FAQ – Workers Compensation Cases

If I’m injured on a construction site, can I get more than just workers’ compensation?
Yes. Workers’ compensation law prohibits you from suing your employer, but you may sue the owner of the site and even the general contractor — even if they had nothing to do with your injury.

What is a deposition?
A deposition is a statement given under oath, usually done in a lawyer’s office before a court reporter. Witnesses called to testify in a deposition answer questions posed by the attorneys representing both parties in a case. The court reporter produces a written transcript of everything said at the deposition and the witnesses read and sign the transcript. They swear it to be an accurate record of the evidence given under oath. Your lawyer will prepare you beforehand and defend you during the deposition.

What is an expert witness?
An expert witness has specific knowledge in a field that is generally not understood by the average person. Experts usually testify on their opinions. Lay people can testify only to the facts in question. For example, in a medical malpractice case, a doctor is often called upon to testify as an expert. In an accident case, an accident reconstruction expert might be asked to testify as to how, what, and why the accident occurred.

What is a settlement?
A settlement means that you agree to accept money in return for dismissing your claim against those that injured you. Documents must be signed that release the other side of any further liability. A lawyer will help you decide whether to accept a settlement offer, and will try to provide a realistic assessment of whether a lawsuit for your claim has merit and may be successful. They can also offer a range of possible verdict amounts and trial durations. A settlement can take place any time during a lawsuit. It could even occur before or after a case has been tried, but it must occur before a jury delivers their verdict.

What are punitive damages?
Punitive damages can be awarded to penalize a defendant whose conduct is deemed to be especially outrageous. In negligence cases, punitive damages are typically awarded when the defendant’s conduct proves to be “reckless” or “willful and wanton.”

I am not happy with the lawyer handling my case and want to replace him. Can I fire him and retain another lawyer?
Yes, you have the right to replace your lawyer any time. You’re entitled to being treated with courtesy, respect, dignity, and consideration at all times. You’re entitled to have your questions and concerns addressed in a prompt manner. If you’re legal representation is unsatisfactory, then you can withdraw from the attorney-client relationship and get another lawyer. Your decision to hire another attorney will typically not subject you to higher fees.

If I’ve been injured, when should I contact a lawyer?
The sooner, the better. You have limited time to go to court, and if you hesitate, you could be barred from bringing a lawsuit. Additionally, the longer you wait, the more difficult it can be to obtain evidence to support your case. If you have submitted your claim to an insurance company, then the insurance adjuster you are dealing with could have settled hundreds of cases in the past year alone. They are highly trained at negotiations; and it’s very important to be careful and cautious when talking with an insurance adjuster. You might very well need a lawyer to help you.

Do I have to give the insurance adjuster a recorded statement?
Some insurance contracts do have cooperation clauses.However, you might not be obligated to give a recorded statement; and if you do, it could be used against you. Be sure to ask for a copy of the transcript whenever you give a recorded statement.

What is informed consent?
Some insurance contracts do have cooperation clauses.You may not, however, be obligated to give a recorded statement. If you do, it may be used against you. Whenever you give a recorded statement, be sure to ask for a copy of the transcript.

If I’ve gone back to work, and I can’t do the work I was doing before, do I still have a claim?
You may still have a claim if your injuries prevent you from earning as much as you did before your accident, or they may have forced you to take work that doesn’t have the same advancement and salary increase potential as your earlier job may have had. You could even have a claim if you are earning the same wage as before.

Do I need a lawyer to handle my construction injury claim?
Having a lawyer is the best way to proceed. Construction accident cases are very complex, and your claim may involve legal issues of liability, safety regulation compliance, engineering, indemnity, and the amount of damages. An experienced lawyer of construction accident law can help you receive the proper financial and legal remedy.