How to protect your rights if you’re injured on a construction site in New Orleans

How to protect your rights if you’re injured on a construction site in New Orleans

April 23, 2023

In New Orleans, construction and development projects are thriving – such as the $260 million redevelopment of Charity Hospital, including a research center for Tulane University, 300 apartments, a charter high school, 90,000 square feet of retail space and an underground parking garage. In a complex construction project like this one, there is constant risk of site accidents, leaving workers vulnerable to injury. In the face of such unfortunate events, understanding one’s rights and how to protect them becomes crucial. Knowing how to protect their rights if injured on a construction site in New Orleans workers can ensure they receive the compensation they deserve and safeguard their well-being when adversity strikes.

Seek Immediate Medical Attention

When faced with an injury sustained on a construction site, it’s of utmost importance that individuals prioritize their health by seeking immediate medical attention. Construction site injuries can range from minor cuts and bruises to severe fractures, head trauma, or even spinal cord damage. Regardless of the perceived severity of the injury, it is vital that the injured party consults a medical professional as soon as possible. Timely medical care not only aids in proper diagnosis and treatment but also creates a documented medical record linking the injury to the construction site accident. This documentation becomes invaluable when pursuing compensation claims, as it helps establish the extent of the injury and the direct connection to the workplace incident. 

Notifying the Supervisor and Site Manager

After sustaining an injury on a construction site, it is essential to report the accident to the appropriate parties. Injured workers should immediately notify their supervisor and the site manager of the incident. Prompt reporting not only helps establish a clear timeline of events but also ensures that the employer is aware of the injury and can take the necessary measures to address potential safety hazards. This step is also critical in preserving one’s right to workers’ compensation benefits.

When reporting the accident, workers should provide a detailed account of the incident, including the location, how it happened, and how it was caused. It’s also recommended to document these details in writing, as a written record can be beneficial in supporting any future legal claims. 

Gathering Evidence

In the aftermath of a construction site injury, preserving evidence of the incident is crucial for strengthening any potential legal claims. One effective way to document the scene is by capturing photographic and video evidence. Using a smartphone or camera, injured workers should take clear, detailed pictures and videos of the accident site, any visible injuries, and any contributing factors, such as faulty equipment or hazardous conditions.

Witness testimony can significantly bolster a legal claim following a construction site injury. As such, it is essential to gather contact information and statements from any individuals who may have witnessed the accident. Witnesses can include fellow construction workers, subcontractors, or even pedestrians who happened to be present at the time of the incident.

Keeping Records of Medical Expenses and Lost Wages

As injured workers navigate the legal process following a construction site accident, preserving relevant records becomes a critical component of their claim. Detailed documentation of medical expenses and lost wages can significantly influence the amount of compensation awarded for the injury.

Injured parties should maintain a comprehensive file of all medical records, including bills, receipts, and treatment plans. This documentation should cover not only the initial treatment but also any ongoing care or rehabilitation related to the injury. Additionally, records of time missed from work due to the injury, including sick days or unpaid leave, should be documented.

Workers’ Compensation and Third-Party Claims

Navigating the legal landscape following a construction site injury can be complex. It is crucial for injured workers to understand their legal rights and the options available for pursuing compensation. In most cases, workers injured on the job are entitled to workers’ compensation benefits, which can cover medical expenses, lost wages, and disability benefits, no matter who is at fault

However, in some instances, a third-party claim may also be warranted. Third-party claims can arise when the injury is caused by someone other than the employer or a co-worker, such as a subcontractor, equipment manufacturer, or property owner. These claims can provide additional compensation for pain and suffering, emotional distress, and other damages not covered by workers’ compensation.

Identifying Potential OSHA Violations

The Occupational Safety and Health Administration (OSHA) sets and enforces safety standards and regulations for workplaces, including construction sites. Identifying potential OSHA violations in the aftermath of a construction site injury can bolster a legal claim and ensure that negligent parties are held accountable for their actions.

Injured workers should familiarize themselves with the relevant OSHA regulations applicable to their work environment, such as those related to fall protection, scaffolding safety, and personal protective equipment. If any violations are discovered, they should be documented and reported to OSHA, who may then conduct an investigation.

Maintain Communication with the Employer 

Maintaining open and honest communication with one’s employer is vital following a construction site injury. Workers should regularly update their employer on their medical condition, treatment progress, and any anticipated changes to their ability to work. This communication not only ensures that the employer is aware of the worker’s status but also helps to preserve a positive working relationship during the recovery process. Ongoing communication with the employer can also aid in securing appropriate accommodations or modified work duties, allowing the injured worker to return to work safely and within their capabilities. 

Timely Filing of a Worker’s Compensation Claim

Construction Injuries

Familiarizing oneself with the statute of limitations is a crucial aspect of pursuing compensation for a construction site injury. This legal principle establishes the time limits within which claims must be filed. In Louisiana, the statute of limitations for personal injury claims is generally one year from the date of the accident, while workers’ compensation claims follow different deadlines and procedures.

Failure to file a claim before the end of the claims period means the injured party could lose their right to compensation. Injured workers should inform themselves about the relevant deadlines and requirements that apply to their specific case, and start the process of their claim right away. 

If you’ve been injured on the job at a construction site, contact us or call 504-526-2222 for a free consultation. 

By |2023-10-24T18:04:56+00:00April 23rd, 2023|General|

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