Delayed Onset Construction Site Injuries: Know Your Rights

Delayed Onset Construction Site Injuries: Know Your Rights

February 28, 2024

Delayed onset injuries can be deceptive. Because their symptoms often won’t appear for hours or even days after an accident, the victim may believe they aren’t really injured. Find out how severe delayed onset injuries can be, what symptoms to watch out for, and why accident victims should seek legal advice from Allan Berger & Associates in New Orleans.

  • Symptoms of delayed onset injuries, like whiplash, may not be obvious immediately after an accident.
  • Although accident victims may be tempted to see if their symptoms improve before going to a doctor, waiting to seek medical treatment allows injuries to get worse and affects insurance claims.
  • Some common delayed symptoms after a construction site injury include dizziness, nausea, and limited mobility.
  • Workers who develop occupational diseases from laboring on construction sites may be eligible for workers’ compensation benefits.
  • Statistics reveal an alarming number of construction site injuries occur annually across the United States.
  • Documentation, communication, and seeking a fair resolution are vital steps to receiving compensation for a delayed onsite construction site injury.
  • Most workers’ compensation cases are resolved without going to court.
  • By seeking legal advice, injured workers are more likely to receive fair compensation.
AspectImmediate Medical AttentionDelayed Medical Attention
Impact on injuriesPrevents worseningCan lead to complications
Insurance claimStronger caseMay face difficulties
Occupational diseasesEligible for compensationMay miss out on benefits
Workers’ compensationProper documentation neededRisk of dispute
ResolutionLikely quicker settlementUncertain outcome
Legal adviceRecommendedMay miss legal options

Why should you seek legal advice for delayed onset injuries?

Seeking legal advice in delayed onset injuries is crucial to ensure victims receive fair compensation, navigate the insurance claims process successfully, and protect their rights in cases involving delayed onset injuries. Allan Berger & Associates provides expert assistance for clients who have sustained delayed onset injuries in accidents.

What Are Delayed Onset Injuries?

Physical injuries sustained in an accident may not always show signs right away. The full extent of the consequences of a physical injury may also take some time to become noticeable. 

Following an accident, a victim should undergo a medical examination promptly for several reasons. One of these reasons is that accident victims aren’t always aware immediately that they have sustained injuries. Seeking medical attention proactively can help victims and their healthcare providers detect injuries early and treat the condition immediately.   

Accident-related injuries may worsen if the victim waits too long to seek a proper diagnosis and treatment plan. As a result, the victim may endure more suffering, incur higher medical costs, and face a less favorable prognosis. 

In addition to the medical consequences of waiting to see a doctor, accident victims who experience delayed onset construction site injuries may also face complications in their injury claims. When a gap of days or weeks occurs between the accident and the victim’s first medical examination, the insurance company may inquire why it took the victim so long to visit a physician. 

By arguing that the victim wasn’t really hurt or that their injuries weren’t as severe as they are claiming, the insurance company could attempt to minimize or deny the claim. As a result, the victim may end up with considerably less money than they need to make them whole, if they receive a payout at all. 

This unfavorable outcome doesn’t have to happen, even if the onset of the victim’s injuries was delayed. Not getting a thorough medical examination promptly may have been a mistake, but claimants can recover from this misstep. 

The victim should immediately see a medical professional to avoid any further gaps between the accident and diagnosis or treatment. They should also contact a personal injury firm like Allan Berger & Associates in New Orleans. 

An experienced attorney has the knowledge to explain and document delayed onset injuries as they advance the claim through the challenging legal process and to fight back against insurers’ efforts to minimize the victim’s damages. 

What Are Things Victims Should Know About Delayed-Onset Injury?

The strong force of a collision, as often occurs in a vehicle accident, can throw the victim’s body forward and backward in addition to any direct impact that occurs. In the immediate aftermath of an accident, though, a victim may not notice significant pain or stiffness. They may be stressed, in shock, and preoccupied with the hassle of reporting the accident and figuring out what to do next. The victim may simply feel glad that they have apparently avoided suffering any serious injury. 

What Are Things Victims Should Know About Delayed-Onset Injury?

Once the shock wears off and the delayed symptoms become noticeable, the accident victim may no longer feel so lucky. Sometimes, it takes hours for delayed symptoms to appear. In other instances, these symptoms may not manifest until multiple days have passed. 

Some of the symptoms that are most commonly delayed after an accident include: 

  • Bruising
  • Swelling
  • Abdominal pain
  • Numbness and tingling
  • Stiffness
  • Limited range of motion and mobility
  • Nausea
  • Bowel issues
  • Dizziness
  • Confusion and mood changes
  • Memory problems
  • Sleeping and eating changes

Victims who encounter any of these symptoms that begin in the hours or days after an accident should consult a doctor right away. These symptoms may indicate an underlying injury that the victim sustained in the accident but which resulted in postponed symptoms. 

Examples of the types of accident-related injuries that may cause delayed onset symptoms include: 

  • Brain trauma
  • Internal organ damage
  • Spinal disc injuries
  • Soft tissue injury
  • Whiplash

These injuries can be severe enough to noticeably affect victims’ quality of life. These injuries may impact the victim’s ability to work, perform their routine duties outside of work, and live the lifestyle they’re used to. Significant medical interventions, including surgery, may be required to treat severe conditions. 

Although the lack of immediate symptoms may have made the victim believe they had escaped the accident unhurt, the impact of injuries that produce delayed onset symptoms can be life-changing. 

Despite the far-reaching effects these injuries can have on one’s life, securing the financial compensation one deserves is particularly challenging when the case involves delayed onset injuries. Getting the right help is essential for victims whose injury symptoms were postponed to attain the most favorable outcome in a personal injury claim. Having one’s case reviewed by the New Orleans car accident lawyers at Allan Berger & Associates can put injured victims on the right path. 

Construction Sites and Occupational Diseases

The kinds of injuries that lead to delayed onset symptoms often occur in construction site accidents. These accidents range from automobile crashes involving construction vehicles to occupational exposures, falls on the worksite, and other mishaps that cause significant injuries. 

Many victims of construction site accidents think they are not able to pursue claims for occupational ailments since most construction site positions are transitory. But it isn’t the reality. 

Some common types of claims that arise out of injuries sustained on building sites include:

  • Hearing loss: Spending even a few days at a noisy construction site can result in hearing loss, especially if the victim isn’t provided with proper safety equipment. Corrective hearing aids and other medical costs, including any required doctor visits, are covered by workers’ compensation insurance.
  • Asbestos exposure: Many older buildings include asbestos, a fireproofing material now known to be a human carcinogen. Restoration operations may expose construction site workers to dangerous asbestos fibers. It can take up to 40 years for symptoms of asbestosis to manifest in conditions such as mesothelioma, a form of lung cancer that can be caused by a single, tiny fiber of asbestos that gets absorbed through the skin. 
  • Repetitive stress: The physically demanding construction work may involve frequent bending, stooping, and kneeling. These repeated movements strain the ankles, knees, and other joints and can eventually lead to irreversible damage.

In many cases, a victim is still eligible for full workers’ compensation payments even if their pre-existing condition played a role in the illness or accident.

The claims process for injuries at construction sites is full of potential complexities, and delayed onset of injury symptoms can add to these complications. Victims of construction injuries of any kind should consult an experienced construction accident attorney for the help they need to navigate the claims process and pursue the full amount of compensation available to them. 

The Alarming Statistics of Construction Site Injuries

Injuries on construction sites are all too common. In 2021, the construction sector accounted for almost one in five fatal workplace incidents, according to the U.S. Bureau of Labor Statistics.

Particularly prevalent were trips, falls, and slides, which in 2021 accounted for more than one-third of construction-related fatalities and over 46% of all fatal falls, slips, and trips. Most fatal falls in the construction industry occur when the worker falls considerably to a lower level. 

Life may never be the same for workers who survive construction site injuries. The injury can be severe enough to impact physical function, financial well-being, and plans for the future. For all of these losses, accident victims deserve compensation. 

What Are Victims’ Rights And What Should They Do?

Workers injured in construction accidents have legal rights, including seeking compensation for their losses. Here’s how injured construction workers can protect their rights. 

What Are Victims’ Rights And What Should They Do?

Thoroughly Document the Accident and One’s Injuries

For a claim to be successful, the victim must document the accident and the injuries it caused. 

In a case that involves a workers’ compensation claim, the injured party does not need to provide evidence that the employer caused the injury. However, the worker does need to prove that the injury occurred. 

If the construction site accident case involves third-party liability, there must be proof to support allegations of negligent behavior. 

Insurance companies may fiercely fight claims to reduce the benefits they must pay, so documenting worksite injuries is crucial.

A written injury report from the victim and any incident reports created by the business serve as required documentation for a workers’ compensation claim and a starting point for documenting negligence in a third-party claim. Successfully pursuing a claim for construction accident injuries may require additional documentation in the form of medical records, follow-up medical examinations, and witness depositions. 

Communicate With One’s Construction Accident Attorney

Attorneys for workers’ compensation don’t only work on the sidelines. They represent their clients’ interests, requiring them to know about their clients’ needs, concerns, and hardships. 

Keeping the lines of communication open and providing regular updates to the attorney can help the accident victim ensure the claims process goes as smoothly as possible. Although distressing delays can be part of the claims process, the victim doesn’t have to go through this alone. 

Seek a Fair Resolution

The amount of compensation an injured victim receives matters. Construction site accidents can pose a great deal of financial hardship. Just as the victim is out of a job and unable to make ends meet, more unpaid debts build up. The insurance company is aware of this and may use that knowledge to push claimants to accept an expedited settlement that amounts to less than they deserve. 

The compensation provided in most workers’ compensation claims pays for both lost earnings and medical expenses. 

When it comes to lost pay, most victims in Louisiana receive two-thirds of their normal weekly wage for the duration of their disability. As medical bills go, workers’ compensation insurance must typically cover all costs from emergency treatment to the final day of physical therapy. 

However, getting the money one deserves from a workers’ compensation claim may not be easy, especially when the insurance company questions the legitimacy of delayed onset injuries. 

Why Victims Should Seek Legal Advice

The workers’ compensation settlements offered to victims may not fully compensate them for their losses. This risk is particularly prevalent in claims in which the insurer disputes the severity of the victim’s injuries or whether the injuries are really work-related. 

There are many benefits of seeking professional legal advice for a workers’ compensation claim, including: 

  1. Having access to expert guidance: Experienced attorneys understand the legal intricacies and can guide claimants through the claims process.
  2. Knowing one’s legal options: Professional attorneys can explore all legal options, including any potential for third-party injury claims, which allows injured victims to make informed decisions about their case.
  3. Protecting the victim’s rights: Legal representation ensures the injured victim’s rights are protected during negotiations and in court, if necessary.
  4. Passing off the handling of insurance companies to the experts: Attorneys can handle negotiations with insurance companies on their client’s behalf, securing them financial payouts. 
  5. Maximizing compensation potential: Lawyers have the experience and resources to pursue the maximum compensation an injured worker is entitled to by calculating and documenting damages like medical bills, lost wages, and more.
  6. Reducing stress: Legal experts shoulder the burden of dealing with a legal matter, allowing the injured victim to focus on recovery.

Accident victims who bring on professional legal representation to handle their cases tend to have a higher success rate in securing the full amount of compensation available to them. 

In Summary

Delayed onset injuries can significantly affect accident victims’ health and injury claims. Injured workers can improve their chances of receiving the compensation they deserve by seeking immediate medical attention, documenting the case, and seeking legal advice from Allan Berger & Associates.

Contact Us at Allan Berger & Associates

If you’ve experienced delayed onset injuries or need legal assistance in New Orleans, don’t hesitate to contact Allan Berger & Associates. Our experienced attorneys are here to help you navigate the complexities of personal injury claims and workers’ compensation. Reach out to us today for a free consultation.

By |2024-03-06T10:13:26+00:00February 28th, 2024|Medical Malpractice|

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