How to File a Construction Injury Claim

How to File a Construction Injury Claim

The risk of working in the construction industry is significant. Even with the many safety programs and regulations in place, injuries occur regularly, and this industry is considered one of the most dangerous for workers. If you or a loved one has been injured while working construction, knowing where to turn to file a construction injury claim could make a difference in getting the compensation you deserve.

Understanding Prevention and Safety on Construction Sites

Construction workers need to follow safety protocols to the letter to ensure their wellbeing as well as that of other employees and bystanders. But the Occupational Safety and Health Administration (OSHA) also sets forth a long list of regulations that the employer must follow.

Some of the requirements of employers through OSHA include:

  • Provide safe equipment and tools
  • Remove any workplace hazards
  • Display and inform employees of OSHA regulations
  • Provide employees with a safety training manual
  • Establish a hazard communication program
  • Create exposure and medical records and make them available to employees
  • Provide employees access to relevant accident and injury records
  • Allow employees to request an OSHA inspection
  • Furnish employees with copies of past hazard tests

OSHA’s website provides a comprehensive resource that can answer questions about safety in the workplace. If you feel that your construction site violates OSHA standards, you can file a report online or contact the nearest OSHA office to register a complaint.

Filing a Construction Injury Claim

After a construction injury, you should seek immediate medical attention, whether your employer followed safety regulations or not. Once you get the treatment you need and have documented your injuries, it’s vital that you report the injury to your employer. Do this in writing and keep a copy for your records.

Your next step should be to speak with a knowledgeable construction injury attorney that can explain your options and protect your rights. Many injuries that take place on a construction site are covered by workers’ compensation. But you may also have the right to pursue a personal injury claim with opportunities for additional damages. Your attorney can explain these options and help you collect maximum compensation.

Workers’ Compensation vs. Personal Injury Claim

In most states, workers’ compensation is the sole remedy for a person injured on the job. This is an insurance program required by law for most employers that provides certain benefits to workers that are injured or become ill in the course of their employment.

Workers’ compensation provides coverage for medical care, temporary disability (lost wages), permanent disability, vocational rehabilitation, and death benefits. Workers’ compensation is meant to reduce employers’ costs, so it prohibits injured workers from suing their employer after an accident.

There are exceptions, however. If your injury was caused by a third party, you may be able to file a personal injury lawsuit allowing you to collect additional compensation such as pain and suffering. For example, defective tools or machinery can lead to an accident, as can the actions of a person or business that isn’t your employer.

Who Can Be Liable in a Construction Injury Lawsuit?

Workers’ compensation pays benefits regardless of fault. But personal injury cases are fault-based. In general, you can sue parties other than your employer in a construction injury case if they were responsible for your injury or occupational disease. Some examples of parties you might have the right to sue include:

  • Property owners– You may be able to sue a property owner if unsafe or hazardous conditions led to your injury.
  • Other contractors– If you were injured due to the negligent actions of another contractor that works for a different employer, you might have a personal injury case.
  • Manufacturers of tools and equipment– If a defective tool or piece of equipment caused your injury, you could file a personal injury lawsuit against the designer or manufacturer.
  • Other drivers– If you were injured in a vehicle accident, you may be able to hold the other driver accountable for your injuries.

Even if you were partially at fault in the accident, you may have the right to pursue damages against one of these parties. But most claims are met with strong resistance by insurance companies that want to avoid paying what a case is worth. It’s important that you speak with an attorney immediately that can investigate your case, preserve evidence, and pursue a positive outcome.

Speak With an Experienced Construction Injury Attorney

After a construction site accident, it is equally vital that you understand your legal rights and take action quickly. OSHA Injury Attorney’s primary goal is to ensure construction workers have access to the information they need to stay safe in the workplace and exercise their rights when necessary.

If you or a loved one have been injured on the job or have concerns about OSHA violations, please complete our contact form below. We will forward your information to a qualified construction injury attorney that will provide the assistance you need.

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