Five Things To Do After a Construction Site Injury

Ladyblogger
December 26, 2012

Construction site injuries often can be difficult to report. Serious physical injury is especially problematic if the injured worker is alone and incapacitated at the time of injury. Construction sites also can be remote locations. Some construction sites are complex workplaces, as many subcontractors are regularly used in construction projects. It is always important for the employee to know exactly who is their employer. Additionally, there is always the possibility of multiple negligent parties in a construction site accident.

1. Report the Injury ASAP

Construction injuries can be very serious in nature. Construction zones are dangerous workplaces and safety hazards exist naturally. Any construction accident lawyer will tell you that workplace injury should be reported as soon as possible to the immediate supervisor. It is important to follow the employment command structure protocol when reporting an injury because all valid construction companies will carry workers compensation protection. Employees normally have a reasonable 24-hour reporting period for workplace injuries that take time to worsen.

2. Seek Medical Attention

Collecting compensation on an injury suffered while working for a cash-only employer is not impossible, but the process can be frustrating. Undocumented employment can still provide a documentation trail that clearly defines responsibility centers. Valid employers that carry workers compensation will allow medical treatment immediately and most will require assessment by a medical professional. Injuries can persists after the end of the workday when the employer will not be available. If necessary, go to an emergency room if the injury is worsening quickly, regardless of the employment relationship.

3. Consult an Attorney

Some employers will follow proper protocols because they know it is the best policy. It protects both the company employees and the immediate employer. Construction sites are riddled with safety violations on a regular basis and there may be multiple responsible and negligent parties involved if the construction project requires employees of different companies to work together. An experienced injury attorney can counsel on what damages may be available other than standard workers compensation and the initial case assessment is always free of charge.

4. Assemble All Documentation

The documentation process begins with a report by the worker that is verified by the employer, which is determined by which party actually provides the workers compensation insurance. If the employer follows all legal requirements, then the employee can be reasonably assured that the claim is being handled properly. The injured party has a right to a copy of any treatment documentation, but not necessarily to company records. It is important to assemble copies of pay records, including pay records prior to the accident if the employer is avoiding responsibility. This situation occurs regularly. Medical documentation establishes a date of injury, which is critical in determining when workers compensation benefits begin and will greatly assist your legal counsel.

5. Follow Doctor Instructions

An injured employee can jeopardize his or her case quickly by refusing compliance with physician recommendations. This refusal can be used in court by the employer in the event of a contested claim. Worker’s compensation insurance is structured protection for all parties in terms of compensatory damages only. Any punitive damages will need assignment by the court if no agreement is reached, which always takes a solid attorney. Compensatory damages only include proven financial losses and the compensation insurance company is only liable for lost wages.

Individuals who are self-employed should also consult an attorney if they are injured at work because of the possibility of contractor negligence. Contractors that are not compliant with safety regulations can be found negligent by virtue of legal non-compliance and a solid injury attorney will know how to establish this punitive claim in a court of law.

Sarah Bishop is a freelance writer and law enthusiast who contributes this article to increase construction site accident awareness. If you or a member of your family has suffered an construction site injury, it is important to contact a construction accident lawyer like Perecman Firm, P.L.L.C., one of the most renowned law offices of this kind. The Perecman Firm will adeptly handle your case from filing the claim to receiving compensation.