their employer, there are many other parties on a construction site that can be responsible for causing accidents and which can, in fact, be held liable via litigation.
One such example of a scenario where a construction accident lawsuit can be filed is with defective tools.
Construction employees are constantly using power tools and heavy machinery to complete tasks. These work instruments make the job much easier, but they can also bring cause severe injuries or even death if they malfunction. When these malfunctions happen, as in the well-known case of nail gun accidents, then the injured employee could have grounds to file a lawsuit against the manufacture of the nail gun.
Likewise, if a third-party contractor who is present on the same worksite behaves in a way that results in an injury-causing accident, then the victim or victims can seek compensation by filing a lawsuit against the independent contractor or their employer.
As we mentioned above, it is usually not the case that an injured construction worker can file a lawsuit against their employer.
However, if they do have a strong foundation for a lawsuit and chose to seek legal action against those responsible for their injury, there is a possibility that their employer will become intimidated and seek to terminate the worker, even if the lawsuit is not filed against them.
In every state of the country, this type of retaliatory termination of employment is completely illegal. Ironically enough, it also opens the door for the terminated employee to file a lawsuit for wrongful termination.
If you believe that you or a loved one were wrongfully terminated because you sought legal action or filed a workers' comp claim, contact our law office today to learn more about your legal options. You need to know that, with the proper legal team standing behind you, you can fight against those who have wronged you. Most importantly, you need to know that you can win.