Last Updated: March 13, 2021

Fatal Construction Accidents Guide To Serious Construction Accidents

fata construction accidents

Fatal Construction Accident Guide To Serious Construction Accidents

A construction job is one of the most challenging and dangerous professions. Like in the military, the risk of fatality and injury is higher than in any other profession. A study has claimed that at least 80,000 construction workers per year experience work-related injuries causing them to lose or miss their job. There are also a couple of fatal construction accidents tallied each year. 

Fortunately, the construction profession is not left out by existing laws. Construction professionals have the right to a work-related health benefits and safety environment. In most cases, an injured construction worker can benefit from compensation benefits and monetary laws. In rare yet relevant cases, they can pursue an injury lawsuit.

Whatever your situation may be, there are important steps you should take on to protect yourself from a serious construction accident. Here are they: 

1. Seek Medical Help

Filing a case or overthinking about losing a job is the last thing you should think of following an injury. You can't pursue all these things if you are there lying in the hospital, seriously injured. Your topmost priority is seeking medical attention. This is important even if you think your injury is minor.

Treating and recovering from your injuries is important. Having been admitted to a hospital can be your best evidence if you want to file a worker's compensation suit or a personal injury case.

2. Inform your Employer About the Injury

As soon as you sustain an injury, advise your employer about it right away. Some employers give medical financial assistance. There are also state laws that require workers to report injuries within a period.

Any claim beyond the given period is deemed prescribed. It means you have no right to ask for any claim of damages or injuries anymore.

Even if your country doesn't have the same law, the benefits of reporting the injury right away are the following:

  • It will advance the processing of your compensation claim.
  • Your claim would appear more relevant and valid to courts, an insurance company, and of course, to your employer.
  • The state's Occupational Safety and Health Administration (OSHA) mandates employers to take steps when any accident occurs in the workplace.

Most often, the reporting will serve as a step to prevent the accident's recurrence to workers. Your employer can't take measures to solve the hazard and risk problems without him knowing the accident.

When reporting the injury or accident, make sure you put them in writing, and you have a copy of it. Be as precise and specific as possible when writing the facts and include everything you can remember from the accident. Write very well, as your writing will help you a lot when a dispute arises.

3. Gather Information

It's best to research or gather much information about your accident or injury. All the information will help you in your workers' compensation claim. Some relevant information you need to collect are the following:

  • Contact Details of Your Witnesses

If there are witnesses of the accident, ask them about their contact information. If the witness or witnesses do not want to cooperate and are hesitant to give his information, don't force him. Your lawyer will help you in this matter, and being angry at your potential witness will not do you any good.

  • Medical Records

You must keep all your medical records, especially medical expenses. In this way, you'll be able to present accurate information about your finances to be compensated by your employer. 

It is also imperative that you keep a day-to-day journal of how the incident has affected you. This will be your advantage in your claim for compensation or damages.

  • Photographs of the Accident Scene

Take photographs of the accident scene if you can. If not possible, have someone take pictures of it. This can be your best evidence in proving that your employer has not done safety measures required by law or has provided safety equipment for its workers. 

Moreover, don't forget to take photos of the damage you sustain in the accident. You can take pictures of your bruises, torn shirt, cracked protective gain, and so on.

4. Talk to a Lawyer

When you have just suffered from a serious construction accident, you have two remedies. A personal injury lawyer or an experienced lawyer will help you choose which appropriate action you should take on. You can either file a personal injury case or a workers' compensation lawsuit.

  • Workers' Compensation Claim

All states have workers' compensation laws. If your country has not, it may be found in the Labor laws. Workers' compensation is like an insurance law that covers employee benefits following a workplace accident.

In construction accident cases, there are usually two types of claims you can recover. One is medical expenses benefits; the second is the wage loss claims. The amount of claims you can recover varies on the severity of your accident.

To ensure that you'll receive accurate compensation benefits, you need to follow certain deadlines in filing for a claim. Talk to your lawyers to avoid any delays for important deadlines.

  • Personal Injury Claim

If you want to sue your employer, make sure you did not file for a workers' compensation claim. Filing a compensation claim is a trade-off for you filing a personal injury case. However, if the workers' compensation law does not cover the incident; for instance, you are injured by your fellow worker or any third party, you can file a personal injury claim.

Suppose you wish to file a personal injury claim. In that case, your lawyer may either file a product liability lawsuit or negligence case. Take note, though, that you can either lose or win the case once you pursue this path. Hence, the importance of hiring an experienced lawyer to represent you.

Conclusion

A fatal construction accident is a case you should not take for granted. You need to assert your rights if this incident happens to you. The process may be stressful but is truly worth it. If your claims are denied, take note that you have the right to appeal. The right to appeal is something most workers are not aware of.

Suffering a workplace injury is a life-threatening and traumatic experience. However, it would help if you remembered that you don't need to face the battle alone. Hire a lawyer to help you redeem yourself and stand again on your feet.

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I hope this article helped answer some questions about fatal construction accidents you might have. 

I look forward to hearing from you if I can be of assistance to you and your family during this terrible time, and what I can do to help.

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Scott DeSalvo, Injury Lawyer - 312-500-4500


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