Eisenberg Law Offices | Law Firms in Madison WI

Eisenberg Law Offices | Law Firms in Madison WI

Saturday, March 26, 2016

Wisconsin Construction Accident? You Need an Attorney!


Individuals injured in construction accidents should not hesitate to contact a personal injury attorney. Construction jobs, by their nature, are risky. It’s not unusual for accidents and injuries to occur on the worksite. In fact, OSHA reports that over 1,000 fatalities and 400,000 injuries occur on construction sites each year. The Wisconsin Safe Place Law requires that employers keep their premises as safe as they reasonably can, given the nature of their business. This law applies to Wisconsin construction sites, as well. Although it is impossible to keep any construction site completely safe, employers must put reasonable safety measures in place to prevent potential accidents.

Construction accident cases are notoriously complex, as there may be third-party liability. Employees of construction companies that are injured at work in Wisconsin are eligible to receive workers’ compensation benefits. These benefits will cover:
  • Medical bills that are considered reasonable.
  • Temporary total disability (TTD) payments, payable at 2/3 of the worker’s weekly wage until a period of maximum medical improvement (MMI) has been reached.
  • Permanent partial disability (PPD) benefits, payable at a lower rate, determined based on the extent of injuries and disabilities.
  • Retraining benefits, payable at TTD rates, if the employee is laid off due to their injuries. Retraining must be authorized by the Division of Vocational Rehabilitation.
  • Loss of earning capacity benefits in some cases involving injuries to the head, neck, or back.
Please note that workers compensation does not provide any benefits for pain and suffering. Also, PPD benefits are paid at a very low rate and may not adequately compensate for a loss of wages. If another person or entity contributed to your accident and injuries, our Madison personal injury and construction accident attorneys will work to prove the liability of that third-party. In third-party liability cases, we will fight to help you recover the cost of your medical bills, pain and suffering, and actual loss of earnings. In such cases, however, you may be required to reimburse workers’ compensation benefits that have been paid out. Obviously, the complexity of these cases make them difficult to pursue without the representation of a qualified Madison personal injury attorney.

Construction worksites change rapidly, so it’s important to retrieve evidence as quickly as possible. If possible, take photographs of the hazard that caused your injury. Also, make note of any witnesses to your injury. Contact our personal injury attorneys immediately and explain the details of your accident as you remember them. In addition, take a few moments and write down anything you remember about the accident. Arrange for a free consultation with an experienced personal injury attorney at the Eisenberg Law Firm online or by phone at (608) 256-8356.

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