How to File a Construction Injury Claim
Construction workers are often at a high risk of encountering workplace accidents. This is due to the nature of their work. A construction site accident can result in serious injuries. These injuries can range from falls to vehicle accidents or even death. Defective equipment, lack of safety measures, or negligence can contribute to these accidents. As an injured construction worker, it's crucial to understand your legal rights. You should know the steps to file a construction injury claim.
Due to the dangerous nature of construction work, construction injuries occur frequently. There are many safety programs, regulations, and inspection procedures to prevent injuries on a work site. Unfortunately, injuries still occur. This is due to hazards like falling materials and electrocution. Injuries can also result from exposure to dangerous chemicals. Repetitive motion injuries and unsafe equipment are also construction site hazards.
If you've been injured in a construction accident, you might want to make an injury claim. These claims can allow you to receive compensation for your injuries. Read on to learn more about construction injury claims and how to file a claim.
Step 1: Seek Immediate Medical Treatment
The first step after a construction site accident is seeking immediate medical treatment. Ensure that all injuries, even minor ones, are properly assessed by a medical professional. Your health comes first. You also need a record of medical expenses and medical bills to back up your claim.
Step 2: Report the Workplace Injury
Next, you should report the accident to your supervisor or the construction company. Once you've received treatment, you should report the injury to your employer. You should do this in writing and keep a copy for your own records. At this point, you may also want to contact an attorney experienced in construction injury claims. Talk to them about your legal options.
Many will help you complete an incident report, which is crucial for your claim form. This report should detail what happened. It should also detail when and where it happened. The report should include the parties involved and any potential witnesses.
Injuries that occur on a work site are typically subject to workers' compensation regulations. These rules can restrict your right to file an injury claim against the parties responsible for your injuries. An experienced attorney can explain how workers' compensation and personal injury claims intersect. They can also help you determine the best course of action for your case.
Step 3: File a Workers' Compensation Claim
Most construction workers are covered under workers' compensation insurance. This system provides workers' comp benefits to employees injured on the job. To initiate your claim, you need to submit a workers' compensation claim to your company's insurance company. These benefits can cover medical bills. They can also cover part of lost wages (typically around two-thirds) and disability benefits in case of severe injury.
Workers' Compensation Claims vs. Personal Injury Claims
Workers' compensation is a form of insurance required by law to provide a predetermined amount of benefits to injured workers, no matter who caused the work-related injury. Workers' compensation programs include coverage for:
- Medical care
- Temporary disability
- Permanent disability
- Vocational rehabilitation
Most workers' compensation laws limit the monetary amount employees can recover from their employers. They also prohibit injured employees from suing their co-workers. Because workers' compensation is meant to be a substitute for costly lawsuits against employers, workers' compensation will be your only remedy for a work injury unless a third party caused your injuries, such as the manufacturer of a faulty product.
Step 4: Consider a Third-Party Lawsuit
While the workers' compensation system offers some financial aid, it doesn't provide compensation for pain and suffering. If another party (like a subcontractor or equipment manufacturer) contributed to your accident, you might file a third-party claim against them. In this personal injury case, you can seek additional reimbursement beyond the workers' comp benefits.
Handling Claim Denials and Returning to Work
Even after following the right procedures, it's possible the insurance company may deny your workers' comp claim. Reasons for denial range from incomplete paperwork to disputes about the nature of your accident or injury. Don't despair, as you have rights and options for appeal. You can learn more about the next steps if your workers' comp claim is denied here.
Eventually, you may reach a point where you are medically cleared to return to work. This process might seem daunting, especially if you've been out for a long time due to your injuries. You should understand your rights regarding returning to work after a workers' comp claim. For instance, you might be entitled to vocational rehabilitation. You might have the right to a suitable job, depending on your state's laws. It's helpful to understand these rights when returning to work.
Through each step of this process, remember that a qualified construction accident attorney can be your best ally. They can navigate the complexities of the system, advocate for your rights, and guide you toward the best outcome possible.
Get an Attorney To Review Your Claim
A personal injury lawyer or, more specifically, a construction accident lawyer, can guide you through the legal process. They can help identify the liable party. These accident attorneys have the expertise to navigate the often complex legal procedures surrounding construction accident claims. In the event of death, attorneys can also advocate for death benefits.
If you would like to make a workers' compensation claim, contact your employer. If a third party caused your injury, you can file a claim in civil court for damages. However, before filing your claim, it may be in your best interest to meet with a workers' compensation attorney in order to determine your options moving forward.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified workers' compensation attorney to make sure your rights are protected.