According to the Occupational Safety and Health Administration, more than 300 construction workers are killed every year in falls. In fact, these types of accidents account for most deaths on construction sites. However, if you suffered harm due to a fall on a construction site, a lawyer can identify your legal options.
In the below guide, we will discuss in detail what happens after a fall on a construction site and the legal actions you must take to protect your legal rights.
What Actions Should You Take After a Construction Accident?
Protect your health and safety after a construction accident as well as your ability to pursue financial remedies after an accident. These steps include:
Call the Authorities Immediately
Following a construction accident, you need to call for help immediately. If you cannot do this yourself, yell for someone around you to contact the authorities on your behalf. Even if you believe your injuries may be minor, you may have suffered serious trauma that can take days to show up. However, the longer you delay getting help, the more debilitating and deadly these injuries can become. For these reasons, it is best to get checked out as soon as possible.
Furthermore, getting this treatment can be critical for your case since the insurance company will try to do everything it can to deny your claim. Delaying medical assistance may give the insurance company the evidence they need to argue that your injuries are not that serious or resulted from a different incident or pre-existing injury.
Thankfully, when a medical professional examines these injuries immediately after the accident, they can document them in a medical report, providing your lawyer with evidence of a direct link between the accident and the trauma you suffered.
Tell Your Employer About the Accident
Once your medical concerns are resolved, alert your employer about the accident and report it to the appropriate parties immediately. Depending on the state where the accident took place, there may be time limitations on how long employers have to report the incident to the insurance company. Failing to meet these timelines may prevent the injured employee from obtaining the compensation they deserve.
Please also note that when reporting your accident to the employer, write everything in as much detail as possible. This account can be used as evidence to help your case, especially if disputes arise about the accident and what happened. Keep a copy of this report for your own records and show it to your attorney.
Contact an Experienced Construction Accident Attorney
Some individuals may mistakenly believe they do not need legal help after a construction accident because they think they can handle this claim alone. However, without an experienced construction accident attorney fighting on your behalf, you may lose out on significant compensation that can help ensure you and your loved ones are taken care of, and you get the medical treatments you require now and in the future.
For starters, once these lawyers are retained, they can gather evidence that can help prove your legal claim, including pictures and videos of the damages endured and the scene of the accident, as well as visible injuries, torn pieces of clothing, and any broken or cracked safety equipment. They can also look for witnesses who saw the incident and get their contact information. These individuals can help you pursue your legal claim since they can corroborate your claim.
Keep Track of Medical Documents
As you get treatment after a construction accident, keep track of all the expenses and bills you incurred. These documents can be used to help you calculate how much financial damages you need to cover all your losses and future expenses. Your attorney can review these bills and treatments to determine this total amount.
Hold on to Any Correspondence From Your Employer
If you have emails from your employer or manager about the accident and the injuries you suffered, save these communications. This also includes any notes you took while discussing the incident with your boss over the phone or when you met with them face-to-face. Then, present this correspondence to your attorney, who can use it to prepare solid legal arguments on your behalf.
What Injuries Can Result After a Construction Accident?
Due to their nature, construction accidents tend to result in devastating injuries and excruciating pain and suffering that can forever change a person’s life.
However, while the severity and extent of these injuries will depend on the accident, the more common traumas associated with construction sites accidents include:
- Head trauma
- Traumatic brain injuries
- Neck injuries
- Spinal cord injuries
- Back injuries
- Broken bones
- Lacerations
- Internal organ damage and internal bleeding
- Severe burns
- Amputations
- Soft tissue injuries
- Facial trauma and eye injuries
- Scarring
- Toxic exposure
- Paralysis
- Wrongful death
Even minor injuries may require extensive medical treatments that can lead to significant medical bills resulting in substantial financial hardships for the victim and their whole family. That is why if you suffered harm in a construction accident, discuss the accident with an experienced construction accident lawyer.
A legal professional can review your damages, figure out the help you need now and in the future, and go after the compensation you deserve.
What Are Your Legal Remedies After a Construction Accident?
Typically, you can pursue two legal remedies after a construction accident:
Workers’ Compensation Claim
Under the workers’ compensation system, an employee can get benefits if they suffered harm in an accident that resulted from the ordinary course of their employment, no matter who was at fault for the accident. However, generally, when you pursue a workers’ compensation claim, you cannot file a lawsuit against your employer for your work-related injury.
These workers’ compensation benefits include:
Legal Action
If your construction accident and injuries resulted from a third party’s negligence, which was not your employer, you may be able to also pursue legal action against all those responsible by filing a personal injury lawsuit.
Yet, to determine which of these options is appropriate for you and your situation, discuss the accident with a knowledgeable construction accident attorney. These lawyers can review your case, figure out which legal options you have, and help you go after the maximum compensation you need.
Filing a Third-Party Lawsuit After a Construction Accident
If you can pursue a lawsuit after a construction accident, you may recover compensation. However, more importantly, you may also recover more than what workers’ compensation claims allow.
Typically, this compensation is split up into the following categories:
Economic Damages
These damages refer to payment for the actual and verifiable losses that result from an accident, including:
- Past and present medical bills due to emergency room stay, overnight hospital stay, ambulance services, doctor visits, surgeries, prescription medications, therapy costs, and other types of medical expenses
- Lost income, lost earning capacity, and lost business opportunities
- Personal property loss
- At-home nursing care
- The cost of obtaining substitute domestic services
Non-Economic Damages
These damages involve payment for the rather subjective and non-monetary losses that follow an accident.
They include things such as:
- Pain and suffering
- Loss of companionship
- Loss of consortium
- Loss of life enjoyment
- Humiliation and inconvenience as a result of the injuries
- Loss of limb
- Scarring and disfigurement
Wrongful Death Damages
A wrongful death lawsuit pays a decedent’s loved ones for the losses they endured following the untimely death of their family member.
These financial damages usually result in compensation for:
- Medical expenses needed to treat the victim before their death
- The cost of the funeral and burial
- Lost earnings the victim earned and would have made in the future
- Loss of guidance the deceased would have provided had they reached their anticipated life expectancy
- Loss of inheritance that the victim would have left their loved ones
- The services the decedent could have provided
Yet, to figure out which of these financial damages you can go after following a construction accident, go over the case with an experienced construction accident lawyer. These legal professionals can review the losses you endured and the circumstances of your construction accident and help you fight for the compensation you deserve.
The Time Limitations Involved in Filing a Lawsuit After a Construction Accident
Before you can file a lawsuit after a construction accident, you need to make sure you still have enough time to pursue this suit. According to the statute of limitations laws, accident victims will only have a certain period of time to file their cases. Yet, while these deadlines will depend on the state and the type of case being filed, in most instances, this time frame will be between one and three years. However, if exceptions apply, these time periods can become even shorter.
For these reasons, if you want to file your case before this runs out, discuss your accident with a knowledgeable construction accident lawyer. These lawyers can help you determine how much time you have to file your lawsuit and submit the appropriate documents and motions before time runs out.
Injured in a Construction Accident? Find out Your Legal Options Today
If you or a loved one suffered serious injuries in a construction accident, you may go after compensation to help you get back on your feet and cover your medical bills and future treatments. However, to know what these financial remedies include, contact an experienced construction accident attorney as soon as possible.
Once hired, these lawyers can:
- Review your case, evaluate whether you have a viable claim, and determine what legal actions you should take next.
- Provide you with the legal support needed to take on this challenging legal claim.
- Obtain the necessary evidence to show what happened and who was responsible.
- Make sure documents are prepared and filed before time runs out.
- Bring in experts to help prove liability, such as accident reconstructionists, doctors, and engineers.
- Take on the negotiation process with the insurance company and fight for a just settlement offer.
- File an appeal if a claim gets rejected.
- Determine if you can pursue a lawsuit and fight zealously for the maximum compensation you need.
For further information regarding your construction accident and the steps you should take next, contact an experienced personal injury attorney today to schedule your free case evaluation and learn how these legal professionals can help fight for you, your needs, and the monetary damages you deserve.
