Construction jobs come with innate risks to personal health. While there are plenty of safety measures implemented by law to prevent accidents, they can still occur at a high rate. If you’re injured on the job, it’s important to understand what kind of compensation you’re entitled to and how to properly form a case. The last thing you want is to be unable to prove your injury or accident happened, thus voiding your rights to needed compensation.
Workers’ Compensation Rights
This varies depending on the state you live in, but generally it covers all injuries inflicted on the job. An injured employee must prove that he or she is injured and that the injury was caused by something at the construction site. Companies are required by law to have workers’ compensation insurance to cover employees for medical expenses, lost wages and permanent disabilities inflicted by the injury.
Filing for workers’ compensation does not place blame on anyone for the injury, and the company cannot be sued for the accident unless negligence can be proved. Other parties, such as contractors, suppliers and engineers may be responsible for your accident, and you may be able to seek a personal injury claim for your losses at their irresponsibility.
How to Prove You Were Injured on the Job
While workers’ compensation is your right if you are injured, it is still necessary to prove the injury happened during work. You should follow these steps to ensure your claim can be filed:
- Seek medical attention: seeing a doctor immediately following the accident can provide initial documentation that you were injured
- File a report with your employer: give a detailed report to your employer that explains when and where the accident occurred, how it happened and who was involved
- Photograph the accident: photos of the area can be substantial proof that the accident happened, and give insight to insurance companies and lawyers (who were not present at the scene) as to how the incident occurred
- Record notes: keep copies of any medical documents, insurance information and receipts related to your injury; take daily notes of your injury and any subsequent problems you have suffered resulting from it
Though some of these steps may seem tedious, they are the best way to ensure your case is proven and you’re compensated justly for your injuries.
If you are concerned over your rights as an injured worker or feel your case may involve more complex matters, contact a construction accident lawyer. He or she can look over your case with experienced eyes and inform you of the best route to a stable recovery.
Source: Construction Accident Lawyers Queens, NY, Polsky, Shouldice & Rosen, P.C.