How to File a Construction Accident Claim

Published on: 10/02/23 — In 

If you are injured in a construction site accident, take immediate action. Seek guidance from a construction accident lawyer. Understand your legal rights and options as you may be entitled to workers’ compensation benefits. You may also bring a claim against those negligent in causing your injury.

Take several steps before filing a personal injury claim. Gather medical care records and accident documentation. Keep detailed notes of conversations with witnesses. Save video footage of the accident for evidence. Consult an experienced construction accident attorney for just compensation.

Ktenas Injury Attorneys is available to help with your claim questions. Call us at (312) 300-2515 to schedule a free consultation with a Chicago construction accident attorney.

Understanding Your Rights and Eligibility to File a Claim

If you have sustained an injury in a construction accident, it is important to have a clear understanding of your rights and eligibility for filing a claim. Depending on the specific circumstances surrounding your injury, you may have the option to file a claim through workers’ compensation insurance, the Occupational Safety and Health Administration (OSHA), or potentially pursue legal action in civil court.

To gain a comprehensive understanding of your rights and eligibility, it is recommended that you seek the guidance of an attorney experienced in construction accidents and personal injury. They will be able to thoroughly evaluate the details of your work/related injury case and provide advice on the most suitable type of claim for your particular situation.

Who Can File a Claim?

When someone is injured in a construction accident, they may be entitled to compensation for medical costs and damages associated with the injury.

A construction industry claim can be filed by the injured party, by their family members, or by a personal representative if the victim cannot pursue legal action. To file a claim, it is important to understand who can file a claim and what information needs to be provided.

a construction worker helping an injured coworker after a fall

The injured party, or their family members if the victim is incapacitated, can file a claim. Additionally, they must provide information such as details of the accident, medical records, and proof of financial losses incurred due to the injury.

Types of Compensation Available in a Claim

When a construction accident happens, the responsible party may owe compensation to the injured worker. This workplace accident compensation can take different forms and is meant to help with medical expenses, lost wages, pain and suffering, and other damages.

Medical expenses, such as hospital bills, doctor's fees, medication, and rehabilitation, can be covered.

Lost wages, including future lost wages and other lost benefits or bonuses, may also be compensated. Victims can receive compensation for both physical and emotional pain and suffering, as well as any other emotional distress caused by the catastrophic injury.

In some cases, punitive damages may be awarded to punish negligent parties, in addition to other types of compensation.

Time Limitations for Filing a Claim

If you are seeking to pursue legal action after a construction accident, it is crucial to understand the potential time limitations for filing a claim. These limitations differ by state and depend on the specific type of claim.

Generally, the statute of limitations for filing a claim ranges from one to four years from the accident date. To ensure you are aware of the time limitations in your state, it is advisable to consult with a personal injury lawyer promptly.

Gather Evidence from the Accident

After a construction accident, gathering evidence is crucial for filing a claim. It's important to collect evidence quickly before it gets lost or destroyed. Here are some tips for injured construction workers to gather evidence:

  • Take photos at the accident scene to capture the conditions and events leading up to the accident.
  • Collect contact information and statements from any witnesses present.
  • Notify your employer promptly, especially if you plan to file a claim against them.
  • Seeking immediate medical attention is advisable if you're injured in a construction accident. This ensures you receive the necessary treatment and establishes a record of your construction injuries for potential future claims.

Documenting the Accident Scene

Documenting an accident scene is crucial for filing a claim after a construction accident. Taking pictures and collecting details from witnesses provides evidence to support the case. It's important to document the scene promptly, while it's still fresh in everyone's memory.

a photo of a construction site during the evening

Start by talking to witnesses and recording their contact information and statements about the accident. Take photos of the scene from different angles to capture the conditions that caused the accident.

Lastly, note down details like weather conditions and construction materials present in the area.

Collect Witness Testimony & Statements

After a construction accident, collecting witness testimony and statements is crucial for filing a claim. Witnesses can offer valuable information about the accident, the people involved, and the events leading up to it. Their statements can serve as evidence in court or during the claims process.

When gathering witness testimony, it is essential to speak to all potential witnesses and accurately document their statements. This involves recording their name, contact information, and any accident-related details they provide.

Obtain Relevant Medical Records and Reports

After a construction accident, it is crucial to gather relevant medical records and reports. These records are necessary to determine the severity of the injury, establish the timeline leading up to the accident, and determine liability.

Medical records may include hospital discharge summaries, doctor's notes, physical therapy records, X-rays, and other imaging results.

It is important to include all doctors and medical professionals who treated the injured party to get a complete view of the medical treatments received.

Take Photographs of the Injury and Site of the Accident

After a construction accident, it is important to take photos of your injuries and the accident site. This will help document your injury and any unsafe conditions. Photos can also be useful for filing a compensation claim.

Start by getting clear photos of your injuries from different angles. Then, take pictures of the accident site to document any hazardous conditions. Take both close-up and wide-angle shots to capture the full scene.

Prepare Your Claim

Preparing your claim is an important step in filing a successful construction accident claim. With the right information and preparation, you can ensure that your construction project claim is handled correctly and efficiently. Here are some tips to help you prepare for a successful claim after a construction accident:

  1. Gather evidence: Collect any physical evidence at the scene, including photos or videos of the accident, witness statements, and medical records.
  2. Get copies of all related documents: Make sure to get copies of any documents or reports related to the accident, such as police reports or insurance claims forms.
  3. Contact an experienced attorney: If you are filing a claim against an employer, it is highly recommended to contact an experienced workers' comp lawyer before preparing the claim.
  4. Keep records: Document all communication regarding the claim. This includes conversations, emails, and other relevant documents.
  5. Submit the claim promptly: Once you have gathered all necessary information and prepared your claim, submit it as soon as possible. The sooner you file the claim, the sooner you can receive fair compensation.

Documents You Will Need for Your Case

If you have been injured in a construction accident and are pursuing legal action, it's important to gather evidence that supports your claim. This evidence can include medical records, photographs of the injury or the accident scene, any police reports from the incident, witness statements, repair bills for damages incurred during the accident, and more.

a person filling out a construction health and safety report with a list of documents crucial to a construction accident claim overlaid
  • Medical Records: It’s important to provide proof of your injuries. This can be in the form of medical records, doctor’s notes, physical therapy reports, X-rays and imaging results, and more.
  • Police Reports: If there was a police report filed at the time of the accident, it’s important to obtain a copy for your records.
  • Witness Statements: Obtaining witness statements can help provide further insight into what happened leading up to the accident.
  • Other Related Bills: If any damages occurred due to the accident, be sure to include repair bills and any other related costs in your claim.

Draft a Detailed Statement About the Incident & Injuries Sustained

When writing a statement about a construction job injury, provide detailed information. Describe the incident, location, objects/people involved, and workplace injuries sustained.

Start with the date and circumstances of the incident. For example: "On June 25th, I slipped on wet ground while operating heavy equipment, resulting in a right leg injury." Include details about the injuries, such as bruises or lacerations, and any required medical treatment.

Lastly, mention any emotional or psychological distress suffered, such as anxiety, depression, or PTSD.

Filing Your Claim With an Experienced Ktenas Injury Attorney

If you have experienced injuries, traumatic brain injuries, spinal cord injuries, or a permanent disability due to a construction accident, filing a claim with Ktenas Injury Attorney is necessary to ensure you receive the full compensation you deserve.

An experienced injury attorney can help to make sure that all legal requirements are met and that your claim is taken seriously by those responsible for the harm done to you.

Ktenas has a team of experienced Chicago injury attorneys who understand construction accidents and the laws that pertain to them. We have extensive experience in filing, negotiating, and litigating injury claims for clients across the state.

We are committed to helping you get the best possible outcome for your claim and will work hard to ensure that you receive the financial compensation that you deserve.

Call us today to discuss legal advice on your construction accident comp claim.