What Are the Rights of Contractors Who Are Injured on the Job?

Contractors injured on the job have the right to seek compensation for their injuries. While they might not be eligible for workers’ compensation benefits like traditional employees, they can explore other legal options. These options include filing personal injury claims against the responsible party or utilizing any existing insurance policies they may hold.

If you’re a contractor, it’s crucial to understand your rights and the potential challenges in pursuing compensation. Consulting with an Atlanta construction accident lawyer can guide you on the best steps to take for your situation and help protect your interests.

Do Contractors Qualify for Workers’ Compensation Benefits?

Most contractors do not qualify for workers’ compensation benefits, as they are typically classified as independent contractors rather than employees. A contractor who is not covered by workers’ compensation must seek other forms of compensation when injured on the job. 

However, in certain situations, a contractor may be misclassified, which can open the door to potential workers’ compensation benefits. If a contractor believes their work conditions are more like those of an employee, they should explore their legal status and seek advice on whether they may have a claim.

Can Contractors File a Personal Injury Claim for Workplace Injuries?

Yes, contractors injured on the job have the right to file a personal injury claim. Unlike employees, who are typically limited to workers’ compensation, contractors have more freedom regarding who they can sue after a construction accident, including property owners, general contractors, or equipment manufacturers.

In a personal injury claim, contractors may seek compensation for various damages related to their injury. 

What Damages Can Be Claimed in a Personal Injury Claim?

Contractors may be eligible to recover a variety of damages, including:

• Medical expenses: All costs related to medical treatment, such as hospital bills, medication, rehabilitation, and ongoing care.
• Lost wages: Compensation for any income lost while recovering from the injury, as well as diminished earning capacity if the injury impacts future work.
• Pain and suffering: Monetary compensation for the physical pain and emotional distress caused by the injury.
• Property damage: Reimbursement for any personal property that was damaged during the incident, such as tools or equipment.
• Loss of quality of life: Compensation for a decreased ability to enjoy daily activities, hobbies, or family life due to the injury.

Successfully claiming these damages often requires evidence that clearly demonstrates the other party’s negligence and the impact of the injury on the contractor’s life.

What Should a Contractor Do Immediately After Being Injured on the Job?

After being injured on the job, contractors should take immediate steps to protect their rights and strengthen any potential claims. The actions taken in the aftermath of an accident can significantly impact the ability to recover compensation for injuries and damages.

Steps to Take After a Workplace Injury

Contractors should consider these key steps:

• Seek medical attention: Get medical help right away, even if the injury seems minor. Prompt treatment ensures proper care and provides documentation of the injuries.
• Report the incident: Notify the property owner, site supervisor, or responsible party as soon as possible. Documentation of the incident can help support a future claim.
• Document everything: Take photos of the accident scene, equipment involved, and any visible injuries. Collect witness statements, contact information, and details of the incident.
• Avoid making statements: Refrain from giving statements or signing documents without consulting legal counsel. Certain statements may be used to reduce or deny a claim.
• Consult a legal professional: Speaking with an attorney experienced in workplace injuries can help clarify rights, explore compensation options, and build a strong case if necessary.

Are Contractors Protected by OSHA Regulations?

Yes, contractors are protected by the Occupational Safety and Health Administration (OSHA) regulations, which set safety standards for workplaces. Although contractors are not employees, OSHA still requires employers and site managers to maintain safe work environments for all individuals on-site, including independent contractors.

If a contractor is injured due to safety violations or hazardous conditions, they may file a complaint with OSHA. While OSHA itself does not provide compensation, its findings can support a contractor’s legal claim against the responsible party for failing to adhere to safety requirements.

Contact a Lawyer to Protect Your Rights After a Workplace Injury

If you are a contractor injured on the job, protecting your rights and seeking fair compensation is crucial. The process can be complicated, especially if workers’ compensation does not cover you and you need to pursue other legal avenues. Speaking with an experienced attorney who understands contractor injuries can make a significant difference in your case.

At John Foy & Associates, known as the “Strong Arm” in Georgia, we are committed to fighting hard to ensure that injured contractors get the compensation they deserve. With our extensive knowledge of workplace injury law and dedication to our clients, we can guide you through the process, answer your questions, and help you understand your options.