As a safety-conscious, responsible construction worker, you understand the dangers of your work site.
You take the proper precautions, wear the required safety equipment and never take unnecessary risks that violate site safety protocols.
Regrettably, you can still end up suffering a significant injury while on the job, even if you may have done everything right.
Even though construction sites are well known as dangerous places, this common knowledge doesn’t clear the site supervisors from their responsibility to keep their employees safe. And it doesn’t mean you lose your right to seek justice should you get hurt.
Your well-being and health should be considered the foremost concern when you have been injured. As with any severe injury, you must seek prompt medical attention.
If you sustained your injuries while on the job, then you should be entitled to workers' compensation benefits. Report your injury to your employer and, if physically able, take note of the names and contact information of those who witnessed the accident that caused your injuries. At this stage, it is warranted to contact a personal injury attorney who has the compassion, skill, and experience to be by your side and become your advocate.
Immediate investigation and preservation of evidence is a critical element in a construction site injury case. The investigation should involve a thorough examination of the scene where the accident took place. Oftentimes, it is necessary to get court orders to preserve evidence that is found on the construction site. In addition, an investigator should be contacted to interview all witnesses who were at the scene.
Another essential step is to establish contact with the investigating authorities, such as the Occupational Safety and Health Administration (OSHA). The issue of who is responsible for ensuring compliance with OSHA regulations often turns on who was in control of the job site or job activity when the employee was injured. In addition to identifying all general contractors and subcontractors, it can be pertinent to identify all the material suppliers that relate to the job site at the time of the accident.
It is important to know that there are variances with laws that are applied to Workers’ Compensation versus and personal injury claimants. A key difference involves the type of “damages” that can be claimed. An employee is not entitled to consider their pain and suffering as part of their “damages” sustained in the accident. Therefore, it is essential to choose an attorney who knows the difference, as well as the many other factors that can come into play during a major personal injury case that arose from a construction accident.
