It has been repeated ad nauseam that construction sites are dangerous, and the work equally risky, but that is because failure to follow safety regulations often make the dangers of construction sites worse than they should be. This applies equally to employers and employees, and the only way to really drive it home is to always keep it in the forefront.
When a worker is injured on a construction site in the course of his or her duties, workers’ compensation insurance typically kicks in. However, if the worker who is driving home is involved in a car accident involving a construction site vehicle, this is outside the scope of workers’ comp, so it becomes a more complicated issue.
Workers’ comp is typically no-fault coverage, so there is no need to establish responsibility for the accident or injury to make a claim. In the case of a personal injury claim such as in the example above, however, the claimant must prove that the other party i.e. construction vehicle driver was negligent to some extent. The burden of proof is entirely on the plaintiff, and this is not an easy undertaking. It is still a viable case with the right legal representation, but it will still take considerable time and effort to prepare and file a case.
According to the website of the Hankey Law Office, in cases where the injury is so severe that the victim is out of commission for an extended period or even becomes no longer capable of working, there may be no choice but to make a disability claim if the accident was due to negligence. It is possible to get disability benefits from Social Security if the worker has enough work credits to qualify. These credits are built up over time, only a few per year of work where the employee was taxed for Social Security. Nevertheless, being able to qualify for Social Security does not mean that compensation should not be sought from the responsible parties, especially if the medical and associated expenses are considerable.
If you have been injured through no fault of your own, you need to set things right. Engage the services of a personal injury lawyer in the area to help you get through the situation.