What to Do After a Construction Accident in Bloomington

Immediate Actions to Take After a Construction Accident

Among the most common causes of workplace accidents are slips and falls. In 2021, the Bureau of Labor Statistics (BLS) documented 378 fatalities in the construction industry resulting from falls across the United States, and OSHA reported seven fall-related deaths in Illinois during the same year. Additionally, the BLS reported in 2022 that 423 deaths of construction workers were attributed to falls from heights, slips, or trips.

The steps you take following an accident could have implications going forward.

Prioritize Safety

After an accident on a construction site, it’s crucial to prioritize safety above all else. Amid chaos and uncertainty, the well-being of everyone involved should take precedence. Whether you’re a construction worker, a supervisor, or someone passing by, it’s important to understand why and how safety should be the primary concern.

• Secure the Area: After a construction accident, quickly secure the area by shutting down equipment, cordoning off the site, or redirecting traffic if needed to prevent further harm from loose debris, exposed wires, and hazardous materials.
• Aid the Injured: Your immediate priority should be assisting individuals who have sustained injuries. Even seemingly minor injuries could have underlying complications.
• Prioritize Your Safety: While it’s important to help, ensure your safety. Assess the situation carefully before taking action. If there’s a risk of structural collapse, fire, or exposure to harmful substances, maintain a safe distance until professionals arrive. Your well-being enables you to assist effectively without becoming another casualty.

Seek Medical Assistance

It is important to promptly seek medical attention after getting injured on the job. Even if the injury seems minor, it is crucial to have a doctor examine you for serious underlying conditions. Delaying medical help could lead to avoidable complications.

Some injuries do not show immediate symptoms. Seek medical attention to ensure issues are identified and addressed early. Immediate medical attention is crucial for ensuring recovery. Furthermore, if a personal injury suit or workers’ compensation claim needs to be filed later on, having evidence of seeking medical treatment will be advantageous to your case.

Report the Injury

Once you’ve addressed your immediate health needs, you should promptly report a workplace accident to your supervisor or employer.

Timely reporting of a job site accident is important for two reasons:

• The Occupational Safety and Health Administration (OSHA) requires you to take certain steps after a workplace incident to prevent future accidents. If your employer isn’t informed, this hinders the effectiveness of these preventive measures.
• Timely reporting strengthens the validity of your claim in the eyes of the court, employer, and insurance company, reducing unnecessary delays in processing your workers’ compensation claim.

When reporting an injury, be sure to do so in writing and retain a copy. Provide a detailed account of what happened, as it can be useful if disagreements arise later on.

Document Your Injury

You should record your injury in writing and report it. This involves taking photographs of visible injuries, keeping a log of your symptoms, and recording witnesses to your injury. This record will be valuable if you decide to file a workers’ compensation or personal injury claim.

Photos of the Scene and Visible Injury or Damage

Be sure to take numerous photos of the accident site. If you weren’t provided with the required safety gear, or the accident occurred due to employer safety violations, it’s crucial to document this.

Gather Witness Contact Information

Don’t forget to ask witnesses for their contact information, but be respectful if they are reluctant to share. Your personal injury lawyer can collect this information at a later time.

Document Correspondences

Maintaining copies of written communication with your employer is a good idea. Additionally, write down other interactions with your employer regarding your injuries or the accident, such as face-to-face discussions or phone conversations.

Keep Medical Records

It’s crucial to retain records related to construction accidents, as they often lead to severe injuries requiring ongoing medical care. Keeping thorough records of healthcare providers, medications, treatments, and medical expenses is essential for securing rightful compensation. With compelling evidence, you stand a strong chance of successfully pursuing a financial claim.

Seeking Compensation for Your Injuries

Construction accidents in Illinois are typically resolved based on legal principles of negligence or the Illinois Workers’ Compensation Act. Negligence claims are often filed against subcontractors, government agencies, architects, engineers, manufacturers, distributors, or general contractors.

Compensation for your construction injury can be obtained in various ways, including:

• Workers’ compensation claim
• Personal injury lawsuit
• Product liability lawsuit

Product Liability Lawsuits

Defective tools and equipment are the primary reasons for construction site injuries. If the equipment was poorly manufactured, designed, or lacked sufficient warnings, you may have a product liability case.

Personal Injury Lawsuit

Certain situations may warrant filing a personal injury claim, such as when the accident was deliberate or when your employer lacks workers’ compensation insurance. When filing a personal injury claim, it is crucial to prove fault by showing that there was a duty of care, a breach of that duty of care, that the breach caused the accident or circumstances resulting in your injury or illness, and that the damages can be quantified in monetary terms.

If you sustain an injury at a construction site due to the negligence of a third party, you may be eligible to pursue a personal injury lawsuit. This enables you to seek non-economic damages for pain and suffering.

Filing a Lawsuit Against Your Own Employer

If you’re considering filing a personal injury lawsuit, in many cases proving negligence may not be sufficient. In Illinois, there are strict limitations on suing your employer. Generally, you can only sue your employer for personal injury if they acted intentionally or did not have workers’ compensation insurance. Illinois does not have a gross negligence standard like many other states.

Workers’ Compensation Claim

The workers’ compensation system is advantageous for workers because it operates on a no-fault basis. Therefore, even if you bear some responsibility for the incident, you are still eligible for compensation. However, one drawback is that the amount of compensation you can receive is limited.

Under workers’ compensation, you can receive payment for the wages you have lost due to missed work and coverage for medical expenses and bills. In construction-related injuries, you may also be compensated for lost earning capacity. Workers’ compensation attorneys can help you with your claim. If the claim requires ongoing compensation, your attorney can advise you on how long workers’ compensation lasts. However, non-economic damages, such as compensation for pain and suffering, are not available in this type of claim.

Recovery and Follow-Up

After a job site accident, tracking your medical costs during your recovery is crucial. Keep a journal of how the accident affects your daily life. You may be entitled to compensation for ongoing medical care, pain and suffering, and medical care required due to the accident. Construction accidents often require ongoing medical care, treatments, and medications. Keep track of all your medical records, bills, and lost wages. A personal injury lawyer can help assess your claim and guide you through seeking compensation for your medical bills and lost wages.

Finally, following an injury on a construction site, it’s important to prioritize your physical and emotional healing. This might include taking a break from work to relax and recover, and seeking professional support or therapy to deal with the mental impact of your injury. Look after yourself and concentrate on making essential personal progress. With patience and attention, you can overcome your injury and return to your regular routine.

Returning to Work After Your Injury

Returning to work after a workplace injury can be a challenging process. Prioritize your health by following your doctor’s advice. Communicate openly with your employer about your limitations. Consider seeking support from coworkers or mental health professionals to ease the transition. Patience and understanding are key to a successful return.

Constructions sites are one of the jobs with the most workplace accidents. Dealing with workers’ compensation laws and construction site accident cases can be intricate, and it’s crucial to have the guidance of an attorney. It’s important to avoid making unintentional errors or settling for less than you’re entitled to.

If you have been injured in a construction site accident, contact us at Strong Law Offices to help you secure fair compensation.