With so many hazards, construction is one of the most dangerous industries to work in. There were about 80,000 nonfatal construction injuries in 2015, with 985 deaths. In 2018, there were 1,008 deaths, representing 21.1% of all worker fatalities that year, according to the Occupational Safety and Health Administration (OSHA).
A construction site accident can occur due to a slip, trip, or fall; a heavy equipment mishap; or exposure to harmful chemicals. If the cause is due to defective equipment or employer negligence, a lawsuit can result in compensation for damages. It is very important to know what to do immediately following a construction accident, including these key steps:
Get Medical Attention & Treatment
Your safety and well-being are your top priority. First, check yourself for potential injuries, and call 911 if necessary. If able to move, seek medical attention; in any case, get examined and treated by a medical professional as soon as possible. Even if a company doctor or someone chosen by your employer has examined you, see your own doctor as well, and keep copies of your medical records. They can serve as key pieces of evidence later.
Notify Your Supervisor
Inform your supervisor of the accident in writing. Your report should be submitted within 30 days of the accident and include where it occurred, how, when, and any other important detail you can recall. The sooner you write your notice, the less likely you’ll forget key details. The information provided can help obtain or maximize future compensation and help your company avoid similar accidents in the future. In addition to your written statement, you can also collect photographs, security videos, emails, witness lists, and more as evidence.
Observe Any Witnesses
If any co-workers, bystanders, or other witnesses were present, obtain and write down their names and contact information. Witness testimony is crucial should your construction injury lawsuit go to court. Their sworn testimony can be used as admissible evidence and help improve your chances of being compensated for damages. By failing to get witness accounts, you risk being denied any compensation.
Get Legal Advice & Consultation
A construction site accident often results in a serious injury. It can be hard to proceed without expert legal advice, as managing daily tasks, let alone going to work, may be difficult if not impossible. Your attorney can help quantify the damage caused by the accident, pain and suffering, and your financial hardship. They can account for all applicable laws when filing a legal claim, and fight for your rights over the interests of your employer or an insurance company. Starting with a consultation, a construction injury attorney estimate potential compensation and help understand the process of filing your claim.
File a Workers’ Compensation Claim
Your lawyer may also assist in filing a Workers’ Compensation claim. By filing a claim with a state Workers’ Compensation Board, you may receive wage loss benefits and reimbursement for medical expenses. You must submit your Employee Claim Form within two years of the accident or first receiving your medical report.
In addition, you may need to report the accident to OSHA if it was particularly severe. Your personal injury attorney will recommend a course of action. Also, ask about your rights to sue an employer, contractor, or equipment manufacturer, which may be an option depending on the cause and nature of the accident.
Contact The Law Offices of Jacob Emrani
We are a personal injury law firm that represents clients who have suffered construction accident and other injuries. Having recovered millions of dollars on clients’ behalf, we can fight for your rights and negotiate with insurance companies. The Law Offices of Jacob Emrani is open during the coronavirus pandemic to review your claim and provide top-quality legal representation. To speak with our Los Angeles construction accident lawyer and receive a free consultation, call 888-952-2952 today.