A Guide To Filing Construction Accident Claims

The construction industry, while incredibly important, is one of the most dangerous fields to work in. The potential for accidents is everywhere, even if all the necessary precautions are taken to keep employees safe.

According to the Occupational Safety and Health Administration (OSHA), most construction accidents result from falling, but plenty of other accidents can happen. If you’ve been injured on a construction job after a construction accident, you can seek legal help.

Seeking legal assistance can get you the compensation you deserve to assist with any medical bills and lost wages from being out of work while you heal. If you’ve been injured and want to file a claim for a construction accident, here’s your complete guide on how.

Seek Medical Attention

Before doing anything else, if you’re injured on a construction site, you’ll need to seek medical attention. Even if you believe your injury isn’t that bad, if you plan on filing a claim, you’ll want to see a healthcare professional so they can assess the extent of your injury with you. With proper medical intervention, you can also prevent any further health complications and ensure complete healing and recovery.

Thankfully, many medical professionals specialize in treating work-related accident injuries and pain. For example, if you suffered a traumatic brain injury in a construction accident, a workers comp neurologist can help. They’ll examine you, document your injury, develop a treatment plan, and aid you in your recovery.

On the other hand, getting yourself checked by a medical professional allows you to have adequate documentation of your injuries. This documentation can include medical reports, witness statements, and photographs, which you can use to prove that your injuries resulted from a construction accident.

Notify Your Employer

In most cases, the construction workers’ employer is aware an accident occurred at the time of the accident or soon after.

Suppose your boss isn’t around to see the accident, and you’ve already left for the hospital. In that case, you’ll want to ensure you, or someone else notifies them as soon as possible so they can contact their liability insurance provider and address why the accident happened in hopes of preventing another.

Seek Legal Counsel As Soon As Possible

If you plan to file a claim, you’ll need to contact legal counsel as soon as possible. Waiting for a long time after the accident can make your case much harder to fight and prolong getting the compensation you deserve.

You’ll want to find a good lawyer knowledgeable about worker’s compensation claims. Ideally, you’ll want to hire someone who has previously handled accidents in the construction field because they’ll know more about the laws and safety precautions your company should have taken to prevent the accident.

Moreover, seeking legal counsel after a construction accident can help you in several ways. Aside from understanding your legal rights and options, they can assist you in collecting evidence to support your claim, negotiating with the insurance company, filing a lawsuit if necessary, and representing you in court.

The sooner you work with a lawyer, the better your chances of receiving the compensation you deserve.

Notify Your Insurance Company

If you have health insurance and seek medical attention after a construction site accident, there will be documentation of this. The hospital or physician’s office will file a claim with your insurance to help cover the costs, which will benefit you in filing a claim to receive compensation for the accident.

Depending on your insurance provider and lawyer, the attorney can help you speak to the insurance provider and file a claim with them. This is especially true if the insurance company employs tactics that could reduce your settlement offer or deny your insurance claim. Some common tricks that insurance providers may use include delaying the claim process, shifting the blame for the accident on you, and asking you to provide a written statement.

Fortunately, an attorney can help protect your rights and interests to ensure you get the necessary compensation.

Gather Important Documents and Evidence of Negligence

Your lawyer will also handle this step, but you’ll want to gather as much evidence as possible that supports your claim. Maybe you’ve consistently spoken to your boss about improving safety conditions, and they still need to. If there’s documentation of those interactions, you’ll want to ensure you notify your attorney immediately.

Types of evidence you might want to provide to your attorney’s office include:

  • Photographs of the accident scene
  • Photographs of your injuries
  • A video walk-through of the location where the accident occurred
  • A recreation of the accident to prove negligence
  • Witness accounts from anyone who saw the accident
  • Accounts from other construction workers who were previously injured on the same site

Your attorney and legal team will do their due diligence in digging for any other signs of negligence at the construction company’s fault. Still, you can make things move quicker and smoother by providing everything. The more evidence you have, the better your chance of getting compensation for your troubles.

Final Thoughts

Construction workers work in a dangerous field. Thousands of deaths are attributed to construction site accidents each year, and even more, injuries don’t result in death. You can receive compensation for your troubles if you’ve been injured on a construction site through no fault of your own. The above guide will set you on the right path.

Photo of author

Libby Austin

Libby Austin, the creative force behind alltheragefaces.com, is a dynamic and versatile writer known for her engaging and informative articles across various genres. With a flair for captivating storytelling, Libby's work resonates with a diverse audience, blending expertise with a relatable voice.
Share on:

Leave a Comment