Knowing what to do after a construction accident is crucial for protecting your health, securing your legal rights, and ensuring you receive the compensation you deserve. At Ernst Law Group, our San Luis Obispo construction accident attorneys are dedicated to guiding you through this challenging time and helping you take the necessary steps to protect your interests.
Contact us online or call (805) 541-0300 to learn more.
Immediate steps to take after a construction site injury
1. Seek immediate medical attention
Your health and safety should be your top priority. After a construction site injury, seeking medical attention right away is critical, even if the injury seems minor. Some injuries, such as internal bleeding or concussions, may not show immediate symptoms but can be life-threatening if left untreated.
Make sure that a healthcare professional documents all your injuries. Detailed medical records will be crucial if you pursue a workers’ compensation claim or personal injury lawsuit.
2. Report the injury to your employer
One of the most critical steps after a construction site injury is to report the incident to your employer as soon as possible. In California, you must notify your employer about your injury within 30 days to be eligible for workers’ compensation benefits. However, it’s best to report the injury immediately to avoid disputes.
- Written report – Provide a written report of the injury, including details about how, when, and where it occurred. Keep a copy of this report for your records.
- Employer’s responsibility – Your employer must provide you with a workers’ compensation claim form (DWC-1) within one working day of learning about your injury. Fill out this form and return it to your employer promptly.
3. Document the scene and gather evidence
Gathering evidence immediately after the injury can significantly impact the outcome of your claim or lawsuit. If you’re physically able, gather the following:
- Photographs and videos – Capture photos and videos of the accident scene, including any hazards that contributed to your injury, such as unsafe equipment, lack of protective gear, or poor site conditions.
- Witness statements – Collect contact information from coworkers or bystanders who witnessed the accident. Their statements can corroborate your account of the incident.
- Incident reports – Request a copy of any incident reports or safety logs documenting the accident.
4. File a workers’ compensation claim
In California, workers’ compensation benefits are available to employees who are injured on the job. Filing a workers’ compensation claim is critical in ensuring that your medical expenses and lost wages are covered.
- Workers’ compensation form – Complete the workers’ compensation claim form (DWC-1) and submit it to your employer. Your employer will forward the claim to their workers’ compensation insurance carrier.
- Medical treatment – The workers’ compensation insurance company will direct you to an approved medical provider for treatment. Follow the doctor’s orders and attend all follow-up appointments to ensure a full recovery.
5. Consult with a construction injury attorney
Navigating the legal complexities of a construction site injury claim can be challenging, especially when dealing with insurance companies and potential legal disputes. Consulting with an experienced construction injury attorney can help you understand your rights and options.
- Free consultation – At Ernst Law Group, we offer free consultations to discuss your case and provide guidance on the best course of action.
- Legal representation – If your claim is denied or if you believe a third party (such as a subcontractor or equipment manufacturer) is responsible for your injury, an attorney can represent you in pursuing compensation through a personal injury lawsuit.
Understanding your legal rights
In California, workers’ compensation laws benefit injured workers regardless of fault. However, there may be additional avenues for compensation depending on the circumstances of your injury.
Workers’ compensation benefits
Workers’ compensation benefits typically cover:
- Medical expenses – All reasonable and necessary medical treatment related to the injury.
- Temporary disability benefits – Payments for lost wages if you cannot work while recovering.
- Permanent disability benefits – Compensation if your injury results in a permanent disability.
- Supplemental job displacement benefits – Vouchers for retraining if you cannot return to your previous job due to the injury.
Third-party liability claims
Sometimes, a third party (other than your employer) may be liable for your injury. For example, if a subcontractor’s negligence or a defective piece of equipment caused your injury, you may be able to file a personal injury lawsuit against that party.
Ernst Law Group can help
If you or a loved one has been injured on a construction site, don’t hesitate to contact Ernst Law Group at (805) 541-0300 for a free consultation. We provide the support and legal representation you need to protect your rights and achieve the best possible outcome.
