18 Apr Injured on a Construction Site? Here’s What You Should Know
Overview: If you’re injured on a construction site, you may have several options to make a claim.
While accidents that happen on the job are common, unfortunately, an sustaining an injury on a construction site is significantly more prevalent due to the dangerous nature of work and environment.
With heavy machinery, working at heights on planks or scaffolding, and using potentially risky tools and equipment, construction sites have a fair share in causing injuries to workers. If you’ve gotten injured while working at a construction site, here are a few tips that you can consider to take care of your health — both literal and financial.
1. REPORT THE INCIDENT:
The first thing you should do following an incident is to report it. In the construction industry, many accidents go unreported. This is because illegal residents often keep quiet out of fear that it will jeopardize their job and immigration status.
Other times, construction companies don’t want the accidents reported because they reflect on their safety practices and fear investigations and penalties.
However, any incident should be immediately reported to the supervisor or person in charge despite these concerns.
You should not only document the entire accident and how it happened for yourself, but doing this also brings potentially unsafe conditions into notice, and companies can take a step forward to actively prevent others from getting injured the same way.
2. SEEK MEDICAL CARE:
It might seem like most of our post-injury articles follow the same steps — and this is because it’s true. If you sustain an injury while working at a construction site, waste no time seeking immediate medical care.
Call 911 instantly or ask a coworker to call for you.
Seeking medical treatment is essential since it helps not only in documenting the accident, but also diagnosing potential injuries at an appropriate time. This could help prevent them from becoming fatal, especially if you’re unaware of them.
Moreover, construction companies could deny the occurrence of an accident due to their credibility. Without a documented medical report, you can’t ask for worker’s compensation or health insurance. Proper proof of your documents, including medical and test reports, will be a shred of persuasive evidence to prove to gain your deserved compensation.
MAKING A WORKER’S COMPENSATION CLAIM?
What is Worker’s Compensation?
Thanks to the government, worker’s compensation is a system formed by state law to offer benefits to employees who face on-the-job injuries. Under the compensation system, the employees are entitled to lost wages and medical expenses regardless of who’s at fault. Although it is typically a no-fault situation from both sides, the state provides a system under which employees don’t get the right to sue or drag their employer to the court.
Under this law, every business, be it small or big, should have worker’s compensation insurance for the employees. This worker’s compensation claim is similar to filing any other insurance claims. One should remember that filing a worker’s compensation claim isn’t a lawsuit against your boss but a request for benefits.
>> Related article: What if someone gets hurt on a construction site?
If you have an accident while working at a construction site, any legal claim will be worker’s compensation. The worker’s compensation varies from state to state; however, several elements are in common.
1. Your employment situation
2. To what extent is your employer responsible for the injuries?
Generally, worker’s compensation is like a no-fault scenario. Unlike the other compensatory laws that ask for proof of neglect party, here you don’t have to collect evidence to claim compensation. All you need to do is prove that (a) you were injured and (b) it occurred during your employment and/or working hours.
Each employer offers workers’ insurance in their company policies. It’s through these insurance policies that provide enough benefits to pay the injury claims.
What Does the Worker’s Compensation Cover?
• Your medical expenses
• Lost wages
• Partial or permanent impairments/disabilities
If you got injured when you were working, here’s what you’re entitled to:
When an accident happens at a construction site, worker’s compensation insurance covers all the cost of immediate medical care – such as calling an ambulance, hospital stays, surgical procedures (in case of a severe injury), and medical bills. The ongoing medical care, physical rehabilitation, and medication are also covered.
For instance, if a painter or a worker falls off the ladder or plank and breaks a leg, the worker’s insurance will pay for the ambulance ride, medication, and other medical expenses.
Compensation for Fatal Injuries:
When a work-related incident becomes fatal and causes death, the worker’s compensation system will cover funeral expenses and offer support to the family of the deceased one.
Suppose a worker is unloading a truck to get some construction material and something trips over them, which causes a severe head injury and death. In that case, the company owner will cover the expenses and costs.
Serious injuries may prevent workers from returning or taking time away from work after the incident. The company will be entitled to all those temporary disability payments. While there is some specific maximum or minimum wages limit, it is usually equal to two-thirds of weekly gross pay. Besides, the first temporary disability check shall arrive within a few weeks.
In the worst-case scenario, if the worker doesn’t completely recover from the effects of the incident/injury. Permanent disability means working amidst the competitive market of uninjured and healthy workers. To pay the compensatory amount, a few elements are taken into consideration.
• The limitation on activities placed by the injury
• The age, nature of work, and earnings at the time of injury
Your primary concern after the accident should be medical attention to recover from the injuries. After you feel recovered, seek out legal help by contacting an experienced construction site accident lawyer.
An experienced construction site accident attorney will have all the relevant knowledge and resources to support you in obtaining a successful result. By hiring the right law firm, you’ll know that your case is in safe hands and is handled most professionally and competently possible.