Constructions site can quickly become hazardous as the possibility of scaffolding is always present. Several causes of falls on sites can include a lack of proper fall protection measures, unsafe work practices, and inadequate safety equipment. Accidents can happen but if a construction site is negligent then you deserve to take legal action. If you are a victim, it’s important to know what to do and what your rights are. This includes being ready and willing to pursue legal action, especially when safety protocol has been violated.
File a Compensation Claim
Common injuries stemming from construction site falls include broken spine and bones, head trauma, soft tissue contusions, back injuries, and psychological distress. This means any scaffolding accident is sure to leave you with medical bills and lost wages due to time away from work. Therefore, it’s important to file a compensation claim with the liable party to receive proper financial assistance.
Fortunately, construction companies are obligated to acquire workers’ compensation insurance so that any claim made during a project can be covered. Therefore, there’s a good chance you won’t have to worry about any out-of-pocket expenses for medical care, lost wages, and other related costs.
Workers’ compensation is a no-fault system, making it effortless for injured employees to acquire the financial aid they deserve – regardless of whose fault it was. According to N.Y. Lab Law § 240, workers have an undeniable right to receive assistance when accidents happen during construction, easing any burden on them and their families during these trying times.
Where the cause of the construction accident is traced back to a third party, such as contractors, subcontractors, equipment suppliers, and manufacturers, they may also be held liable.
This opens the door for pursuing litigation to claim compensation for any damages. It’s essential to note that workers can file third-party liability claims and workers’ compensation claims at the same time, allowing them to receive compensation from both. However, they will need evidence demonstrating a third party was negligent regarding their accident – exonerating their employer of any wrongdoings.
Engage Legal Services
There’s a good chance you won’t have to worry about not being compensated, but you should still enlist legal services to ensure all your rights are being defended.
In many cases, third-party liability claims tend to be more complex than workers’ comp claims, involving multiple defendants and other complex legal issues. Where you believe that your worker’s compensation claim was denied unfairly or if that amount isn’t sufficient to cover all the damages, getting legal assistance can help you achieve the best possible outcome.
Generally, an attorney experienced in construction site fall cases will be able to evaluate the facts and evidence of your accident, then create a compelling argument that ensures all your rights as an injured worker are being respected.
To alleviate any suffering or financial damage that may result from a construction site fall, it’s important to take the proper steps and ensure you are legally protected. This includes filing for workers’ compensation, engaging third-party liability claims, or even pursuing legal action. It can be tedious to keep up with all these details, but they are vital for your case. With the help of an attorney, you can be confident you will recover the compensation you deserve.