The following is a guest post written by David B. Lever.
David B. Lever founded the law firm, David B. Lever & Associates, PLLC in 2014 and is the firm’s top legal strategist. He has fought for the rights of accident victims and consumers for over 24 years. His area of practice is Personal Injury-Plaintiff, which includes construction accidents.
Working in the construction industry, especially at construction sites, involves a high risk of injury. Some of the most common injuries that construction workers are exposed to may result from falls, falling objects, building collapses, and fires or explosions. Some injuries result in burns, amputation, lacerations, cuts, eye injuries, and broken bones among other things. Considering the high risk of injuries in this line of work, worrying about finances is the last thing you need if an injury occurs that could keep you away from work for a while. Salary loss and medical bills pile up very quickly during such times. Workers compensation is designed to address such eventualities. In the US, the program currently covers over 130 million people. The average wages paid to covered people are in excess of $ 6 Trillion per year.
According to LeverInjuryLaw.com most construction workers who are hurt on the job can obtain workers' compensation benefits, as long as they were injured while doing their job. Ideally, workers compensation should cater for your financial issues during your treatment and healing period. However, the process of filing workers compensation claims and receiving the worker's compensation is not always smooth. Sometimes, your employer can even deny you the compensation. Below is a rundown of some tips that could help you in filing the worker's compensation for construction workers after an accident.
Five Workers Compensation Filing Tips
1. Report The Injury To Your Supervisor
Letting your employer know about your accident and injury is the first thing that you must do after suffering an injury at work. The tricky part about this has to do with timing. You must do it immediately or as soon as possible. You have to understand that there is a time limit within which you are supposed to report. If you fail to beat the deadline, your employer can take advantage of your mistake to deny your worker's compensation claim. Furthermore, if you take a lot of time and your injury heals, it can be difficult to prove that you actually suffered the injury at work.
2. See A Doctor
When you've suffered an injury at work, the most important thing that is at stake is your health. Therefore, you will have to seek the help of a doctor. Indeed, only a doctor can diagnose your injury. Diagnosis can also serve as proof that an injury actually occurred. The doctor will also treat you and guide you through the healing period. Furthermore, the doctor will provide more objective answers concerning the extent of the injury, and for how long you might have to stay away from work. In a nutshell, a doctor's report concerning your injury can add significant weight to your worker's compensation claim.
3. Ensure That The Claim Is Filed Appropriately
You have to ensure that the paperwork is done accurately. There are parts of the form that you will have to fill on your own and those that will involve your employer. It is of utmost importance to note that the documents you use in filing your claim could be used in a court of law. Furthermore, you have to gather evidence and provide detailed information.
It is also imperative that you be honest and document the accident as it happened. You could tell the whole story and have it written by someone else. However, do not provide more information than is needed, nor should you exaggerate. Remember that your employer or the insurance company will dissect every detail of the information you provide looking for loopholes that could undermine your chances of getting the workers compensation.
4. Maintain A Personal Journal
Maintaining a personal journal is a smart thing for every construction worker. It is by keeping your own records that you can compare your employer's records with yours and identify consistencies or inconsistencies. In your journal, you will have to record everything including the days you have worked, the hours you have worked, and exactly what you did. This is of monumental importance because it can help in protecting you from falsehoods that might arise to undermine your access to workers compensation.
5. Seek The Help Of An Attorney
Insurance companies are interested in maximizing their profit. Consequently, they hire dedicated legal teams to protect their interests. When you are up against such a corporation, you need a person who can fight on your behalf. You will need the help of an experienced attorney who knows how to handle such cases in order to prevent the corporation from undermining your potential worker's compensation.
However, you have to be careful with the attorney that you pick. Make sure that you get a lawyer with a solid track record particularly in the area of workers compensation. Although you can represent yourself in such a case, you have to understand that your employers and the insurance company will have lawyers. In such a case, you will have an obvious disadvantage, and a minor mistake could see you miss out on getting your workers compensation.
In conclusion, it is apparent that although you are entitled to workers compensation, the road to making your claim and getting the compensation can be long and winding. However, the above-discussed tips can help you through every step and process to ensure that you get the amount of compensation that you deserve.
Multi-employer worksites are extremely common in the construction industry, but they can still make work extremely complicated. One of those complications results when a subcontractor receives a governmental violation, such as an OSHA violation. As a controlling employer on the site, can a general contractor be held responsible for safety hazards of a subcontractor? One court says yes.