Workers can file a worker’s compensation claim with an employer when they are involved in a construction accident but they cannot sue an employer. Worker’s compensation often does not fully compensate them for medical bills, lost wages, and future earning capacity as well as diminished quality of life.
A personal injury lawsuit, in addition to a worker’s compensation claim, can allow workers to receive what they deserve. For example, a construction accident attorney may find one of the third parties involved in the construction project was guilty of negligence.
What is a construction accident?
Construction work is often dangerous as workers are required to handle heavy machinery, use complex equipment and sometimes work at great heights. The potential for accidents that can cause serious injuries is high.
When an accident is particularly catastrophic, it can cause a lifetime of medical bills and an inability to return to work. The expenses associated with a loss of earning capacity and medical treatment can be devastating and cause severe financial hardship.
Consulting with a Lamber Goodnow construction accident attorney in Phoenix can help an injured worker to decide on the best course of action to take after an injury. These attorneys ensure that the rights of their clients are protected and that they get the highest compensation possible.
What to do after a construction accident
The first priority after a construction accident is to receive medical attention. This is important even in the case of minor injuries as some symptoms may not appear until hours or days later. Evidence that medical help was sought is important for workers who need to file worker’s compensation claims and personal injury claims.
The next step is to report the accident to the employer. Many states have laws that require this to be done within a certain timeframe. Employers need to take certain steps when an accident occurs and the sooner they know about it, the better, as they can take action to prevent other workers from being injured in the same way.
Employers require a written report about the accident and it must be as specific and detailed as possible. Workers should ask for a copy of the report as the details included in it may be invaluable later on in the event of a dispute.
Information a construction accident attorney will need
Some of the information required by a construction accident attorney will include:
- Witness contact information. Workers should obtain the names and contact details of any witnesses who saw the accident happening.
- Photos of the accident scene. This can help to prove certain claims, such as that an employer did not issue the employee with the right safety equipment. Photos of the damage sustained as a result of the accident may include bruises, wounds etc.
- Workers need to keep track of all medical records and expenses if they want to be compensated for them.
- Correspondence with an employer needs to be kept as well as notes about any telephone calls or in-person conversations.
Types of compensation
- The type of compensation an injured worker may be able to claim for includes:
- Medical and hospital bills as well as rehabilitation costs.
- Lost wages due to missing work as a result of injury as well as lost earning capacity in the future.
- Emotional distress suffered as a result of injuries.
- Pain and suffering, including diminished quality of life.
Consulting with an attorney can help an injured party to decide whether it is worth filing a personal injury lawsuit or not. If there is evidence that a third party’s negligence caused the accident, it will certainly be worthwhile.