What to do after a construction accident at work

Your safety comes first, so no matter how small the injury appears to be, it’s best to seek medical attention right away. Your next step is to report the accident to your foreman or job site manager. In Florida, an injured construction worker can collect workers’ comp benefits, which cover their medical treatments and provide a partial wage replacement while they’re out of work recuperating.

Filing workers’ compensation claims is usually straightforward; your manager or company HR representative can guide you through it. However, some injured construction workers encounter problems, such as minimization of their claim or a denial on baseless grounds. Hiring an experienced West Palm Beach personal injury lawyer is your best bet at ensuring you receive all the benefits you’re entitled to.

Another reason to speak with an attorney after you’ve been injured in a construction accident is to explore your eligibility to receive both workers’ compensation and third-party compensation through a lawsuit against a negligent third party who caused the accident.

What you say and do after the construction site accident can impact what you say and how much. Follow your lawyer’s advice and these tips below to preserve the integrity of your construction accident claims.

Immediate steps after a construction site injury

To receive Florida workers’ comp benefits, you must follow the steps required by law:

• Get medical help: If the situation is an emergency, call an ambulance. Your employer’s workers’ compensation insurance covers post-accident medical care, including an ambulance trip for serious injuries. If the accident isn’t an emergency, go to your employer-indicated Urgent Care center or workers’ comp doctor. To have your medical care covered, you must use the employer’s doctors.
• Report the accident: Inform the site foreman or your direct supervisor about the injury as soon as possible. Although you have 30 days to report the injury, the sooner you let your company know, the quicker they can file your benefits paperwork.
• Document the scene: Gather evidence from the accident scene and take photos or a video before the accident is cleaned up. If you can, save any defective machinery or safety gear that contributed to the accident, in case you need evidence later. Note any witnesses and get their contact information.
• File a workers’ compensation claim: File a claim with your employer’s workers’ compensation insurance carrier. Your supervisor can help you, or if you’re getting pushback about filing a claim from your employer, your attorney can help you file for the benefits you’re entitled to.

Your right to file a third-party claim after a construction site injury

If the accident was due to the negligence of a third party, you have the right to file a claim for compensation against that party. For example, many construction site accidents are caused by defective or faulty equipment; if the machinery you were using was fundamentally unsafe, then you may have grounds to sue the equipment manufacturer.

Or, if the accident was due to a negligent vendor or subcontractor doing work on the job site, then you can file a case against that party.

Your construction accident lawyer can advise you of your eligibility to file a suit. In Florida, you have the right to collect both workers’ compensation benefits as well as compensation in a third-party claim.

A third-party lawsuit allows you to demand compensation for the full amount of your lost wages, plus current and future medical bills and property damages (for example, if your phone was broken in the accident). You can also claim compensation for your pain and suffering and loss of quality of life, which you can’t get with workers’ comp, no matter how badly you’re injured.

I was hurt on a construction site, but I’m not an employee. What are my options?

Construction company employees aren’t the only ones working on construction sites. If you’re a vendor or subcontractor working on the site, you have the right to file a suit for damages against the property owner or any other party that contributed to the accident.

You may be able to get workers’ compensation from your own company; ask your boss what’s available to you. However, suppose you’re a single owner-operator and you get hurt. In that case, your only recourse to have your medical bills and other losses paid for is filing a claim with the construction site’s insurance company or filing a lawsuit.

Seek medical attention after getting hurt on a construction site, as your medical records play a vital role in your claim. And, be sure to talk to a lawyer as soon as possible so you’re aware of your legal options.

Talk to a construction accident lawyer today

If you’re a construction worker or vendor, knowing what to do after a construction accident at work can protect your health and your finances. From filing a workers’ compensation claim to exploring third-party liability, every step you take matters.

The attorneys at Lytal, Reiter, Smith, Ivey & Fronrath have a strong track record of successfully settling high-value construction accident cases, and we can help you get the compensation you deserve. Call us today at (561) 655-1990 for a free consultation.