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Originally Posted On: https://dervishilaw.com/2023/02/15/construction-site-injury/
In almost all cases, a construction worker in New York who suffers an injury on the job, including a disease or disability as a result of their job, should be entitled to some level of benefits under workers’ compensation laws. In some rare cases, a personal injury lawsuit may be required.
Benefits may include wage replacement, rehabilitation assistance, supplemental income, and medical treatment if you become ill or are injured at work. In the unfortunate event of the worker’s death, the worker’s loved ones may also be eligible to receive benefits.
What to do After a Construction Job Site Injury
Did you know there is a 75 percent likelihood of a construction worker suffering a disabling injury over a 45-year career? Construction sites can be dangerous places to work, with construction workers facing many risks daily on the job. About 80,000 employees in the construction industry suffer work-related injuries with severities that cause them to miss work every year, according to a recent report.
In the event of a construction site injury, it is critical to understand what steps to take to protect your rights and receive the medical care and compensation you deserve. Here are eight steps to take following a construction site injury.
1. Seek Medical Assistance
The first thing a construction worker should do after an injury on the job is to seek medical attention. Even if your injury seems minor, it is imperative to have a doctor examine you to rule out any serious underlying conditions. If you put off seeking medical help, you may face complications that could have been avoided. In most cases, you will not notice any symptoms of an injury until some time after the workplace accident.
Immediately seeking medical attention is essential to ensuring your recovery. More importantly, if you need to file a personal injury suit or a workers’ compensation claim later on, evidence that you pursued medical treatment will be advantageous to your case.
2. Report the Injury
After ensuring that your immediate health concerns have been addressed, you must report the accident to your supervisor or employer in the shortest time possible. Different states have statutes requiring you to report a workplace injury within a certain period.
In New York, for example, workers must file a claim within two years of suffering a work-related injury or illness. Furthermore, workers have up to 90 days to file a worker’s compensation claim and three months to report an occupational hearing loss injury.
It’s crucial to notify your employer, manager, or supervisor as soon as possible if you get hurt on a construction site. In general, it is useless to inform a coworker about it. Depending on your state and the particulars of your injury, the reporting procedure may vary, but generally speaking, you must report the injury within 30 days.
Why Report the Injury?
Timely reporting of a job site accident is important in many ways:
You are required by the Occupational Safety and Health Administration (OSHA) to take certain steps in the event of a workplace incident. As a general rule, these steps are meant to prevent the same accident from injuring another worker in the future.
If your employer is not informed of the accident, it will be impossible to take these steps effectively. In the eyes of the court, employer, and insurance company, it strengthens the validity of your claim. It guarantees that your workers’ compensation claim won’t be processed with needless delays.
When reporting an injury, make sure to do so in writing and keep a copy. When giving your account of what happened, be as detailed and specific as possible. If a disagreement arises later on, this detailed report will be extremely useful.
3. Document your Injury
It is critical to document your injury in writing in addition to reporting it. This includes photographing any visible injuries, keeping a journal of your symptoms, and noting any witnesses to your injury. This documentation will be useful if you file a workers’ compensation or personal injury claim.
- Photos of the Scene and Visible Injury or Damage – Take as many photos of the accident scene as you possibly can. It is especially important to photograph your work if your employer does not provide the necessary safety equipment. Take photos of any injuries you sustained as a result of the incident, such as a bruised arm, ripped shirt, or cracked headgear.
- Gather Witness Contact Information – Request contact information from any witnesses to the accident. Remember not to press the issue if the witness is hesitant to provide you with this information. The last thing you should be thinking about is irritating a potentially helpful witness. Your personal injury lawyer can obtain the information later.
- Document Correspondences – You may want to maintain a folder and store copies of all written communication with your employer. Also, write down notes detailing any other correspondence with your employer about your injuries or the accident, such as in-person conversations or phone calls.
4. Track your Lost Wages and Medical Expenses
After a job site accident, you should start tracking all your medical costs. This ensures that you will get the accurate compensation you deserve down the road. Also, it is prudent to begin maintaining a journal documenting how the accident impacts your daily life.
You might be eligible for workers’ compensation benefits or other types of compensation if you sustain an injury on a construction site to help pay for your medical bills and lost wages. Keep track of your medical costs and lost wages to make sure you get paid the full amount of compensation to which you are entitled. Keep all of your medical bill receipts, including those for prescription drugs, equipment, and other costs associated with your treatment. Keep track of how many days you missed from work and how much you would have earned if you had been able to work if you were injured.
5. Know Your Rights
It is critical to understand your rights following a construction site injury. Employees who are injured on the job are usually entitled to workers’ compensation benefits. However, you may be able to file a personal injury claim against the responsible parties in some cases. Our construction site injury attorneys at Dervishi Law Group, P.C. can help you understand your rights and options.
6. Identify the Cause of the Injury
Understanding the cause of the injury is crucial in determining who may be liable for the injury. OSHA has listed some of the most common construction accidents. They include:
- Falling – A worker might fall from heights such as a scaffolding, building, or piece of raised equipment.
- Arc Blast or Electrocution – Workers dealing with power tools, electrical wiring, machinery, and generators are at a high risk of suffering electrical burns.
- Trench Collapse – Trench collapses can cut off a worker’s air supply. Not only can they suffer crushing injuries, but they can also be buried alive.
- Using Inappropriate Protective Gear – Workers in a construction site must always wear protective gear such as safety glasses, hard hats, and other personal protective equipment to prevent injury.
- Collapsed Scaffolding – While OSHA may have strict regulations that ensure the stability and safety of scaffolding, accidents still happen. This could lead to a fall, resulting in serious injuries or fatal falls.
- Repetitive Motion Injuries – These injuries occur when your body does the same thing repeatedly. Consequently, your soft tissue and muscles may become damaged and worn, causing pain and limiting mobility.
In addition to these causes, a construction site worker can also sustain injury from a ladder’s collapse, traffic accidents, machinery accidents, errors by their fellow workers, and faulty equipment or malfunctioning tools.
7. Contact an Attorney
If you are injured while working on a construction site, you should contact an attorney who specializes in construction injuries. Dervishi Law Group, P.C. in New York can assist you in navigating the complicated legal system, ensuring your rights are protected and you receive the justice you deserve.
There are two main remedies you can benefit from worker’s compensation claims or personal injury claims.
Workers’ Compensation Claim
All the states in the U.S. have some form of workers’ compensation system. It is a type of insurance that offers workers injured on the job some benefits. We can help injured construction workers file claims for workers’ compensation damages or benefits. For most construction injury cases, this involves wage loss and medical expense benefits.
The amount of wage loss benefits you can receive is usually determined by the severity and nature of your injury. Furthermore, when filing your claim for worker’s compensation benefits, you must adhere to all legal deadlines. Contact our experienced and reputable attorneys as soon as possible to ensure you do not miss any important deadlines or details.
Personal Injury Claims
On the other hand, there is the personal injury claim. Remember, when you receive your workers’ compensation, you cannot sue your co-worker or employer for your workplace injury. That is the trade-off. It is the most prevalent type of remedy regarding workers’ compensation.
However, if you are injured by someone other than your coworker or employer (a “third-party”), or if you are not covered by workers’ compensation, you may be able to file a personal injury lawsuit. Product liability and negligence lawsuits are the two most common types of personal injury lawsuits in the construction industry.
We not only assist you with the aforementioned problems but also with insurance company negotiations and, if necessary, lawsuit filing. We will see to it that you receive the just compensation that is due to you for your losses and injuries. For the best result in your particular case, our knowledgeable attorneys will assist you in making the best choice.
8. Focus on Your Physical and Emotional Recovery
Finally, after being injured on a construction site, it’s important to focus on your physical and emotional recovery. This might entail taking time off of work to rest and recover or going to therapy or counseling to deal with the psychological effects of your injury. Pay attention to taking care of yourself and making the necessary improvements. You’ll be able to move past your injury and return to your life with some time and tender loving care.
Common Types of Construction Injuries
If a worker experiences the construction site accidents named above, they may sustain different injuries, such as:
- Broken bones
- Eye injuries, such as blindness or vision impairment
- Back, shoulder, and neck injury
- Health disorders due to chemical exposure
- Ankle and knee injury
- Spinal cord injuries. This includes damage that can lead to quadriplegia or paraplegia.
- Brain injury and/or head injury
In more severe instances, construction injuries can result in permanent disability or even death.
How do Construction Injury Attorneys Help?
If you are a victim of a construction injury, you may feel a little all over the place and unsure of where to turn for help. Well, not to worry, because we are here for you. You must understand that you have legal rights and options that can help you get fairly compensated. At Dervishi Law Group, P.C., we have personal injury attorneys who specialize in representing victims of construction accidents and can help in various ways.
Helping you Secure the Compensation you Deserve
Personal injury attorneys play an important role in ensuring that construction accident victims receive justice. At the Dervishi Law Group, P.C., we accomplish this by providing our clients with the opportunity to fight for compensation for their injuries sustained in unfortunate accidents.
As a result, our highly educated and dedicated attorneys will fight alongside you to ensure you receive the compensation you need to cover your medical bills and other injury-related expenses. It may also include compensation for lost wages.
In some instances, you may even qualify for pain and suffering compensation, as well as for your emotional distress. Our attorneys are equipped with the expertise and experience to help you fathom your options and fight to obtain your rightful compensation.
We Build an Ironclad Case for you
Our meticulous attorneys can assist you by conducting a thorough investigation into the accident that injured you. We will gather evidence, interview witnesses, and review relevant documentation such as accident reports and medical records to ensure that no stone is left unturned. We will then use this critical information to build a strong case on your behalf and work hard to reach a fair settlement with the parties at fault. We will present your case in court if necessary.
We are Good at Providing Support and Guidance
The aftermath of a construction accident can be a stressful and confusing time for even the strongest person. That is why, throughout the legal process, our compassionate attorneys at Dervishi Law Group, P.C., will provide support and guidance to help you make informed decisions about your case.
Answering your questions, explaining your rights and options, and providing you with the information and resources you need to make informed decisions about your case are all part of this. We will be your advocates, working tirelessly to help you recover the compensation you truly deserve for you or your loved one.
We are Awesome Negotiators with Insurance Companies
Another critical aspect of construction injury cases is negotiating with insurance companies and other parties. It is common knowledge that insurance companies frequently and selfishly prioritize their financial interests. They may try to settle your claim for a low amount or completely deny it.
When you have an attorney experienced in handling insurance agents by your side, you can rest assured that your rights are protected and that you will receive a fair settlement that covers your medical expenses, lost wages, and other damages. It is never advisable to try to negotiate with them on your own.
Hire New York’s Top-Tier Personal Injury Attorney Today!
Now that you know what to do following an accident at your construction site, contact our Bronx, New York, office today. The Dervishi Law Group, P.C. understands that sustaining an injury can be quite traumatic. So, we try our level best to make the compensation-claiming process as stress-free as can be. We have successfully handled thousands of personal injury cases, from crane accidents to forklift injuries to electrocution and more. So, you can rest assured that with us, you are in capable hands.
We also have an investigative team that works quickly to gather information and preserve evidence while maintaining expertise and professionalism. Furthermore, we will not charge you any attorney fees unless you win.