One of the most complex aspects of construction accidents is determining the responsible party. Unlike in other industries construction accidents can either be first party or third party. First party construction accidents are ones that are directly caused by the employer. For instance, not training employees on how to use specific types of equipment or not issuing protective gear. Then there are third-party accidents which can be complicated because they are caused by another employee. So, since the employer is not directly involved in the accident it hard to get compensation.
More often than not large construction sites house multiple employees but each one may be working for a different company. When there is an accident caused by a worker of another company which harms you and your colleagues it may not be a simple case of filing for compensation.
At times the person or the company who was responsible for the construction accident will admit a mistake or wrongdoing. But in other cases, they may not. Plus, there are circumstances where the other company will try to claim that you and your company are responsible for the accident. That’s why hiring an attorney is so important. Having someone with experience dealing with construction accidents can be a big help.
We strongly advise that workers don’t delay seeking the help of an attorney. Having an attorney from the very beginning will ensure that all the right formalities are handled. You will also know what your legal stance should be in the case. Not to mention the fact that witnesses are known to change their stories so getting on the ground early is essential. An expert attorney can help with not just the case but evidence gathering so that you end up with the compensation you rightly deserve.
Who can apply for compensation?
What to do and how to get paid?
Insurance companies who are often the insurers of the construction company employing you may make you think that they have your best interest at heart. Though they don’t! Their interest is to simply either have you drop the claim or negotiate you into accepting an offer that’s way less than what it rightfully should be. That’s why you need to take the following steps as soon as you’re in a construction accident:
- Report the injury to your employer right away. Send the report to them in writing if possible, while retaining a copy for your own records.
- Filing your workers’ compensation claim should be done ASAP. You should do it as quickly as you can since any delay could lead to further snags in the road. Also, doing things the right way improves the chances of getting paid quickly.
- Fill out a claim form with all the required information. Keep in mind that until the claim form is complete, the employer is under no obligation to give you compensation or associated benefits. You will want to keep a copy of this claim form too.
When to apply for compensation? |
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| The best time to apply for compensation is with 21 days of the construction accident. |
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| If there are symptoms of illness associated with the effects of the accident then as soon as those symptoms surface. |
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| In the event, you have been informed by the doctor that there is long-term damage because of the injury. |
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What is important to know?
Construction accidents are widespread, and many can even be fatal. However, it is unfortunate that insurance companies don’t take construction accidents all that seriously. Usually, they bank on the fact that the injured worker has no knowledge of their rights. They also bank on the possibility that the injured person may not file for a claim because perhaps they see the injury as their own fault or just being minor.
The fact is that insurance companies don’t care about victims of workplace construction accidents. All they want is to pay nothing or very little. So, the entire system has been set up to make sure victims don’t get their due share of compensation. It is for this reason that hiring a professional attorney makes so much sense.
Having legal representation looking after your best interests means that you can take an aggressive stance. The attorney knows what you should get, which allows them to leverage the law in your favor to get what is fair and due. So, you can demand compensation with confidence.
Construction accidents are not to be taken lightly. The worker’s compensation law was made for the benefit of works across the United States. It is important that you know your right to an attorney and to the fact that you should be compensated. Let the attorney handle the legal wrangling associated with getting compensation while you focus on recovering from the accident which hopefully no long-term effects.
