Cases we handle
Construction Accidents
The Hazards of Construction Sites
Construction sites can be dangerous, and occasionally accident will occur. While employees are encouraged to practice safety measures while on the job, sometimes preventing accidents is out of their control. For this reason, and many others, the majority of companies obtain an insurance called workers’ compensation to protect their employees. In this article, you will find tips and information on what to do in a construction accident and the general steps in filing a worker’s compensation claim.
First and foremost, when involved in a construction accident, you must immediately report it to your manager, boss, etc. There are a wide range of accidents and injuries that can occur at construction sites. Come of the most common include:
- Falls
- Machinery accidents
- Falling debris, materials, or objects
- Slips and falls
- Overexertion
- Crushing accident, or getting caught in or between two objects
- Electrocutions
- Motor vehicle accidents
- Trench or scaffolding collapses
The Steps After a Construction Accident
It is imperative to notify the proper parties at the time of the incident, if you are in well enough condition to do so. In many cases the failure of an injured employee to report his or her injury to the employee’s supervisor can act as a complete bar to recovery.Most employers will request an incident report in your own writing and words to keep on file for further investigation into the claim. In addition to the written statement, all employers must provide a claim form, if able, at the time of the incident to properly document for insurance purposes.
Until the insurance claim form is completed and submitted, the employer sustains no liability in regards to providing benefits. It is however, up to the employer to notify the insurance company of the incident and document accordingly. As stated above, it is important to report the accident as soon as you are able; this will avoid any delays in the claim process, and allow for a smooth treatment regimen if needed.
If you are not already familiar with workers’ compensation insurance, it is a method for employers to protect their employees in the event of an accident while on the job. This insurance is able to provide coverage for medical care, prescriptions, and even lost wages for the injured employee. Workers’ compensation insurance is available in order to provide benefits to an employee if they are injured on the job; not a legal attack on the employer itself. Contingent on whether the claim is accepted or denied, the insurance will typically pay for any medical care directly related to the injury. The insurance policy might also pay out for lost wages if the injured employee has to spend any time away from the job.
Construction Accidents and Disability
Not only can you receive compensation for medical care, it can also pay out for temporary and permanent disability. If an employee is seriously injured on the job and must take significant time away for recovery, temporary disability can be granted. With minimum and maximum limits, temporary disability will compensate for any lost wages when the employee is out recovering.
In order to be eligible for temporary disability, a doctor must sign off on the determination that your injury and recovery will keep you out of work for a period of time. If the employee is not able to return to the exact same job due to the injury, the employer can sometimes find a different position for the employee that is more conducive to their abilities after the injury.
Permanent disability is when an employee is no longer able to return to work in any capacity due to the injury sustained on the job. Several factors are taken into consideration when awarding permanent disability, such as the extent of the injury, the limitations, age of the injured employee, job duties, and the rate of pay.
Generally, this type of compensation is for those who have suffered a career-ending injury in which they are unable to perform the same job, for any amount of time. Like temporary disability, a doctor must sign off on the injury being present; however, this injury must be severe enough to completely eliminate the employee from performing the tasks of their job.
For more information, feel free to look through our North Carolina Personal Injury FAQs.
Call Kreger Law Firm at (888) 820-5885 to speak to a North Carolina Personal Injury Lawyer today