Accidents at construction sites are very common. From minor cuts to major injuries like bone fractures or even death, anything can happen to the workers. But it is not just the workers’ lives that are at risk but also those of any person passing by or visiting the construction site.
To maintain safety at a construction site, every construction company in the United States must follow OSHA or Occupational Safety and Health Administration regulations that are imposed by the U.S. Department of Labor. Recent labor statistics say that the construction industry witnessed an accident rate of 46.1%, and the fatalities at construction sites have increased in the past few years.
Luckily, employers or victims of accidents at construction sites can claim compensation from insurance companies. However, the claiming process is complicated, so the victims must take the help of an attorney for the construction accident claim settlement.
Accidents at Construction Sites
Accidents at construction sites are very common, and laborers face minor or major injuries while constructing buildings or structures. Some accidents are so severe that they even lead to death. Most construction site accidents occur due to negligent employers failing to meet safety regulations.
According to the statistics of accidents that occurred at construction sites, most of them were recorded for reasons of trips, slips, and falls from height. The laborers working at construction sites and many passers-by have also been severely injured by such negligence.
Who Can Claim a Compensation?
Usually, it is the right of an employee or the construction accident victim to claim compensation for the loss and damages. According to Occupational Safety and Health Act, every employer has to maintain a safe working environment at the construction site by following all the regulations imposed by the government.
An employer failing to maintain safety at a construction site can get into serious legal trouble. Even after maintaining safety standards, if the workers encounter injuries and accidents, the employer must compensate for their losses. Usually, the employer or an accident victim appoints a construction site accident attorney and claims a well-deserving amount.
5 Common Struggles Faced While Claiming Construction Accident Claims
Most people are unaware of the process of filing a construction accident compensation claim; therefore, they face many types of struggles.
1. Rejection of Claims
The most common struggle for people claiming construction accident claims is rejection. The main reason for rejection is a delay or an inappropriate amount asked as compensation.
2. Delayed Claims
After an accident, the victim already goes through a lot of physical and mental stress and drains financially. In such a scenario, a delay in receiving claims is the worst thing that can happen. Delays usually occur when you have failed to provide appropriate documents or information or when the amount asked as compensation is unacceptable.
3. Delay in Filing for Compensation
Another big mistake that accident victims commit is delaying the filing of compensation. According to law, a person who has met an accident at the construction site must report the injury and loss to the employer within 30 days. A further delay makes the filings inconsiderate.
4. Proving Losses and Injuries
It becomes challenging for a victim to prove their losses and injuries, so the claim rejects. However, if a victim hires an experienced attorney, gathering pieces of evidence and proving the losses becomes easier.
5. Miscalculated Compensation
When the compensation miscalculates, it is very likely to reject. Only a professional like an attorney can help with accurate calculations.
What the Compensation Covers
The construction site accident claim usually covers the number of medical expenses and the damages caused by accident. When you file a compensation, you can expect the claims for:
- Medical bills and treatment.
- Any type of temporary disability you have suffered.
- If there is any permanent disability resulting from the accident.
- If you need vocational rehabilitation.
In other words, the compensation aims to provide financial support to help the accident victim overcome the financial burden and return to a regular, healthy routine.
Summing Up
Anyone who encounters an accident at a construction site has the right to claim for the loss and damages. Even if the legal procedure of filing for compensation may sound overwhelming, it is worth it. If you are too scared to do it all alone, there are attorneys with years of experience to help you out.