Due to the nature of the industry, construction accidents are quite common and can often lead to serious injuries and even death. The laws in different states require all contractors to ensure the safety of the construction workers and visitors on the worksite. This means that if you were involved in a construction accident, you are eligible to receive compensation for your injuries. There are different measures that you should take to ensure your rights after a construction accident, and this guide will walk you through all the necessary steps.
Report the Accident
The first thing that you should do is to report the accident immediately to your supervisor. You should not delay reporting the accident since this can compromise your claim. It is essential to be truthful when you report the accident to your supervisor. You can also ask witnesses to provide details that can support your case. You should ensure that your supervisor writes an accident report that you will use when you file for compensation. If possible, you also need to write everything that transpired and keep the details in a safe place.
Get Medical Treatment
You should prioritize your health, so you need to get checked for your injuries. Even if you do not feel any pain immediately after the accident, you must get a medical examination. Some injuries can manifest later, and it may be difficult for you to claim compensation in such a situation. When you seek treatment, your doctor will write a medical report that is used to determine the settlement that you can get. It is vital to follow all the instructions that you are told by your doctor. Failure to adhere to treatment procedures can compromise your claim if the employer argues that you are faking an injury.
Seek Legal Advice
In most countries, all employers are required to provide workers’ compensation insurance to their employees, which makes the employer responsible for handling your compensation claim. However, you may still need to hire a specialized lawyer if you have suffered a personal injury to get legal advice about the steps that you can take if the insurance company representing your employer offers very little compensation. This is often the case whether you work in Vancouver, Sydney, or anywhere else in the world. Your lawyer will help you pursue the other possible measures that can help you recover a fair settlement. Personal injury lawyers have experience in dealing with similar issues, and they will be able to negotiate for maximum compensation on your behalf.
Document Everything
The other important thing that you must consider is to document everything soon after a construction accident. For instance, you can take photos of your injuries and the place where the accident occurred. Photos are reliable since it is not possible to tamper with them. The workers’ compensation body can dispute the claim if it lacks solid supporting details. If possible, get more details about the accident from your workmates to improve the credibility of your case.
File a Compensation Claim
Filing a compensation claim is different from a lawsuit. A claim involves a request for settlement to recover your medical expenses or lost wages. When you notify the employer of your request for benefits, you will get a form that you must complete. The employer will take care of everything once you provide the necessary documentation. You should remember that there is a period that you must file your compensation, otherwise, you may not get the benefits you deserve. The statute of limitations varies by state, so you must find out the regulations in your area.
Appeal a Denial
If your compensation claim is denied, you can appeal it through the assistance of your lawyer. Most compensation claims are denied if the employer suspects that you already have a pre-existing condition in the area where you have been injured. In such a situation, you can appeal the decision to get compensation for your injury. When the employer is not cooperative, you may need to file a lawsuit at the court of law to recover damages for your workplace injury. Filing a lawsuit is a complicated process. Therefore, you need to enlist the services of a professional injury attorney to increase your chances of getting a fair settlement.
Construction accidents are common, and they often lead to loss of income, pain, and suffering. When you are injured at a construction site, you should report the accident to your supervisor and seek medical treatment right away. Before you file a compensation claim, you should document the accident to support your case. If possible, you should hire a personal injury lawyer to get sound legal advice on how you can pursue your case. If you are not satisfied with the settlement you are offered, you may appeal or file a lawsuit in a court of law.
