Construction work is ranked as one of the most dangerous jobs in the country, unfortunately leading the sector in terms of workplace injuries and worker fatalities. The physical nature of the job inherently carries dangers and poses a significantly high risk not only to the individuals directly involved but also to pedestrians and bystanders in close proximity. This article explores all you need to know about presenting a construction accident claim.
Review The Steps Before Filing A Claim
Construction accidents can result in catastrophic injuries such as traumatic brain injuries, limb amputations, broken bones, and injuries to the spinal cord, to name a few. Workers may require immediate medical care, hospitalization, extensive therapy, and rehabilitation for their recovery. Sometimes victims do not fully recover and could lose the ability to work, which can be a financial disaster for their loved ones.
If you or a loved one gets hurt on a construction site, you have rights under the law and should take immediate measures to protect them. Seek the advice of an expert construction accident attorney as soon as possible after the incident.
You could be eligible to file a claim for injuries sustained against another party in addition to pursuing workers' compensation settlements through the employer, depending on the kind of job-related injury you've suffered. Third-party claims are usually significantly more valuable than any settlement you get from your employer. Your attorney would be able to take you through the steps and notify you if you're eligible for such a case.
General contractors, property managers, construction companies, and building owners, to name a few, are responsible for maintaining a safe site that doesn't jeopardize the safety of workers, pedestrians, visitors, or individuals on or near the job site. They have to comply with Occupational Safety and Health Administration (OSHA) requirements set by the United States Department of Labor.
The standards require employers to provide workers with training on safety in a language they understand, to offer free personal protection gear to workers, to offer hearing examinations or various medical tests to employees, and not discriminate or retaliate against employees who report injuries at work or exercise their legal rights, among other things. Employers should also try to prevent or reduce risks at work.
Proceeding With The Claim
Workers can benefit from checking the OSHA webpage for more information about their job-related rights. You can submit a claim with OSHA and request an on-site visit if your employer fails to comply with OSHA rules and/or fails to fix a hazardous situation on the construction site.
If you've been injured in a construction incident, you should seek medical assistance immediately. Seeking immediate medical attention for the injuries sustained can help you develop a record that can be useful when you submit your case. You should also notify the person in charge and request a copy of the incident report for your records. Gather any evidence you can from the site of the accident. This could include images or videos of a potentially hazardous condition that led to the accident.
The next step is to engage a seasoned attorney who will help protect your rights and advise you of all your options. This step is likely to be the most important in determining the outcome of your construction accident claim. Your attorney will also inform you about the parties who could be held liable for your injury.
Gather All The Information You Can
It is crucial to include detailed incident details when drafting a report for the construction site incident and injuries to present an accurate and comprehensive account of the events that took place.
The following details should be incorporated into your construction site accident report:
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The Date and Time
Take note of the precise date and time that the incident occurred. The information gathered helps to develop a timeline and gives context for the accident in question.
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The Incident's Description
Give a detailed and succinct account of what took place. Include information about the series of incidents that led up to the incident, the measures taken by those at play, as well as any contributing circumstances. Stick to facts and don't make any assumptions.
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Location
Give details about the precise location of the incident on the construction site. Include information like the building, the floor level, the surrounding area, and relevant landmarks.
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Nature of the Injuries
Describe your injuries from the incident that occurred. Provide the specifics about the afflicted body part(s), the degree of the injuries, including any emergency medical assistance that was offered. Start with your lower body and work your way up to the top of your head, describing every detail that has changed from the accident.
If you simply disclose evident injuries or what pains you the most while concealing the least, it could harm you. When your attorney tries to file a claim for those undisclosed injuries in your claim or acquire workers' compensation to pay for medical expenses and lost income, the party at fault can argue that the injuries were not caused by being hurt in the construction site accident.
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Machinery or Equipment Used
Identify any accident-related tools, machinery, equipment, or materials. If available, include the equipment's names, serial numbers, and design models. This information aids in determining whether failure, misuse, or malfunctioning equipment was to blame for the incident.
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Information Regarding the Construction Site
Record the name and address of the construction site, as well as any important project characteristics such as the scope, size, and contractor's details.
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Foreman and Supervisor Details
Keep a record of the full name and contact details of the injured worker's foreman and supervisor. These individuals could be required to give more details or testify about the accident.
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Environmental Factors
Keep a record of the accident site's conditions. Include elements such as lighting, weather conditions, visibility, and temperature. This information could come in handy in identifying any third party who could have been involved in the accident.
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Witnesses
You should keep a record of the witnesses' names and provide your attorney with the relevant contact details.
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Notification and Reporting
These include details like who was informed of the incident, like foremen, supervisors, or those in charge. Keep a record of the time and date the notification was sent, as well as any actions or responses given.
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Safety Precautions
Take note of any construction-site safety measures, like barriers, warning signs, or personal protective equipment. Keep a record of any potential safety violations or discrepancies that you notice during the construction site incident.
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Pictures and Videos of the Incident
Take pictures and videos of the scene of the accident, paying attention to the spot of the occurrence and any relevant gear used. Visual evidence may bolster and contextualize a written report.
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Keep the Evidence
Preserve any tangible evidence, such as a damaged piece of equipment or a defective device, that could have contributed to the incident. They could be very important in determining responsibility or contributing factors. Keep track of the names and contact information of any eyewitnesses. If the witnesses make any statements, submit them to your personal injury attorney's office.
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Measures Taken
Describe the measures taken soon after the incident occurred. This could involve getting first aid, notifying emergency services, or searching for transportation to a medical facility.
Parties Liable for a Construction Site Accident
If you sustained injuries on a construction site, you could file an injury claim against the parties that caused the accident. Whoever is at fault may be forced to pay you monetary compensation to make up for your losses.
The nature of the incident and the parties involved determine who is liable for a construction site injury. The following parties can be held responsible for a construction accident:
- The property owner.
- Construction workers.
- Construction firm.
- Manufacturer of the equipment.
- Engineer.
- Architect.
- Subcontractor or general contractor.
- The local municipality or a government entity.
Claims Made In Construction Accident Cases
Claims for compensation for personal injuries sustained as a result of an accident on a construction site can be founded on the following:
Negligence
Negligence is the primary cause of personal injury cases. The following elements are necessary to establish negligence in a construction site accident case:
- The accused party owed you a duty of care.
- The accused violated your duty of care due to negligence.
- The accused person's negligence played a significant role in causing suffering or loss of life.
If you can demonstrate that the party at fault was negligent when they caused the construction site incident, the offender will be held liable for your losses.
Premises Liability
A property owner can face legal consequences if an accident occurs on their premises. Property occupiers and owners have a duty of care toward other people under the "premises liability" statutes to maintain their properties safe from hazardous conditions. The duty of care owed is defined by the type of person visiting the premises or facility.
You have to demonstrate the following in a premises liability personal injury claim:
- The accused occupied, owned, or had authority over the property.
- The accused party was reckless in the usage and upkeep of the property in question.
- You sustained an injury.
- The responsible party's negligence played a significant role in causing the injuries.
Employee's Vicarious Liability
Negligence on the part of construction workers can result in accidents on construction sites. A negligent worker could face legal consequences for their conduct. However, according to "Respondeat Superior" regulations, an employer may also be held vicariously accountable for the worker's negligence.
Defective Products
Some construction accidents lead to injuries due to faulty or substandard equipment. According to product liability laws, whoever makes, sells, or designs a defective product is solely responsible for any harm it causes. The manufacturer, seller, or designer is liable even if they were not negligent.
Strict liability for a product defect claim covers the following categories of flaws:
- Defects in the manufacturing process.
- Design flaws.
- Inadequate warning flaws.
Third-Party Claims for Accidents on Construction Sites
This is a personal injury claim made against subcontractors, general contractors, manufacturers, property owners or managers, and construction companies, to name a few. You cannot file a third-party accident claim against your coworkers or employer.
If your attorney determines that a third party, such as an equipment designer, was liable for your injuries, you can submit a claim for compensation against them. Such a case can be filed in addition to requesting insurance benefits from your employer.
Your employer's or your workplace's compensation depends on the insurance that they are required by law to carry. An injured worker can receive this type of compensation regardless of the party responsible for causing the incident, which is intended to compensate for part of his or her medical costs as well as a percentage of lost earnings.
It can also include coverage for both permanent and temporary disabilities. If a worker's injuries result in death, the family members can file for death benefits through their employer's insurer and raise a wrongful death case against the third party.
However, the sum collected through the employer could be insufficient, particularly in the case of more severe injuries with lasting effects. Workers' compensation doesn't cover services like physiotherapy or certain surgical operations.
Workers' compensation does not cover any therapy, ongoing treatment, or duty of care that an individual might require. It also does not compensate individuals for suffering and pain, as well as loss of earning power, which is crucial when a person sustains a catastrophic accident and cannot get back to work.
Third-party claims tend to be more substantive when it comes to the compensation available to employees and their loved ones. If you or a loved one got hurt on a construction site, you should consult with a personal injury lawyer right away. Your lawyer will clarify whether or not you're eligible for a third-party claim and recommend the next steps based on the specifics of your case.
Benefits of Preparing a Construction Site Accident Report
Here are some of the reasons why it's beneficial for you to prepare a construction site accident report:
Formal Documentation
Accident reports are official records highlighting what took place. It describes the series of events that occurred in detail, covering the time, date, place, and facts surrounding the incident. When collecting compensation or submitting a legal claim, documentation is critical to proving the specifics and ensuring authenticity and accuracy.
Timeliness
It is essential to report the incident as soon as possible. There are time limits for submitting workers' compensation claims as well as prospective personal injury lawsuits. The victim makes sure that they follow these dates and avoid any complications associated with reporting delays by compiling an accident report as soon as possible.
Notifying The Employer
When an accident is reported, the wounded victim's employer is obligated to take proper action. California employers are legally obligated to provide a safe working environment and promptly investigate any incidents that occur. By reporting this occurrence, the employer is made aware of what happened and can implement required safety measures, like addressing dangers or enhancing safety standards.
Workers' Compensation Lawsuits
If you get injured at a construction site, submitting a claim for workers' compensation could be necessary for collecting benefits. Reporting the injury is an important first step in starting the workers' compensation procedure. The accident report serves as proof that the harm sustained occurred at work, which is essential for claiming benefits from workers' compensation.
Legal Safety
Preparing accident reports can help protect your legal rights. By recording the incident, you can create an actual account that can be relied on as proof if a lawsuit is warranted. The report is often used to back up a personal injury claim, identify responsible parties, and boost the application for compensation.
Insurance Claim
In certain circumstances, the victim may be entitled to compensation through an insurance policy, such as liability insurance carried by an employer or other parties at fault. Reporting the incident as soon as possible assures compliance with the insurer's rules and speeds up the claim process.
Future Recollection
Memories fade with time, which makes it difficult to recall certain details accurately. An injured person can record vital details while they're still fresh in his or her mind by drafting a construction site accident report shortly after the accident. This report could be referred to later when making remarks or giving testimony concerning the occurrence.
Can a Family Member Sue For Wrongful Death Following a Construction Accident?
If a construction site accident kills someone, the family can sue for wrongful death. A wrongful death claim permits some family members to seek compensation when their loved one dies as a result of the negligence of another party.
The family members can file a claim for damages against the individuals at fault for the incident under the same circumstances as a personal injury claim. These include:
- Liability for defective products.
- Negligence.
- The liability of the property owner.
Find An Orange County Personal Injury Lawyer Near Me
If your goal is to receive the maximum compensation, a construction site accident settlement should not be taken lightly. At Orange County Personal Injury Attorney, our team has a proven track record of successfully assisting victims in obtaining fair compensation for their injuries. Our attorneys understand the mental, physical, and financial difficulties that workers and their loved ones face after a devastating accident. We have the expertise to address your needs. Call us today at 714-876-1959.