If you have been injured in a construction accident, you may not know what to do next or how to support your family while you recover.
You may have the right to receive benefits through your employer’s insurance or seek compensation through a third-party work injury claim. Taking the right steps can help protect your health and your right to compensation.
1. Get Medical Help Immediately
Your priority should be safety and seeking the necessary medical treatment. If the injury is serious, call 911 or ask someone on site to request emergency help.
Some injuries do not show up right away. Getting medical care as soon as possible can find hidden injuries and create medical records that link your injuries to the accident. Without prompt treatment, the insurance company may argue that your injuries are not as serious1 or were not caused by the accident.
2. Report the Accident
Report the accident to your supervisor, foreman, employer, or site manager by following your company’s reporting rules. They may give you the state’s DWC-001 form2 or another form used by the company.
Some employers require you to report an injury within 24 or 48 hours. Even if they do not, it is best to report the accident as soon as possible.
Most employers will require some of the basic information, including:
- The date and time of the accident
- Where it happened
- What you were doing at the time
- What caused the injury
- Who witnessed it
- What body parts were injured
It is often helpful to have a copy of the incident report, and you should be able to request one from your employer.
3. Preserve Evidence
Conditions on construction sites change more rapidly than on many other work sites. If you can safely do so, preserve the following records for your potential injury claim:
- Photos of the accident scene
- Photos of defective equipment, missing guards, fall hazards, or other unsafe conditions
- Names and phone numbers of witnesses, contractors, and subcontractors on site
- Safety meeting records
- Text messages or emails about the hazard
- Photos of your injuries
Do not rely on the employer or other parties to preserve everything for you.
4. Be Cautious When Speaking with Insurance Adjusters
After a construction accident, you may hear from an insurance adjuster. Try to avoid giving any recorded statements or broad releases of information to the adjuster unless you have discussed it with your attorney.
Adjusters may use these statements to undermine your claim later on, and they can use the release of information to gain unnecessary medical information that may damage your case.
5. Explore Your Legal Options for Seeking Compensation
Even if your employer does not have insurance under Texas Labor Code Chapter 4063, you may still have legal rights. If someone other than your employer caused or helped cause the accident, you may be able to file a third-party claim.
Construction accidents often involve third-party claims because many companies work on the same job site. A subcontractor, property owner, maintenance company, or equipment manufacturer may be responsible for your injuries.
A third-party claim may let you recover compensation for medical bills, lost wages, reduced earning ability, pain and suffering4, and other losses. Finding everyone who may be responsible can give you more ways to recover compensation.
If you have more questions about a construction accident at work, contact us today to schedule your free consultation. We can answer your questions and help investigate if you are eligible for compensation.
Sources:
1 https://www.law.cornell.edu/wex/mitigation_of_damages
2 https://www.tdi.texas.gov/forms/dwc/dwc001rpt.pdf