Although an injured construction worker typically cannot file a lawsuit against their employer for the injuries they suffered in a work-related accident, they can potentially recover medical and wage replacement benefits by filing a workers’ compensation claim with their employer’s insurer. In addition, they may have a case against another party such as a property owner or operator if someone else’s negligent actions caused the construction accident to occur.
When should an injured construction worker report their injuries to their employer?
Injured workers are required to report their injuries to their employer within 72 hours of the accident occurring.1 The worker must also report the injury to the Workers’ Compensation Division within 10 days from when the incident transpired. An injured worker’s employer should be able to assist them with filling out the correct injury forms and getting them submitted to the appropriate agencies.
In the event a construction worker isn’t getting help from their employer, they can contact the Wyoming Department of Workforce Services Workers’ Compensation Division or a Wyoming construction accident lawyer for help.
Once the Workers’ Compensation Division receives notice of a work injury, it should review it within 15 days. The Division may not be able to make a decision on the case within 15 days after receiving the notice of injury form if it requires additional information from the injured party.
What Benefits Does Workers’ Compensation Insurance Offer?
Construction workers who qualify for workers’ comp and have a valid claim should be able to receive the following benefits2:
Medical benefits. An injured worker whose claim has been approved should be able to obtain medical care from an approved medical provider without having to pay anything out of pocket. The Wyoming Division of Workers’ Compensation says there is no time limit on medical treatment so as long as the injured workers’ physician can prove the following:
- Medical treatment is needed.
- The treatment is related to their work injury.
- The treatment is “reasonable and necessary.”
Wage Replacement Benefits. Wage replacement benefits are determined using an individual’s salary as well as whether they suffered a temporary or permanent injury.
Recovering Compensation From Other Parties After a Construction Accident in Wyoming
In addition to collecting wage replacement benefits from a workers’ compensation insurance carrier, injured construction workers might also be entitled to recover additional money by filing a civil lawsuit against a negligent party. This could be a property owner who failed to disclose dangerous conditions before allowing construction to begin on their premises or even a negligent contractor.
The Wyoming construction accident lawyers at Frederick J. Harrison, P.C. can identify the sources from which compensation can be recovered from.
Construction workers who are looking to collect compensation to make up for their injuries and other losses can contact Frederick J. Harrison, P.C. for a free consultation to learn more about how they can do this. The injuries sustained at a construction site are often life-altering and painful and a construction worker shouldn’t be left worrying about how they are going to cover their monthly expenses or medical care.
Frederick J. Harrison, P.C. can be reached at:
301 West Lincolnway
Cheyenne, WY 82001
Phone: (307) 316-1760