Undoubtedly, there are a lot of risks in the construction company. People working on the field and on-site are always at the risk of meeting accidents since they need to use multiple dangerous pieces of equipment. Whenever a person is injured or things don’t go as expected the situation becomes difficult for everyone to handle.
Furthermore, dealing with the emotional and physical trauma of the incident is something everyone goes through. A few major instances that can take place as a result of construction site accidents are, getting injured so bad that one cannot work for the rest of their life, accidents caused by a colleague or a teammate, etc.
During such situations, what should be done? Can one file legal suits? Several questions run through everyone’s mind, and people are not sure about them. Having said that, you should be aware of several such aspects related to construction site accidents. This helps in taking legal actions if required or claiming money from insurance companies.
Today, we are taking a deep dive into such questions to be sure about it.
Table of Contents
The Cause Of The Accident
When a worker is working at a construction site, several factors are responsible for causing them to sustain an injury. Having said that, the reason for the accident should be determined to get to the root cause. It can be either an improperly placed scaffold or the presence of some toxic chemicals that resulted in the injury.
Additionally, it can be that there was some junk which fell from above, on a servant standing beneath and hit them. No matter what the case was, understanding the reason for the accident is critical. After knowing what caused the accident, there are several other questions you need to ask yourself. Make sure to hire the best construction injury lawyer. Click here to find some of the best construction injury lawyers.
Who Was At Fault?
Based on the reason for the accident, there can be several parties responsible for the accident or considered liable. We will lose some of the cases that will make you understand the scenario better.
- The response can be another employee who was intoxicated at the site and was not performing mindfully at the job. There are chances that they performed negligently and the accident happened due to which somebody else got hurt.
- The liable party can be the employer who did not provide appropriate safety for the operations. Having said that, the employer should offer proper safety and training to the workers to make sure there are no mishaps.
- If an accident happens with a piece of machinery, the manufacturer of that machinery will be responsible. T is because the machinery was defective which caused the accident.
Actions To Be Taken Immediately After An Accident
After an accident happens at a construction site, there are a couple of things that you need to act upon. First and most, the employer should be informed of the accident, and second is that you need to seek medical attention. This way, you will be ensured that the employer is aware of the accident and what happened. After reaching the hospital, the medical records will help you know exactly what happened and what was the fault.
This will furthermore make you understand the injuries that were caused as a result. This will support your cause of accident further. After obtaining all the details of the accident you can contact a lawyer to understand the case better and know what needs to be done. This way you will know the steps that you need to take.
The Types of Claim
Based on the person who was responsible for the accident, you will have to apply for the claim. The claim that you can apply for is either the workers’ compensation or a third-party claim. The workers’ compensation claim will only work if the injury was caused due to an accident. The coverage will be done with the help of the company’s insurance.
On the contrary, a third-party claim will work if the accident was caused because of the negligence of any person or another.
The Process Of Claim Filing
The next thing depends on the type of claim that you file after the accident and what your goal is. For instance, if you file a workers’ compensation you will have to offer all supporting documents to provide the required information about the accident. Before you receive the claim you will have to be sure about what you need from the claim company.
When you are filing a third-party claim, you will have to go through several steps. The steps are listed below;
- File the claim.
- Presenting all supporting documents and evidence as well explaining the reason behind filing this claim.
- Negotiating on the settlement.
- If required, a trial as well.
The entire process can be a bit difficult, but taking help from a lawyer will help you to a great extent
Write Down Everything That Happens And Doesn’t Happen In The Process Of Adjusting The Claim.
One of the best ways to avoid long delays in settling a claim is to keep a written record of everything that happens and doesn’t happen and give it to the insurance company adjuster on a regular basis. Insurance companies are known for taking a long time to settle claims because they don’t put in the time and money they need to, and because it’s in their best interest to keep money for as long as possible.
They are worried, though, that they could be held responsible for bad faith outside of the contract if they handle claims slowly. Sending a simple, matter-of-fact email or letter to the insurance company’s adjuster every time a deadline is missed, a meeting is cancelled, or a claim payment is late will show that this is not acceptable behaviour and that you are keeping a record that, if necessary, can be used in a bad faith lawsuit.
For insurance claims to be settled in a reasonable amount of time, policyholders need to take charge of the process and show that they are determined to get the coverage they paid for. This will take a lot of work, but it will pay off in a big way.