In one year, construction workers faced over 20,000 injuries due to slips, trips, and falls alone. Most companies aim to avoid any form of construction site accident, but others do not perform due diligence to protect their workers. Have you received a personal injury in such a situation, and do you need to know what to do next?
This article will provide options for you to investigate that may offer you some kind of compensation after a workplace injury. By the end, you should have a good idea of who you need to call next, as well as how they can help you out.
Workers’ Compensation
After receiving an injury at a construction site, workers’ comp should be one of the first avenues of investigation for you. This system offers both financial and medical security to anyone who receives an injury while in the workplace. It acts as a form of insurance, ensuring people can move forward without worrying the injury they received will impact their quality of life.
Eligibility for Workers’ Comp
Most employees working for a construction company can assume they are eligible for some form of compensation. Though you should bear in mind this does not apply to freelance workers. Make sure that you understand your employment status in full before seeking out this kind of claim.
Depending on the state, you may also find that smaller businesses do not have the same eligibility. As such, investigate what you should expect in your local region.
To have eligibility for such a benefit, you must be able to prove your injury occurred while you were in the workplace. You should also have been performing duties related to your work at that time.
This definition of “duties related to your work” is broad, though. It includes most injuries you might receive in the workplace. This even includes during work-related travel or when using work equipment off-site.
Filing a Claim With an Attorney
The process of filing a claim can be very difficult due to the complexity of doing so. As such, it may often be useful to engage with a lawyer who can work with you on the details. Doing this can take a lot of work off your hands, which can be very useful if you are facing difficulties due to injuries.
Personal Injury Lawsuits
It could be that you believe you should receive compensation due to a failure on the part of your employer. If so, you may need to investigate a personal injury lawsuit.
Determining Liability
If you want to raise a personal injury lawsuit, you will need to show that someone else’s actions caused you to come to injury. It is important to first present the way in which someone acted with professional negligence.
The first thing you need to do is work out who was responsible for the situation as it occurred. Did someone have a mandate to oversee the work that was occurring, and did they ensure everyone had the training they needed?
The parties you might want to consider might include:
Your employers: Your employee has a duty of care to you, to ensure you work in a safe environment and that you are aware of potential hazards. They should also make sure you receive appropriate training.
Property owner: This person may have the responsibility to provide accurate information related to the property. If they did not, and that is what led to the accident, they may be liable for construction site negligence.
Equipment manufacturers: If any device you were using failed, which led to the injury, you could hold the manufacturer responsible for your injuries.
Malpractice Lawsuit
In the aftermath of an accident, it may not be the people in that area who cause you harm. During the process of receiving care, you may come to further injury due to the actions of a doctor, nurse, or paramedic.
What Is Malpractice and How Does It Apply?
If a medical professional takes action that leads to you coming to further harm, this can often mean you can make a medical malpractice claim.
Much like how employers in a construction setting have a duty to care for you, doctors have one for their patients. Not providing appropriate diagnosis or treatment goes against this tenet of professional healthcare.
For such a lawsuit to go ahead, you need to prove that the medical professional’s actions caused you harm. This harm could include making existing injuries worse. It might even just mean creating more medical problems than necessary during a difficult treatment.
In investigating this, you may have to visit other doctors, who can diagnose any issues that have come up due to the previous caregiver’s actions.
How Will an Attorney Help?
As you progress in seeking any form of compensation, it is important to know you are following the letter of the law. This will give you the best opportunity to ensure you receive the payment you deserve. An attorney can take many actions that help you in this regard.
They can not only look at your case and represent you in all legal areas. An attorney is also likely to have access to professionals who can assess the situation for you.
They can either give you a more detailed understanding of the injurious event, or they can assess and document your physical health. Either way, they can ensure there is more evidence or testimony for any upcoming negotiation or trial.
Receiving Compensation for a Construction Site Accident
After a construction site accident, you need someone in your corner who can ensure you are not left without a way to support yourself. A skilled attorney can work with you to ensure you get the payment you deserve for such an accident so that you can continue to live in dignity.
Law Offices of Gerald J. Noonan can discuss the ins and outs of the accident and discover who bears responsibility for such a situation. All you need to do is let us know all the details, so get in contact today to learn more about what your next steps should be.