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DOES WORKERS’ COMP COVER CONSTRUCTION ACCIDENTS?

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From a small project for an individual homeowner to a major commercial development, construction work can be dangerous. Very regularly, construction workers must contend with some extremely risky working conditions faced by workers across industries. As a result, serious work-related injuries at construction sites occur with an unfortunate frequency.

Regulations, specifications, inspection requirements, and job safety programs all aim to reduce construction site accidents and promote safety awareness in construction projects, but accidents can still happen, even if workers take all precautions.

You cannot control a careless jobsite or employer. And when you get injured, you should be entitled to compensation to keep a roof over your head.

According to the U.S. Labor Bureau of Statistics, in 2020, more than 1 in 5 workplace deaths occurred in the construction industry. Just over one-third of the deaths in this industry were due to falls, slips, and trips, and were almost entirely from falls to a lower level.

The state of Georgia functions as a no-fault workers’ compensation system. That means as long as your injury occurred during the course of your work, you do not need to prove your employer caused your injuries. 

In this blog post, we’ll review what you should do if you’ve been injured at a construction site, how workers’ compensation covers construction accidents, and why a personal injury attorney is the person to represent you against your employer’s insurance companies.

If you’ve been injured at work, you should know your rights–and know that you’re not alone. You deserve an experienced, accessible legal team who knows how to guide you through this tough process. Call us today for a free consultation. We want to hear your story.

 

The most common types of construction site injuries 

While a variety of incidents can occur at a construction site (which result in a wide spectrum of injuries), the most common type of accident is a fall.

As a result of a fall, a worker can suffer the following:

  • Broken bones (arms, legs, etc.)
  • Traumatic Brain Injury
  • Spinal Cord Injury

 

All injuries listed above could prove to be catastrophic or lifelong. No matter the nature of the injury, being injured in a fall could result in therapies, treatments, doctors’ visits, medications or even surgeries. It could also mean time off of work as you recover. 

This is why it is so important to have workers’ compensation to pay for all of the bills that will accumulate. Reach out to us to find out how we can help you secure the funds you need during this time. 

What to do after you’ve been in a construction accident

After you’ve had an accident in the workplace, there are a series of steps you must undertake so that it is easier for you to file a workers’ compensation claim in the state of Georgia. 

  • Get medical attention for your injuries as soon as possible
    • This could include having a colleague call 911. 
  • Start documenting your care as soon as possible
  • Report the injury to your employer and/or construction site manager, and note the name and position of the person notified
    • You should do this as soon as you can. 
  • Get the names and contact information of anyone who may have witnessed the accident
  • If possible, try to preserve any evidence related to your injury. This could include: 
    • taking photographs of the area where you were injured  
    • Taking photos of the injuries themselves
    • keeping the equipment or tool that was involved in your injury
  • Get in contact with a trustworthy personal injury lawyer to handle your claim


How workers’ compensation covers construction injuries 

After a workplace accident, you may need immediate medical attention. This could include treatment at the scene or even a trip to the emergency room. If medical treatment begins immediately, you or someone you know should document it. Every piece of documentation, prescription, treatment or correspondence becomes evidence when filing a workers’ compensation claim. 

The sooner you get medical treatment, the easier it will be to prove that your injury affected your ability to work. And the sooner you start compiling documentation, the easier it will be to file your claim–and get your compensation as quickly as possible.

How a personal injury attorney can help you

OK, so you’ve been injured in a construction accident. You’ve sought medical treatment, you’ve documented the scene–what’s next? In order to ensure that you get your workers’ compensation in a timely fashion, it’s best to work with a team of trustworthy attorneys who can guide you in this complicated process.

The workers’ compensation claim process in the state of Georgia can sometimes be complicated. For instance, you must alert your supervisor of the accident within thirty days of the accident date. If you do not do this, there could be delays in your claim. But, of course, you could be dealing with your injury–or even still in the hospital. That’s why it’s best to seek assistance from your workers’ compensation attorney so that they can make sure your employer is alerted on time.

There are also deadlines and filings that you must make to avoid delays or even not getting your compensation entirely. This is where an experienced workers’ compensation attorney would help you.

We’ve got decades of knowledge and experience on our side–and we know the system. It’s worth it to reach out to us so that we can help you get your life back.

The Takeaway

Dealing with a construction site injury can take its toll. The last thing you want to worry about is filing government forms, dealing with insurers or worrying about how you’re going to pay your bills.

Now that you know a little bit more about the nature of construction site injuries–and how the workers’ compensation system in Georgia works–you can rest a little easier. We’ve reviewed the common construction injuries, what actions you need to take following a construction accident and how a personal injury attorney can assist you during this time. 

If you’ve been injured at work and are curious about what rights you have, reach out to us at Castan & Lecca. We want to hear your story.

 

 

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Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.