Experts Speak

I Was Working At a Construction Site and Was Injured. Who Can I Sue?

Construction site accidents are frequent for employees working in the industry full-time. However, in this case, you would file a workers’ compensation claim instead of filing a lawsuit. Construction companies and most businesses use workers’ compensation to protect them from lawsuits. In addition, the workers’ compensation claim process provides benefits covering your medical bills, missing wages, and other damages.

The only reason you would file a lawsuit is if your employer was grossly negligent in some way. You would otherwise have to begin the workers’ compensation claim. Also, you can read more here to find out how to get fully compensated for your workplace injuries. 

Workers’ Comp Claim Process

Workers’ compensation can be compensated by following this step-by-step process:

Alert Supervisor

Immediately notify your job manager or supervisor if you are injured. You only have 30 days to report your incident. 

Get Immediate Medical Attention If Urgent

If your wounds are life-threatening, call 911 or have someone call on your behalf. Otherwise, your employer will assign you to a certified doctor to help you receive medical treatment. You should take this step because your doctor can explain what injuries you have. In addition, medical bills prove your injuries were directly related to your workplace accident. 

Workers compensation doctors play a crucial role in assessing and treating workplace injuries. They are certified professionals who specialize in occupational health and are familiar with the legal and medical aspects of workers’ compensation claims. Seeking immediate medical attention from a workers comp doctor ensures the proper diagnosis, treatment, and documentation of your injuries. This documentation is essential for filing a workers’ compensation claim for you to obtain the benefits you’re entitled to.   

Take Pictures 

Take pictures of your injuries, where you were injured, and any malfunctioning tools or equipment that contributed to your construction site injury. This will help provide proof of your injuries.

Take clear, well-lit photos of your injuries from multiple angles, including close-ups, to show their extent. Document the surroundings and any hazards present at the construction site. Capture images of malfunctioning tools or equipment, highlighting defects and damage. Timestamp photos for credibility and prioritize safety when taking pictures.

Speak To Attorney

Before you submit your construction site injury claim, you should speak to a lawyer. They can ensure you file your claim correctly, so you are not denied or receive less compensation than you deserve. 

When selecting a workers comp lawyer for your construction site injury claim, research is key. Look for attorneys with extensive experience in personal injury law, particularly in cases related to construction accidents. Consider their track record, reputation, and credentials, ensuring they communicate effectively and provide personalized attention to your case. Discuss their fee structure upfront, and consider scheduling a consultation to gauge their suitability.

Continue Medical Treatment

You must stay on top of your medical treatment and listen to your doctor’s recommendations. You can be denied workers’ compensation benefits if you do not continue medical treatment. 

A workers compensation doctor, chosen by your employer’s insurance company, will assess your injuries and provide treatment. It’s important to attend all scheduled appointments and follow their recommendations diligently.

Receive Benefits

If you are not denied, you will begin to receive benefits until you reach Medical Maximum Improvement. If your injuries are permanent, you can continue to receive compensation for a longer time. 

Appeal Process

Your workers’ compensation attorney can help you file an appeal. They will review your claim to determine what your application is missing. Additionally, they can add supplementary forms of evidence to support your claim. This ensures you receive the correct amount of benefits. 

Get Help From A Workers’ Compensation Lawyer

Getting injured at work is unlike other civilian court cases. Rather than being treated like a personal injury, a workers’ compensation claim requires you to enter an entirely different process. A workers’ compensation claim requires considerable information regarding your injuries from beginning to end. The insurance company will investigate your injuries after you file your claim. After approval, your claim is sent to the workers’ compensation board for final review. If you receive a settlement agreement, you can either agree to the terms or speak to an attorney about adjusting the amount. When denied, your attorney can review your claim and determine how much you should receive. They will ensure you re-submit your claim with more substantial evidence and any missing information required. 

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by Sushree Swagatika

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