Construction workers face the most dangerous and potentially deadly conditions in any industry. They are often surrounded by heavy machinery, power tools, electrical current, falling object, and toxic substances. For that reason, they make up the majority of workers’ compensation claims. Thankfully, liability is not a factor when filing for workers’ comp, but sometimes you have to take a different approach to recover your losses. If you have questions about liability and how that affects your right to compensation after a construction site accident, a personal injury attorney can help you understand the best options available, given the circumstances of your case.
Is Workers’ Compensation Your Only Option Following a Workplace Injury?
Every state mandates the laws governing workers’ compensation requirements, but all contractors and construction companies must provide employee coverage. Should an accident occur on the job, you have the right to file a workers’ comp claim and receive compensation, even if you are liable for the accident. Additionally, workers’ comp protects your employer from potential liability claims. In some cases, you may need to bypass or supplement a workers’ comp claim and file a lawsuit to get the compensation you need. Examples of these potential cases include:
- If your injuries were the result of a negligent third-party, such as someone driving a vehicle
- If your injuries occurred because of a malfunctioning piece of equipment or product
- If your injuries were the result of an intentional attack
- If you suffer from an illness caused by working with a toxic substance
Not all construction site injuries are the direct result of some incident that occurred within the scope of your job duties. For example, if you were working at the site and within the designated physical boundaries when a reckless driver ignored road signs and hit you, you would file a personal injury claim against the driver rather than a workers’ compensation claim.
What Are the Potential Types of Lawsuits From a Construction Site Accident?
Sometimes it makes more sense to file a lawsuit against a third party as well as a workers’ compensation claim. For example, if you sustained an injury caused by a malfunctioning piece of construction machinery, you can hold the manufacturer responsible in a product liability case.
On rare occasions, you may bypass workers’ comp insurance and sue your employers. For example, employers have a legal responsibility to uphold the safety regulations set by the Occupational Safety and Health Administration. Therefore, if a contractor or sub-contractor fails to meet OSHA’s requirements, effectively breaching the duty of care an employer owes to their employees, you could sue them for the resulting damages. The caveat is that you must prove that their breach of duty directly caused the accident that resulted in your injuries.
When Should You Contact a Construction Site Accident Lawyer?
If you have any questions about the specifics of your case, you can contact a construction site accident lawyer for more information about the legal avenues to compensation. Some specific signs that you may need representation include:
- The insurance company or employer denied your workers’ comp claim, and you need to file an appeal.
- Your accident resulted in severe injuries that require substantial medical care and extended time off from work.
- Your accident and injuries directly resulted from someone’s negligence on the job.
- You lost a loved one from a construction site accident injury.
- The accident or police report does not accurately reflect the events leading up to and following your injury.
Anytime the circumstances surrounding a construction injury are questionable, you should talk to an attorney. Most personal injury attorneys work on contingency, meaning they only agree to represent you if they confidently believe you have a strong case because they only receive payment for their services once you receive compensation for your losses.
How Can You Protect Your Right to Compensation After a Construction Site Accident?
In the immediate aftermath of a construction site accident, there are some essential steps you can take to protect your health and right to compensation. By taking the proper precaution and following company reporting policies, you should receive the full workers’ compensation benefits package. If you need to file a lawsuit, these steps will also help you gather the evidence and information needed to file a successful lawsuit. The appropriate steps include:
- Seeking medical treatment. Even victims of minor injuries should see a doctor immediately following a workplace accident. Leaving any time between the accident and medical care creates a window of doubt for the insurance company to exploit. Additionally, some injuries can progress silently and cause irreparable damage without early interference.
- Report the accident and your injuries. As soon as the accident occurs, report it directly to your supervisor. If your injuries left you incapacitated at the time, talk to eyewitnesses, and ensure the accident report accurately reflects the details of what happened.
- Make a written or recorded note of what happened. You can write down the details, including when, where, and how the accident occurred and who was there. If you can, use your phone to document the scene and your injuries in a video, narrating the accident details as you record.
- Gather all relevant documentation. Collect your medical records, images or videos taken at the scene and of your injuries, a copy of the accident report, and a list of any equipment or tools involved in the accident.
- Collect contact information from witnesses. Construction sites are busy places, and most accidents have witnesses. Collect their names and contact information.
Bring all this evidence to your initial meeting with a construction site accident attorney. With a detailed picture of your accident, they can better assess the next logical steps to help you get the compensation you need to get back on your feet.
What Are the Advantages of Having Legal Representation?
Getting compensation for medical expenses and lost income following a construction accident is not always as easy as one hopes. Several factors can complicate a workers’ compensation, and insurance companies are known for using unfair tactics to avoid hefty payouts. Whatever the circumstances of your case, if you are struggling to access compensation, you would benefit from speaking to a personal injury attorney with experience working for construction site accident victims. Some ways they can help you include:
- Talking to the insurance company in your place
- Offering professional insight into the legal options available to you
- Identifying a liable party should a third party have caused your accident
- Calculating the damages in your case to ensure you receive fair compensation
- Talking to experts who can help support your claim
- Advising you of your rights and protecting you from anyone who may intend to violate them
At Jason Stone Injury Lawyers, we have seen the devastation a construction site accident can cause the victims and their families. Our commitment is to ensure you get the maximum compensation available so you can focus on healing without the burden of financial stress. The first element of the Stone Cold Guarantee states that we only get paid when you receive an award or settlement. Therefore, you have nothing to lose and everything to gain from contacting us for your free consultation. Call Jason Stone Injury Lawyers at (800) 577-5188 any time, day or night, to schedule. There’s No Obligation, Just Information (R).
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