An Accident Attorney in Ankeny, IA Represents Construction Workers Who Cannot File for Workers’ Comp

by | May 22, 2019 | Attorney

Top Stories

Categories

Archives

Construction workers who are not employees of a company but instead work on a contract basis may not be eligible for workers’ compensation if they are injured on the job. An accident attorney in Ankeny, IA represents these people by determining who should be responsible for paying compensation to these individuals. Free consultations are generally provided with no obligation to hire the lawyer.

Drivers Causing Accidents

Sometimes, the responsible party is a driver who struck a construction worker on the highway or hit some of the equipment, thus causing a serious accident. The driver’s automotive insurance may dispute the claim for one reason or another, leaving the injured person wondering where to turn. An accident attorney in Ankeny, IA will contact the insurer and begin negotiations.

In some instances, the maximum amount of the policy is too low to cover all the expenses. The lawyer might file a lawsuit against the driver if that individual has enough money or assets to make this a worthwhile pursuit.

Suing the Company

The workers’ compensation system is intended to prevent employees from suing their employers and to provide an insurance fund so employees can receive compensation for lost wages and medical expenses. The worker may be able to sue the company if they were not actually an employee. Suing the company may be possible if the managers pressured workers not to adhere to time-consuming safety standards or did not supply all the safety equipment required by the Occupational Safety and Health Administration, or OSHA.

Suing Equipment Manufacturers

Equipment manufacturers may face a lawsuit if any of the machinery or heavy equipment had an inherent flaw related to the incident. A malfunctioning scaffold can cause a fall, for example.

Consulting a Lawyer

Even when a person is an employee of a construction company and covered by workers compensation, consulting a law firm such as Dutton & Drake can be advisable if a driver caused an accident or faulty equipment was to blame. A third-party lawsuit may be a possibility. The extra amount could cover intangible aspects like physical pain and suffering or emotional trauma. Visit us online to schedule a consultation.