Rebar injuries often occur in falls, leaving victims with puncture or impalement wounds that may go all the way through.  If anything inside gets hit, these injuries could be life-threatening, especially with multiple impalements.

For construction workers, Workers’ Compensation is typically available to cover construction site injuries if they happened within the course of your work.  However, getting full compensation may require a lawsuit because some damages (e.g., pain and suffering) are not covered through Workers’ Comp.

For help with your case, call the attorneys for rebar impalement injuries on a construction site at Graves Injury Law Firm right away at (305) 614-2767.

Requirements for a Workers’ Compensation Claim for Impalement

To file your Workers’ Comp claim as a construction worker, you have to meet these requirements.

Employee Status

Only “employees” can be covered through Workers’ Comp.  Many construction workers are contractors, subcontractors, or sole proprietors that, in any other field, might be considered “independent contractors” and be ineligible.

However, in the construction industry, all of these positions are considered “employees” anyway, giving them coverage.

Work-Related Accident

If your rebar impalement – or any other injury – happened within the course and scope of your work, then it should be covered.  This essentially means that it must occur while working, and while you are doing tasks that are part of your work (as opposed to while you were on break or horsing around).

Disabling Injuries

Some impalement injuries are going to be severe enough to require immediate surgery, which should be covered, but you need to lose at least 7 days at work before your injury qualifies you for wage-loss benefits.  The first 7 days are not paid unless you get up to 21 days of disability.

For injuries to internal organs or injuries that significantly interfere with functionality, you could easily spend months or years in recovery before you can get back to full-time work.  Many impalement injuries happen from falls, which could also mean suffering other injuries like head trauma in the same accident, leading to long-term disabilities.

Timely Notice

You have to notify your employer of your injury within 30 days to qualify for benefits.  This notice starts your claim, so do not file it late.

Even if you think your employer should obviously know about or remember such a catastrophic or dangerous accident, you still need to provide notice.

Can You Sue for Rebar Impalement Injuries?

Most accidents involving rebar impalement are going to involve falls into the rebar.  This could be caused by something your employer or a coworker did – or something you did yourself – which would usually bar a lawsuit.

Even so, lawsuits might be available in certain situations.

Third Party Requirement

However, if outside third parties were responsible for either leaving the dangerous rebar exposed or causing your fall, you could be entitled to sue them.  This could involve suing another outside contractor or construction firm for leaving the exposed rebar or suing the property owner for failing to warn about the dangerous conditions.

An accident could also be caused by defective scaffolding or ladders, which could lead to a lawsuit against those manufacturers.

Proving Fault

Unlike in a Workers’ Compensation claim, lawsuits require you to prove fault.  You must show that the outside third party caused the injuries because they breached a legal duty they owed you.

Additional Damages

A lawsuit can pay damages that Workers’ Comp does not cover, such as the full value of your lost wages and pain and suffering damages.  Sometimes the only way to recover fully is to file a lawsuit.

Recovering Twice

If you recover damages twice from both Workers’ Comp and a lawsuit, such as your medical bills, then your employer can file a subrogation claim to get paid back for the money they spent on your benefits.  This prevents you from getting paid twice for the overlapping damages but lets you keep additional damages, like pain and suffering payments.

FAQs for Construction Accidents Involving Rebar in Miami

Who Pays for Workers’ Comp for Impalement Injuries?

If you were hurt at work, then your employer pays for your injuries.  Workers’ Comp is a no-fault system, so your employer foots the bill regardless of how the accident happened, as long as it was related to your work.

They typically have insurance, so the money actually comes from the insurance carrier.

I’m a Contractor; Do I Qualify for Workers’ Comp?

Construction contractors (and subcontractors) are included in the definition of “employee” for Workers’ Comp purposes.  Even if you are paid with a 1099 and consider yourself a “contractor,” you do not count as an ineligible “independent contractor,” and your employer should cover your injuries.

What if I Caused My Accident?

You may be unable to file a separate lawsuit if you caused your own accident, but you can still file a Workers’ Comp claim.  Workers’ Compensation is a no-fault system and pays even when workers cause their own accidents, as long as you did not injure yourself on purpose.

How Long Does My Case Take?

If your employer is willing to pay, it can take a few weeks before they start paying for medical care and sending your replacement paychecks.  If they contest the claim, the case is much longer.

Our lawyers for rebar impalement injuries on a construction site can negotiate and try to convince your employer of the overwhelming evidence against them so that they start paying – at least on a temporary basis while the case is carried out against them.  If they refuse to pay, we can file a formal Petition for Benefits and see them in court before a Workers’ Comp Judge.

It can take over a year for a contested case to get all the way through a formal hearing, but most cases settle earlier.

Call Our Workers’ Compensation Lawyers in Miami Today

If you were hurt by rebar on a construction site, call Graves Injury Law Firm at (305) 614-2767 for a free case review with our lawyers for impalement injuries on a construction site.