How to File a Claim for Your Construction Accident
If you were injured in a construction accident, your priority is to receive medical attention for your injuries. Then, you need to inform your employer about the incident and document your injuries in writing.
Depending on your injury’s circumstances, you may be entitled to compensation from third parties and workers’ compensation benefits through your employer. Your lawyer can help you identify potential claims against third parties.
Contact a Lawyer
Contacting an accident lawyer when you’ve experienced an injury is wise; this will ensure you meet all deadlines and build a solid case with them. A lawyer can also help assess what your injuries are worth, as well as whether your employer could be held liable.
Construction workers injured are typically entitled to workers’ compensation benefits for medical treatment and wage loss compensation. Your attorney can determine if you qualify and file a claim for your construction accident and the necessary paperwork on your behalf.
If your employer or workers’ compensation insurance company denies your claim, enlist the services of an attorney to appeal with the Workers’ Compensation Board and attend hearings on your behalf to maximize your chance of claiming the damages you deserve. This way, you have an increased chance of receiving them.
Collecting as much evidence from the scene of a construction accident is essential to prove liability, including photographs of the scene, injuries sustained, and witness statements. Witness testimony is invaluable when trying to prove another party was negligent.
Medical records are also essential; you should request them immediately. This may include receipts, diagnoses, discharge instructions, and physician correspondence. Save everything related to healthcare. Remember, having more documentation will make it easier for your attorney to prove your losses – including medical expenses, lost wages, future earnings lost due to pain and suffering, and more.
An experienced construction accident lawyer can assist in understanding all relevant documents in your case and filing workers’ compensation or third-party lawsuits against negligent parties. Furthermore, they will manage communications between insurance companies and the parties involved.
File a Claim
Based on your specific circumstances, filing a workers’ compensation claim or a personal injury lawsuit may be the right solution. Once medical treatment has been sought, take pictures of any injuries, records, and invoices related to your accident and treatment to strengthen your claim and demonstrate the full extent of losses suffered.
Once this information has been assembled, provide it to both your employer and insurance provider so they may assess and treat accordingly; also, follow doctor orders regarding recovery timetables before returning to work later on.
Negotiate a Settlement
Workers’ compensation can cover medical expenses and offset a portion of lost wages from injuries sustained on the job; however, it cannot address all non-economic damages. If someone else was responsible for your injuries and they should file a personal injury lawsuit, you could be eligible to file additional compensation through personal injury claims against them.
Once you present a demand letter to an insurance company, they typically offer their settlement offer. Unfortunately, their initial offer is often low to try and minimize the value of your claim; you should reject this offer and negotiate a fair figure with them instead.
Working with an experienced construction accident lawyer during this process is highly recommended to maximize chances of securing fair results; they often take more seriously when firm in negotiations and provide higher figures in settlement offers; otherwise, you may need to proceed to trial instead.