Been a Victim of a Construction Accident? Hereâs What You Need to Do
By: John Garcia | Date Posted: October 22, 2021
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Have you Been a Victim of a Construction Accident? The construction business is a very hazardous one and accidents are just another part of the job. Itâs estimated that around 150,000 accidents happen on construction sites every year according to the BLS. If you have suffered a construction accident and were lucky enough to live through it, there are some important steps that youâll need to take to recover as soon as possible. You might also have recourse against your employer if you can demonstrate negligence. Letâs take a look at what you need to do if youâve suffered from a construction accident.
Get Immediate Medical Attention
Even if you feel as though the symptoms youâre feeling are minor at the moment, you need to speak with a doctor immediately. They will be able to look at your situation more in-depth and see whatâs really going on. Some issues may only manifest themselves later, and getting the situation diagnosed quickly will prevent deterioration and allow you to get back on your feet faster. Going to a doctor early will also be important from a legal standpoint.
Report the Accident
You then have to report the accident as soon as possible to your employer. Some states will have statutes on how long after the accident you can report it, and even if your state doesnât have any, reporting the accident quickly will accelerate the workersâ compensation claim process. It will also show the seriousness of the case. Not only that, but your report will help your employer make adjustments that will make these accidents less likely to happen in the future.
Get as Much Information as Possible
If other people see the accident, their accounts will be very important for your case. Donât be too forceful if they hesitate to give information, however. Your lawyer will be able to help you with this at a later date, so donât take the risk of angering a potential witness by being too pushy.
You should also gather as much visual evidence on the scene as possible. Pictures will play a huge role if the accident was caused by faulty or a lack of safety equipment. Also, show any damage you suffered on your body or any damage to your equipment. You also need to record any medical expenses you had to make and any correspondence you had with your employer, whether itâs written, through phone, or face to face.
Gather Names And Photos
We need to talk more about gathering evidence since after being injured in an accident at a construction site, there is a high possibility you will not physically be able to gather all the photos you need and the names of witnesses. If this is the case, the best thing you can do is to talk to a colleague who can do this for you.
Something as simple as a few photographs that document unsafe working conditions will make a huge difference in your future claim. And all that is really needed to get such proof is a smartphone.
Been a Victim of a Construction Accident
What you have to remember is that the investigation of what happened needs to be fast. Witnesses can easily end up being influenced by some external factors. For instance, being afraid of facing repercussions is quite common. When you manage to secure cooperation as early as you can, you reduce the possibility that some people will do some irreparable damage to your case through sheer intimidation.
In the event that you do not have anyone who could help you, the best thing you can do is to hire an attorney as soon as you can. More on that will be mentioned below but the basis is that attorneys can perform the investigation on your behalf and can gather the proof you will need.
Taking Advantage Of Workersâ Compensation
In all US states, there are specific laws that dictate protection for workers through workersâ compensation. Basically, this means the company has to offer such insurance coverage with the purpose of protecting employees against injuries during construction work. Through workerâs compensation, some benefits are offered to cover lost earnings and medical treatment.
The problem with workersâ compensation is that you need to file a report and even preparing it can be difficult. You need to let your employer know that something happened for the benefits to be received. While reports are not at all lengthy the great thing about this insurance is that you do not need much proof. But, there are time limits and rules that apply. Not respecting them will lead to losing full benefits. When this happens, the only option remaining is a lawsuit. This is also the case in the event that the insurance of the employer does not cover the full extent of your injuries and losses following the construction site accident.
Contact a Lawyer
There are two possible remedies if youâve suffered a construction injury, and a lawyer will be able to tell you which one is the best for you. You can file either a workerâs compensation claim or a personal injury claim. If the accident occurred on a construction site while you were performing your normal duties, then a workersâ comp claim will usually be the way to go.
Things become a bit more complicated, however, if you were doing something like performing renovations on a property and a sub-contractor or someone working for them caused the injury. In this case, we would suggest that you speak with a renovation accident lawyer who has extensive experience working with these types of cases and who understands all their intricacies.
This is all you need to do after youâve suffered a construction accident. The most important steps are getting medical help as soon as possible and gathering as much information on the scene as you can so you can build a solid case. And it is highly recommended to hire an experienced accident lawyer to help you out. This is especially the case when there are problems with workersâ compensation policies or they do not cover the full damages caused.
Thank you for reading!
