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Is My Construction Accident Injury Covered by Workers’ Comp?

"Colson Hicks Eidson is recognized as one of the top litigation firms in the country, handling local, national and international litigation for a wide range of clients." - Chambers USA

February 12, 2015
Colson Hicks Eidson

Attorney Patrick Montoya Explains Options for Injured Workers

Depending on the nature of an accident that occurs on a construction site, workers’ compensation may or may not cover the expenses incurred by an injury. As construction accident lawyer Patrick Montoya explains here, workers’ comp does not usually cover these types of injuries or deaths, especially if another party, such as an equipment manufacturer, shares some responsibility for the accident.

Video Transcription:

One of the many questions we get when construction accidents occur is “Is my claim covered by workers’ compensation?” It depends on the state you’re in, but often times it’s not. Many times there are product failures. For example, if a product on a construction site is bad, such as a bad girder or a bad piece of steel, and that steel fails and causes injury, then that injury would not be covered by workers’ compensation.

Instead, it would a product failure. We are able to pursue the product manufacturer for that failure and for that injury. We have significant experience in construction defect claims. For example, when another contractor, not your employer, is negligent, then you may be able to pursue that contractor for their negligence and recover for your injury.