Construction Site Accidents – Workers’ Compensation Law

The Worker’s Compensation Act was implemented to protect workers who are injured on the job or suffer an occupational disease in the course of their employment, but also to protect employers from excessive healthcare costs and litigation. The benefits from the Worker’s Compensation Law, colloquially known as Worker’s Comp, provide injured employees with weekly benefits based on a percentage of the employee’s wages. The benefits are intended to cover medical expenses, lost wages and in some cases, vocational re-training, if necessary.

It is important to keep in mind is that Worker’s Comp benefits are paid regardless of fault or negligence and by accepting the Worker’s Comp payments, the employee surrenders the right to sue the employer.

The purpose of Worker’s Comp is to defray some of the costs and hardship of an on-the-job injury and shorten the injured employees time off from work. Although the injured employee gives up the right to sue the employer, they can still sue the negligent third party. However, if the injured employee is awarded damages against the employer, the employee has to reimburse the employer or insurance company for any compensation received prior to the award.

Although Worker’s Comp is most often used when an employee is injured on the job in a specific accident, it can also be used for illnesses or injuries sustained while on the job. Examples of this are: carpal tunnel syndrome or illnesses due to prolonged exposure to chemicals or hazardous materials. Although emotional or stress-related illnesses are technically not covered, there are exclusions if causation can be attributed to the workplace.