How to File a Construction Injury Claim
If you work in construction, you understand that your risk of injury is very high. The construction industry has been called one of the most dangerous as injuries occur regularly. Even with many safety procedures, regulations and programs in place, injuries still occur simply because of the nature of the business. If you have been injured while working in construction, there are some details you need to know in order to file a construction injury claim.
Safety Regulations
As an employee on a construction site, you are required to follow safety procedures at all times. However, your employer is also responsible to follow regulations set forth by the Occupational Safety and Health Administration (OSHA). Employers must remove hazards from the workplace and provide the equipment necessary to keep you safe. OSHA regulations must be posted in a conspicuous location and there must be a hazard communication program. Your employer is also required to have a safety training manual. You must also be notified of the existence of medical records as well as any records of exposure. Your employer must give you access to those records should you request them.
Filing a Construction Injury Claim
After a construction injury, you should immediately seek medical attention, regardless of whether safety regulations have been met. You need to have a healthcare professional document your injuries and provide you with treatment. You must also report the injury to your employer who should have a workplace injury reporting process in place. Workplace injuries are covered under workers’ compensation . Your employer is required to provide you with coverage for any lost wages, medical bills and other expenses related to your injury.
Personal Injury vs. Workers’ Compensation
Under the law, you are not permitted to file a personal injury lawsuit against your employer if you are injured as part of your regular job duties. Workers’ compensation only provides for lost wages, medical bills and other payments related to your treatment. It does not allow you to collect pain and suffering compensation, even if the employer was negligent. However, if the injury was caused by a third party, you may be able to file a personal injury claim against them. For example, if you were injured on the job because machinery your company rented malfunctioned, you may be able to file a claim against the machine manufacturer or the rental company. A personal injury claim allows you to seek additional compensation, including pain and suffering.
If you or a loved one was injured in a construction accident, contact Lundy Law today to learn what rights you may have. Because you are unable to sue your employer for workplace injuries, hiring an attorney simply confirms that you are receiving the proper compensation. In addition, an attorney can advise you whether you have a construction injury claim against a third party. You can arrange for your initial consultation by calling 1-800-Lundy Law or completing the easy form on our website.
