Tulsa Construction Accident Attorney
Construction poses significant safety hazards to workers. Construction workers put their lives at risk of serious accidents every day, from fatal falls to harmful motor vehicle accidents. After a construction accident that injures on-the-job workers, they have a few different outlets for recovery. The Tulsa injury attorneys at Bryan & Terrill Law can assist construction workers in exploring their options.
Before You File for Workers’ Compensation in OK…
Construction is one of the deadliest industries. The Occupational Safety and Health Administration reports that more than one in five worker deaths in 2015 were in the construction industry.
As a construction worker in Oklahoma, you are eligible for coverage of medical bills and partial lost wages after a workplace injury, through the Oklahoma Workers’ Compensation Commission. Through this program, injured construction workers do not have to prove that an employer or other party was negligent to receive compensation. The employee must simply file a claim through the employer’s workers’ compensation insurance company, after sustaining a qualifying injury while performing work-related tasks. In most cases, the Commission will accept the claim and administer benefits right away. Benefits may include:
- Temporary total disability (TTD). Up to 70% of average weekly wage until you can return to work, reach maximum medical improvement (MMI), or reach the maximum (typically 104 weeks).
- Temporary partial disability (TPD). Up to 70% of the difference between pre-injury and post-injury wages, until you return to normal wages, you reach MMI, or reach the maximum of 52 weeks.
- Permanent total disability (PTD). Up to 70% of average weekly wage up to the state’s maximum, for 15 years, or until Social Security retirement age (whichever comes later).
- Permanent partial disability (PPD). Payment for whole body injuries and scheduled losses (amputation or total loss of use of body part). Lower maximum than other benefits. The maximum in Oklahoma, as of 2016, was $323 per week.
Workers’ compensation is a simple system for employees, with no burden of proof. However, the employee gives up his or her right to sue an employer once he/she files for workers’ compensation benefits. This is the deal that employees make to receive benefits without proof of negligence. If your construction site accident involved your employer’s negligence, speak to a lawyer before giving up your right to sue.
Explore Your Options at Bryan & Terrill Law
Before you file for workers’ compensation, contact Bryan & Terrill Law. You could have grounds to bring a personal injury lawsuit against your employer – a legal action that typically results in greater compensation than a workers’ comp claim. You could recover for your medical bills, total lost wages, lost capacity to earn, disability costs, pain and suffering, and other damages with a PI claim.
It is possible for an injured construction worker to recover benefits through the workers’ compensation system and a personal injury lawsuit, if the accident involved third-party liability. Construction zones often have several third parties that could cause injury to workers, including coworkers, drivers on a nearby roadway, third-party contractors, product and equipment manufacturers, and property owners. If a third party contributed to the injury, the worker could potentially be eligible for compensation through both outlets.
Gain a better understanding of your individual options after a construction accident in a conversation with one of our construction accident attorneys in Tulsa. We’re here to listen to your story, investigate the scene of the accident, and outline your options moving forward. If we recommend filing a personal injury claim against your employer or another party, we may offer to represent you as our client during this process. To speak with a lawyer during an in-office or phone consultation, call (918) 934-2777.