The construction industry is one of the most dangerous industries of all. Construction workers are constantly exposed to all kinds of hazards that may lead to injuries. The Bureau of Labor Statistics estimates that about 150,000 workers are injured every year on construction sites. On the other hand, OSHA estimates that one in ten construction workers is injured each year.
If you’re a construction worker, suffering a work-related injury can be catastrophic to your life. Suddenly, you’ll be dealing with substantial medical bills, and you probably won’t be able to work until you’re fully rehabilitated. Faced with this grim prospect, you may be wondering: What should I do after I’m injured? What are my rights after a construction accident? Will I need the help of a Los Angeles workers’ compensation attorney? Keep reading to find the answers to those and other questions you may have.
What should you do after a construction injury?
Before reviewing your rights after a construction accident, there are some steps you should take after your injury. These will help you increase your chances of receiving the maximum compensation available for your case.
Seek medical attention: There is nothing more important than your health. After a construction site accident, be sure to see a doctor as soon as possible. Even if your injuries are minor, you should still follow through with this step. Besides helping you treat your injuries, your treating physician will issue a medical report that will help you get the compensation you need.
Notify your employer: Once you have dealt with your immediate health situation, be sure to notify your employer about the accident properly. Try to comply with your state’s statutes of limitation.
Gather information: If possible, try to collect all the information you think might be relevant to your future claim, the contact information of witnesses, photos of the accident scene, medical reports, etc.
Talk to an attorney: Obtaining compensation on your own can be an extremely complicated task. That’s why working with a Los Angeles construction accident attorney, such as C&B Law Group, may be the wisest thing you can do.
After a construction site accident, you can pursue two types of compensation claims: a workers’ compensation claim and a personal injury claim. An experienced attorney can help you decide which option is best for your case.
Option 1: Workers’ compensation claim
After a construction site injury, you may be able to apply for workers’ compensation benefits. Through these benefits, you will receive money to cover your short and long-term medical expenses and your lost wages during your rehabilitation. Moreover, you will be able to receive a monetary settlement even if the injury was your fault since the workers’ compensation system is a no-fault system.
However, you will have to prove that your injury occurred while performing a work activity to be eligible for compensation.
Option 2: Personal injury claim
On the other hand, if your employer’s neglect caused your injuries, you may be able to pursue a personal injury claim. These types of claims can get you more money than a regular workers’ compensation claim. However, you will have to prove that your employer was directly responsible for your injuries. This is often much more complicated, so be sure to consult with a local attorney before deciding to pursue such a case.
Can I file both claims?
Simply put, the answer is no. Suppose you opt to receive by applying for workers’ compensation benefits. In that case, you will be giving up the ability to pursue a personal injury claim against your employer.
If you have further questions about construction site injuries, be sure to consult with a workers’ compensation attorney near you to learn the value of your case in minutes.