It’s hard to believe there are many more dangerous jobs than some of the strenuous duties our most talented construction workers perform. Unfortunately, construction accidents are part and parcel of the career as a whole. In the horrid circumstance of suffering from a serious accident at work, where do you turn?
First Steps to Compensation
An accident on a construction site can result in catastrophic injury or even death. And sudden accidents that leave the victim horrendously injured or worse, don’t only hurt the victim but the victims’ family as well. At this point, you are only going to have two different kinds of claims that you can file. These are either worker’s compensation or a negligence/tort claim.
Worker’s Compensation
Although most construction accidents result in a worker’s compensation settlement through the employer, it is imperative that you contact an attorney if you have any questions about your claim. Worker’s compensation covers any medical bills that resulted from the injury. However, there may be additional benefits to help cover some basic living expenses if the accident resulted in a disability.
Negligence or Tort Claims
Claims in which someone needs to be held accountable for their negligence are rather common in wrongful death cases, but there are differences when a construction accident leads to a disability. In this case, there are examples in which a general contractor or subcontractor may have been responsible for your accident by way of negligence, and in such a case you will be looking into tort claims. In any event, no matter what your injury, you will be the safest by attaining a qualified accident attorney first.
Mistakes to Avoid, and Moving Forward with Representation
Since there is certainly a host of mistakes you can make when trying to file a claim for compensation on your own, there is no substitute for knowledgeable representation. These mistakes might seem obvious, albeit, it is absolutely crucial to avoid these unfortunately common errors. The first of which is not notifying your employer of your injury immediately. In Pennsylvania, you have 120 days from the date of your injury to file your claim. Not adhering to this time limitation can severely impact the amount of compensation you receive.
Additionally, waiting to seek medical help and/or not going to a medical professional who is on your employer’s designated list of care providers can be detrimental mistakes. These medical stipulations are in place to protect your employer, and not following these rules can often lead to the employer successfully invalidating your claim. Furthermore, some people risk benefits because of other avoidable mistakes, such as failing to recognize that performing any job duty that leads to injury is never the fault of the employee, so long as the worker was working properly. Depending on other forms of compensation can sometimes be a misleading idea as well. Nevertheless, the biggest mistake people make is not working with an experienced attorney from the start.
At Edelstein, Martin & Nelson, we completely understand all of the benefits you are entitled to receive, and the quickest paths to obtaining them. We are passionately concerned about protecting your rights as a hard worker, and we make sure your job-related injuries are met with sufficient compensation. If you have been injured in a construction accident of any kind, call 888-208-1810 today!
Sources:
https://www.archives.gov/legal/tort-claims.html
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