Given the economy, Oklahoma City is booming, and there are construction projects all over town. Working in the construction industry is dangerous though. Serious injuries can result from carelessness and negligence. According to the Occupational Safety and Health Administration, here are four common construction accident scenarios:
- Falls from heights, slip-and-falls and trip-and-falls
- Being struck by an object like falling equipment, tools or materials
- Electrical injuries
- Getting caught in between two objects
The Sole and Exclusive Remedy
The general rule is that when a construction worker is injured on a job site, workers’ compensation benefits are his or her sole and exclusive remedy. Workers compensation benefits typically provide for a few different types of payments, including reasonable medical bills, temporary total disability while recovering from injuries (TTD), and permanent partial disability for any permanent functional loss (PPD).
The Exception
The above benefits even cover an employee when their injuries are the result of their own negligence. Benefits are limited though. For example, unlike personal injury lawsuits, they don’t cover damages like pain and suffering. Construction accident lawyers in Oklahoma City, OK, have carved out an exception to the sole and exclusive remedy rule though.
Third Party Liability
Oklahoma courts have consistently ruled that when a person is at work, and they’re injured in an accident that was caused by a third party, a personal injury lawsuit will be permitted. For example, on a construction site, if a plumber from one company is injured as a result of the negligence of an electrician from another company, a personal injury lawsuit can be brought and filed at the same time that the injured plumber is claiming worker’s compensation benefits too. Given the damages that Oklahoma law allows an injured person to claim, it’s likely that the personal injury claim will be more valuable to the injured worker than workers’ compensation benefits.
If you were seriously injured on a construction site as a result of the carelessness and negligence of an employee of another company, don’t just consider workers’ compensation benefits. Talk with Little, Oliver & Gallagher PLLC, for construction accident lawyers in the Oklahoma City, OK, area about filing a personal injury action as well.
