Construction is one of the most dangerous jobs in the United States. Common risks include falls, exposure to hazardous materials, electrical hazards, and heavy equipment accidents. The Occupational Safety and Health Administration (OSHA) reported a fatal injury rate of 9.6 per 100,000 construction workers in 2023.
Construction accident lawyer Brian Mitchell says that workers’ compensation laws allow injured construction workers to receive compensation for medical expenses and ongoing support during recovery, including disability benefits.
If you’ve been injured on a construction site, you should understand your rights. Workers’ compensation can be challenging when insurance companies are involved. An attorney can help you understand your entitlement and deal with the predatory tactics of insurance companies.
This article will discuss how a lawyer can assist you in obtaining fair compensation.
Understanding Your Rights as an Injured Worker
When a construction injury happens, a worker must be aware of their rights. Workers have the right to medical care, wage replacement, and any compensation for permanent disability.
If an injury, illness, pregnancy, or mental health condition prevents you from temporarily working, you may qualify for a short-term disability.
Keep in mind that the benefits and criteria for disability claims vary by state. For example, under California’s temporary disability law, there are several medical conditions that can qualify for short-term disability benefits that are provided through the State Disability Insurance program. These conditions include broken bones, infections, complications during pregnancy or childbirth, and mental health conditions.
Your employer is responsible for maintaining a safe working environment. An employer’s failure to provide a safe working environment may result in a favorable case for the injured employee.
Dealing with the Workers’ Compensation Process
How do you handle the workers’ compensation process in the event of an injury on the construction site?
The first thing to do is to communicate the injury to the employer as soon as possible. Your employer should provide you with the necessary forms to fill in. When you’ve finished filling out the forms, remember to keep copies with you.Â
Proceed to receive treatment and have the healthcare providers document your injury adequately. The documentation provided by medical professionals is important for the claim.
Do not delay filing your claim since it should be filed within a given timeframe. Follow up with your employer and the insurer to track the progress of the claim.
If problems arise, seek an attorney specializing in workers’ compensation. These legal professionals will see to it that you know your rights and options so you can get the benefits you deserve.
Gathering Evidence and Building Your Case
When a workers’ compensation claim is served, gathering evidence becomes a priority in substantiating the case. The first thing you need to do is to write down everything regarding the injury, including the documentation.
Photograph the accident site, injuries, and equipment. Get as many witness statements as possible and contact information for coworkers who may have seen the accident. Present medical records and bills to support your claim.
A lawyer should help you with organizing your evidence. A competent lawyer will account for everything and see to it that nothing has been left out. Their familiarity with construction injury cases allows them to identify the necessary elements to bolster your case.
Don’t forget to document the dates when the incident occurred. The more comprehensive the evidence is, the better chance you have of winning the case.
Act quickly, especially since the quality of some evidence deteriorates with time.
Negotiating With Insurance Companies
Negotiating issues with insurance companies can overwhelm anyone in the process of recovering from a construction injury. Insurance companies try to minimize payouts, so having a lawyer on your side could really make a difference.
The lawyer will anticipate insurance companies’ low offers and prepare counterarguments to advocate for a fair settlement that accurately reflects the full scope of your injuries and losses. Lawyers will work to gather evidence and assess the value of your claim so that they can effectively communicate on your behalf.Â
Investing in a highly experienced lawyer will help protect your rights and give you an advantage throughout the process.Â
Maximizing Your Compensation and Benefits
Getting full compensation and benefits after a construction injury requires you to understand your rights and the resources available to you.
Having solid evidence, such as medical records and accident reports, that demonstrates the impact of the injury on your life will help strengthen your claim.
Hire a construction injury attorney to handle the complex insurance laws and negotiate fair compensation. Having a lawyer manage the negotiation process for insurance gives you the confidence that everything is accounted for.
Examine all potential sources of compensation, including workers’ compensation, personal injury, and third-party claims. Don’t hesitate to consult a lawyer for advice regarding maximizing your compensation and benefits.
