The construction industry is infamous for its hazardous working conditions that expose hundreds of thousands of construction workers to potentially-fatal circumstances on a daily basis. In fact, the industry is responsible for a number of fatal and non-fatal injuries per year, making it one of the most physically-jeopardizing sectors in the U.S. 20% of 5000 employee fatalities that occur in private-industry happen in the construction sector.
Therefore, adhering to the enforced safety measures from bodies like OSHA can be a life-saving precaution. Enacting additional steps and purchasing insurance policies to protect your workers and your business can further protect you and your staff from devastating accidents.
The majority of injuries and fatalities that occur in construction are a result of being caught in/between objects, electrocutions, sudden falls, and being struck by incoming objects. Here’s what you should do in the case of a construction mishap.
Seek immediate medical attention
In the event of an accident, your health and safety should be your main priority. Seek immediate medical attention, regardless of the severity of the injury. Some severe injuries like concussions may not exhibit heir symptoms immediately, so it’s best not to make any assumptions; Leave it to medical professionals to make an informed assessment.
Addressing the injury earlier (i.e. proactively visiting the doctor) gives a patient a better chance of making a full recovery and resuming your normal routines quickly. Seeking medical attention immediately will also benefit you if you choose to pursue a personal injury lawsuit or file a workers’ compensation claim. These doctor visits serve as evidence of the existence and the extent of the injuries you sustained.
Hire a lawyer
It can be challenging to determine who is responsible for an accident you were involved in, especially in the field of construction work, as many parties are responsible for managing the site.
An important step in most cases is pinpointing the person(s) overseeing safety, which is often the responsibility of the general contractor. Once you locate the safety representative, the case isn’t resolved quite yet. You’ll need to read and understand contractual language, sift through pertinent rulebooks, and tackle several potential insurance issues.
The process can be overwhelming, so it’s best to seek the services of expert attorneys. Many construction accident attorneys in NYC can help you file your claim and pursue third-party suits against contractors, owners, subcontractors, and others. Your lawyer will preserve any useful evidence and explain any federal and state regulations that may apply to your case.
An experienced attorney will investigate the accident’s cause to determine if you should pursue a personal injury or workers’ compensation claims. After proving liability, the lawyer will then focus on getting damages from the accident.
Personal injury claims pay more, but it’s best to consult your lawyer before making any decisions. The attorney can also handle your appeal if your application is denied or is deemed unsuccessful.
Inform your employer
After receiving the medical help you need, inform your employer of the accident immediately. Several states have specific timeframes for reporting workplace accidents, so to stand a chance of receiving compensation, do it as quickly as possible. When making the notification, do it in writing, keep a copy, include every detail, and be specific.
Notifying your employer accelerates the process of making your claim, receiving your compensation, and raising the validity of your case to the court, employer, and insurance company. Reporting the accident allows your employer to make necessary arrangements towards the prevention of future occurrences, as mandated by the Occupational Safety and Health Administration (OSHA). Your efforts will help to promote the safety of your colleagues and other local construction workers, too.
Gather the evidence
Comprehensive summaries of the incident facilitate prompt compensation. Gather as much data as possible concerning the injury and accident. Request for the contact information of the accident’s eyewitnesses, but do not discuss the accident with them. Keep records of your medical expenses and begin documenting the effects of the accident on your life.
Additionally, save written copies and write down verbal correspondence between you and your employer. It would also help if you checked the existence of security cameras aimed at the location, as they may offer undisputed evidence.
If possible, return to the scene of the accident to take photographic evidence of the site itself and all relevant equipment. You should also take photos of visible injuries and the clothes you were wearing. It’s essential to keep the clothing in its current condition following the accident, so you can safeguard any evidence. For instance, even a small tear can provide much-needed evidence to validate your claim.
Know your rights
Workers in all the states are entitled to the workers’ compensation covered in the employer’s insurance, so if you get injured at your construction site, you can make a claim to cover any medical expenses, missed wages, care costs, and even funeral costs. The law limits some construction workers to compensation from job site accidents only, so they cannot make third-party claims
If hazardous conditions and infringements of job safety are not the cause of an injury or accident, the victim can still receive compensation from the responsible party, just not the employer. For example, a worker can file a personal injury suit against the manufacturer of faulty equipment.
Conclusion
A construction accident can be terrifying and overwhelming, but you have to be proactive in your approach—especially in the case of filed lawsuits and workers’ compensation claims. Understanding your rights, responsibilities, and working with a skilled attorney can help streamline the process of receiving compensation.