What should I do if I am injured on the job or in a Construction Accident?
If you are ever injured in an accident on a construction site, it’s important to know exactly what to do to protect yourself and your rights. Thousands of people in the U.S. are injured or killed at work every year, and many of them work in the construction industry. If you are injured at work you may have a lot of questions and have no idea where to start and who to ask. The process can be very complicated and there is a good chance not everyone who wants to say in what you do is acting in your best interest. So what should you do and how long do you have to do it? First get a professional on your side and make sure you are working with a medical practitioner you trust to make sure your health is at the top of their priorities.
Do I get paid if I get injured at work?
Medical care must be paid for by your employer if you get hurt on the job—whether or not you miss time from work. You may be eligible to receive benefits even if you are a temporary or part-time worker.
What To Do If You Are Injured On The Job?
Seek first aid or other necessary medical treatment as soon as possible.
Let your supervisor know about the injury and the way in which it occurred, as soon as possible.
How long do you have to report a workplace injury?
Generally, you should give your employer written notice of the injury within 30 days after you were hurt. You also need to file an official workers’ comp claim by filling out the employee’s portion of the claim form (which your employer should give you) and returning it to your employer.
Can you get fired for reporting an injury or not reporting an injury at work?
If you are an employee at will in many states, you can be fired for any reason, even a foolish one. However, there are exceptions to this rule. In your case, if you believe you were fired in retaliation for making a worker’s compensation claim (not just for reporting it late), you might have a claim.
Can I sue my employer for getting hurt on the job?
You may need to make a claim against your employer for your work-related injury. You may need to go through the workers’ compensation process but you may also want to sue them in court. If your employer intentionally hurt you or if their negligence caused your injury or if your employer has insufficient workers’ compensation insurance or no workers’ compensation insurance you may need to file a lawsuit to cover your losses.
Can you sue your employer for emotional distress or causing PTSD while on the job?
If you are experiencing emotional distress due to the negligent or outrageous intentional acts of another person at work or who employs you, you may be able to bring a personal injury claim to recover damages. The law in this area is complex but with an excellent advocate, you may have a very good case.
What is a construction accident?
Construction accidents can range from property damage to personal injury. Construction accidents can result in injuries and/or damage sustained to persons or property. Workers on construction sites who experience these or other accidents can sustain a variety of serious injuries, including Burns. Electrocution. Eye injury, including vision impairment or blindness.
What is the most common injury in construction?
One of the most common types of construction injuries is falling. Construction workers are at risk from falls from scaffolding, cranes, roofs, ladders, and other heights at work. Slip, trips and falls account for 1/3rd of all personal injuries in the workplace and are a top cause of workers’ compensation claims. The types of injuries incurred from slips, trips and falls include head and back injuries, broken bones, cuts and lacerations, sprains and pulled muscles.
Frequently Asked Questions About Construction Accidents
A trespasser comes onto property in Kentucky without any legal right to do so. This makes it complicated to pursue an injury case because the duty owed is VERY small. The law basically states that the owner of property can’t try to intentionally harm a trespasser. It may be possible to argue that you weren’t …
The employer isn’t automatically at fault for injuries on a construction site. There may be third parties or subcontractors that are liable for damages. The employer might not have been able to prevent the type of injury that occurred. If you were hurt it is important to speak to an injury lawyer as soon as …
If a construction sites fails to put up proper barriers and you are injured than there is a case. I’m working on a case right now where an asphalt contractor didn’t put up a barrier. The contractor did leave a large pile of rocks on the roadway. My client hit the rocks late at night …
I was injured on a construction site due to the use of substandard building materials. Can I sue the construction company?
If you were injured on a construction site due to the use of substandard building materials you can sue the construction company for negligence. This assumes you are not working on the site. In that case you probably have a workers’ compensation case. If you are injured and not a worker than you have a …
What should I do if I was injured at a construction site and my employer does not have worker’s compensation coverage?
If you were injured on the job and your employer does not have workers’ compensation coverage you should speak to a workers’ compensation lawyer about your options. Kentucky has an uninsured employers fund that may provide benefits. There also might be a way to file a personal injury lawsuit.
Can I file a lawsuit against my employer if a third-party subcontractor injured me at a construction site?
If you were injured by a third-party subcontractor at a construction site than it makes sense to sue the subcontractor. You might also have a workers’ compensation claim, but that won’t allow for pain and suffering. A negligence complaint against the third-party subcontractor does allow for pain and suffering damages. A free consultation with a …