Construction sites are known to be dangerous places, and they lead to an unfortunate number of work-related injuries every year. When this happens, the worker is often unable to work for a significant period of time, losing out on wages and racking up medical bills. When this happens, they need a way to recoup their losses. Here’s what you need to do to file a construction accident claim:
Report Your Injury to Your Employer
It’s important to let your employer know about your injury as soon as possible. You have to report it within 30 days, and sticking to this deadline is essential. Reporting promptly helps ensure that your rights are protected and the necessary paperwork gets started.
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Except as provided by sections 5402 and 5403, no claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to have caused the disability or death, there is served upon the employer notice in writing, signed by the person injured or someone in his behalf, or in case of the death of the person injured, by a dependent or someone in the dependent’s behalf.
Make sure you notify your employer in writing.
Seek Medical Attention
Getting medical attention right away is a must. It’s not just about taking care of yourself; it also helps your claim. Go see a doctor as soon as you can, and be sure to keep records of your visits, treatments, physical therapy appointments, and any prescriptions you receive. These records serve as proof of your injury, which is important when your Los Angeles construction accident attorney is working on your claim.
Speak With a Lawyer
After you seek medical attention and let your employer know about your injury, it’s important to reach out to a Los Angeles workplace accident lawyer as soon as possible. You should find one who is specifically experienced in construction accidents. Working with a lawyer makes it less likely that administrative mistakes will be made, meaning your claim will be on time and successful. They can also help you gather the appropriate evidence to prove that you were injured.
Assess Your Options and Determine the Type of Claim to File
Understanding whether to pursue a workers’ compensation claim or a third-party lawsuit – or possibly both – is an important step in seeking the compensation you deserve. This decision can significantly impact your case, and getting it right is easier with your lawyer’s help.
Workers’ Compensation
Workers’ compensation is a type of insurance that provides benefits to employees who get injured on the job. Filing for workers’ compensation can help cover medical expenses and lost wages. Workers’ compensation protects employers from being sued by employees, and you do not need to prove fault for your claim.
Third-Party Lawsuit
In some cases, someone other than your employer might be responsible for your injury. For example, a property owner, equipment manufacturer, or subcontractor. If the negligence of one of these parties caused your injury, you may be able to file a personal injury lawsuit against them. In this type of personal injury lawsuit, you need to show that the defendant was negligent and that you were injured because of their behavior.
Determining which route you need to go can be difficult, but your lawyer can help. You may even be able to pursue both a workers’ compensation and a third-party lawsuit.
If you have or need help with the next steps, contact us today to schedule a free consultation with a construction accident lawyer.
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