Most construction accidents involve workmen injured at a construction site. Injury may be caused by faulty equipment such as a forklift, scaffolding or nail gun. The injury may also be caused by mistakes made by other contractors. Injury may also be caused to innocent bystanders by faulty construction.
Preserving evidence is critical in construction accident cases as well as most other accident cases. Taking photographs and making measurements may need to be done right away. Witnesses may need to be interviewed while their memory is fresh and they are still willing to cooperate.
If you were injured in a construction accident while on the job, you will have a workers’ compensation claim. Your employer’s workers’ compensation insurance company may investigate the cause of your accident. It does this for two reasons. First, it wants to prevent future accidents under similar circumstances. Second, it wants to determine if any party other than your employer, your coworkers or you are responsible for your injuries. If someone else is responsible or even partly responsible, then the workers’ compensation insurance company has a right to be reimbursed out of a lawsuit for any wage payments or medical benefits it makes.
In some instances, OSHA (Occupational Safety and Health Administration) may investigate your accident. The OSHA investigation and report may be very helpful in determining whether you have a lawsuit for your injuries.
If you work for a subcontractor and you are injured due to the conduct of the general contractor, your claims may be barred under what is known as the statutory employer defense.
If you or someone you know has been injured in a construction accident, I can assist you in evaluating your case.
» Read My Sample Construction Accident Cases
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