Can I file a lawsuit if I was hurt near, but not exactly on, my construction site?

Worker's compensation provides specific benefits to an employee for work-related injuries, including lost wages and medical expenses. The legal interpretation of both “work-related” and “workplace” can have a significant effect on an employee’s right to payment, so it’s important to understand the definitions and the factors that will be considered in your construction injury case.

Your Construction Injury Case Goes Beyond Where You Were Hurt

In general, the “workplace” is any area where work tasks are being performed, and a “work-related injury” is one sustained on the job site, on the clock, or while doing work tasks for the benefit of an employer. With this in mind, you could collect benefits or be eligible to file a third-party injury lawsuit for an accident that occurred away from your regular work location, including:

• Car accidents. There are many reasons an employee may be away from the construction site, but still under the control or direction of the employer. For example, a work-related car accident may occur if you are running work errands, picking up materials from another job site, working at multiple sites on the same day, or driving a company vehicle.
• Repetitive strain injuries. Repetitive stress injuries take years to develop, and workers may suffer a “sudden” injury after repeated lifting throughout their careers. A doctor can help determine if the demands of your work contributed to your injury.
• Equipment injuries. An employer has a duty to provide the right equipment and enough workers to complete a job safely. If you were injured away from the site while loading and unloading, using an employer’s tools, or stuck by materials that were intended for use on your site, you likely qualify for benefits.
• Overexertion. Someone could be liable for heart attacks, lifting and bending injuries, cold and heat stress, and other injuries caused by inadequate rest or lack of mandatory shift breaks.

If you or someone you love has been injured on the job, we will work to get you and your family the compensation you are owed—and we do not collect any fees until after your case is won. Simply fill out our quick online contact form or call (800) 362-9329 to speak with a lawyer at Hofmann & Schweitzer today. If you need more information, you can learn more about your rights in our FREE brochure, Hurt in a Construction Accident? You’re Not Alone.