Workers’ Compensation Benefits of Injured Workers in Illegal Construction Sites

Aug 21, 2014 | WC & Other Laws

Employers should provide safe working conditions for their workers. Failure to do that, employers run the risk of paying fines or being subjected to civil litigations. One company might be subjected to these and more after a serious injury occurred in its construction site. reported an accident involving a Philadelphia construction worker who is now in critical condition after touching unprotected electrical lines. He was working on the roof of the construction site when the accident happened. Due to the electrocution, he fell off the roof, fractured his back, and is now in a coma. He is also due for heart surgery. The company had no proper building permits, thus making the construction illegal. It was only after the accident that the contractor secured proper building permits.

Clearly, without having to go through the details, when an employer fails to provide safe working conditions for its workers, the employer should be held responsible in cases of injuries such as this. Had the employer applied for a building permit, the construction site would have been inspected first and safety precautions would have been in place. The accident would have been prevented.

Fortunately, the 35-year old construction worker is protected by the Workers’ Compensation Laws. These laws are created to uphold the rights of employees to compensation for illnesses and injuries that they sustained while on the job.

Workers’ Rights under Colorado Laws

In Colorado, all public and private employers are obligated to provide Workers’ Compensation insurance for their employees. A person is generally presumed to be an employee if he is hired to perform services for pay. So, if you are an employee and you suffered an injury or illness while at work, you may file for compensation benefits. The Workers’ Compensation covers medical care, disability pay, compensation for permanent injuries, and in case of death, benefits to dependents.

Also, under Colorado Workers’ Compensation, it does not matter whether there is negligence or intentional wrongdoing in order to claim compensation. As long as the injury occurred in the course and within the scope of your job, you will be entitled to benefits even if the worker is at fault. The amount that you will receive will depend on the seriousness of the injury and the amount of time that you would be required to recover from the injury suffered.

Since workers’ compensation law is very complicated when you suffered an injury while at work, make sure to seek the assistance of an experienced workers’ compensation attorney. This will ensure that you will receive all the benefits that you are entitled to.

Also, do not forget to notify your employer of the injury and to seek medical care even if your employer tells you not to seek medical assistance. Afterward, get a lawyer immediately to assist you throughout the process even if the employer and the insurance company already agreed to provide you with benefits. There might be other benefits that you are entitled to that they won’t readily tell you.

If you have any other questions, feel free to contact and consult with us. Kaplan Morrell attorneys have handled many cases of workers’ compensation in Colorado. Call Kaplan Morrell today at 303.780.7329 for a FREE CONSULTATION.