In accidents of this nature, it is imperative to contact a personal injury firm with expertise in these types of cases. The injured worker is assuredly a candidate for a workers’ compensation action. Those hurt at work may make a claim that is comprised of three parts:
- First, they are entitled to authorized medical care. This means that other than the initial emergency treatment, the workers’ compensation carrier chooses the medical providers to whom they will afford benefits.
- A person who is injured while in the course of their employment is also entitled to receive replacement pay for the period of time they are out of work. This is different from state disability benefits. The amount paid is generally based on an average of earnings for the 26 weeks before the accident.
- The third part of a workers’ compensation claim is an award for partial total disability benefits. There can also be a total disability claim under this law. In this instance, it will be necessary to ascertain the extent of the injuries suffered by the worker who fell through the skylight. Generally speaking, most insurance companies will not make a voluntary offer to settle this part of a claim. An attorney skilled in workers’ compensation claims may be able to negotiate additional monies on behalf of the injured worker.
There are other potential claims, which suggest this case might require further investigation. Was it actually the worker’s own tools that caused him to trip? Alternatively, is there the possibility that some other company’s employees carelessly left the equipment on the roof? Was there something wrong with the roof itself? These and other issues would require analysis of an attorney skilled in these types of cases.
The Law Offices of Anthony Carbone is highly skilled in workers’ compensation cases. In addition, the firm has over 25 years in handling related cases against the entities who may be responsible for a worker’s injuries. If you have a case that you think may have merit, please contact us for a free consultation.