How To File a Construction Workplace Injury Claim

If you have been injured in a construction accident, you may be more focused on recovering from your injuries than recovering compensation. However, taking the right steps after your construction workplace injury can improve your processes of securing funds from your employer or a third party.

The process for how to file a construction injury claim can vary depending on who was liable and how you want to proceed. Consulting a construction accident lawyer can help you determine the right route forward.

Step 1: Seek Medical Attention for Your Injuries

Your first step after any sort of accident should be seeking medical attention. Even if you feel your injuries are only minor, visiting a medical professional for a full-body assessment can ensure you do not overlook any underlying problems.

A medical professional will also provide you with documentation to support your construction workplace injury claim. Meanwhile, your medical bills will clearly showcase your medical expenses, showing the amount of money you need to move forward from the accident.

Step 2: Report the Accident to Your Employer

Alert your employer to the accident as soon as possible. If your injuries are severe, you should seek medical attention first. But if you can wait, tell your employer about the accident before you leave the scene. They should create an accident report and collect information to begin filing a workers’ compensation claim.

Your employer will only have a specific amount of time after finding out about the accident to report it. Telling them about the accident promptly can start the ball rolling for your compensation process. You will also have access to more evidence directly linking your injuries to your workplace.

Step 3: Determine the Liable Party

Several different parties may be liable for a construction workplace injury. Pinpointing the liable party or parties can help determine who to hold accountable for your injuries.

If the accident was no one’s fault or was technically your own fault, you can file a workers’ compensation claim. This claim prevents you from holding your employer directly liable for the accident.

If your employer was negligent in the accident, you may be able to seek compensation through a liability claim instead of a workers’ compensation claim. Your employer may have been negligent if they:

• Failed to maintain the equipment that caused your accident
• Neglected to provide proper safety equipment to protect you on the job
• Violated OSHA standards, creating an unsafe work environment

Meanwhile, you can also explore third-party liability for your accident. Another party may have been partially liable, such as:

• An equipment manufacturer
• The property owner
• A contractor

You may have the right to seek funds through a workers’ compensation claim as well as a third-party claim.

Step 4: Hire an Attorney To Assist You

Navigating workers’ comp and liability claims can be challenging without legal guidance. An experienced construction workplace injury attorney can help you determine the correct type of claim to file and handle the claims process so you can focus on recovering from your injuries.

Look for an attorney who practices in your geographical area and has extensive experience with construction accidents, not just workplace accidents in general. They will know OSHA guidelines and state-specific construction guidelines that impact your claim.

Step 5: File a Claim With the Appropriate Party

The type of claim you file after a construction workplace injury depends on the liable party and other factors. Below are your options for filing a construction injury claim.

When To File a Workers’ Compensation Claim

If your accident happened while you were performing your job duties, you likely qualify for workers’ compensation through your employer. Remember that you can no longer hold your employer directly liable for the accident once you file a workers’ compensation claim. Only file this type of claim if your attorney agrees you have no other options for compensation.

You can file a workers’ comp claim on your state’s Bureau of Workers’ Compensation website. You may also be able to file the claim directly through your employer.

When To Seek a Personal Injury Lawsuit

If your employer or a third party was negligent in your accident, you may have the right to seek compensation through a personal injury lawsuit.

Claiming employer negligence prevents you from seeking a workers’ compensation claim. Instead, your attorney will help you file a claim through your employer’s liability insurance or initiate a lawsuit against them.

If a party other than your employer was negligent in the accident, you may be able to file a third-party lawsuit along with a workers’ compensation claim. You’ll follow the process above to file your workers’ comp claim, then take legal action against the third party with the help of your attorney.

A lawsuit gives you access to compensation beyond your medical bills and time off work. You can also claim pain and suffering compensation to help make up for the devastating impact the accident had on you.

Step 6: Collect Evidence To Support Your Claim

You’ll need evidence to back your construction workplace injury claim, whether you’re claiming workers’ compensation or employer liability. Your attorney can help you collect photos, videos, and witness statements to demonstrate how the workplace conditions led to your accident. They can also reference past OSHA violations and accidents to point to your employer’s negligence.

Many workplace lawsuits settle out of court. If yours doesn’t, your attorney can present this evidence in court to show a judge or jury why you need compensation from the at-fault party.

Find an Experienced Construction Injury Lawyer Near You Through Accident Hotline

Navigating a construction workplace injury claim without an attorney on your side is challenging. Let Accident Hotline find a professional, experienced attorney near you to assist with your claim. Whether you need help upholding cyclist legal rights or filing a workers’ compensation claim, we can match you with legal assistance.

Call the Accident Hotline today at (844) 343-9609 for a free consultation. We’re available 24/7 to discuss your legal representation options.