Construction accidents are quite common these days with quite a few buildings under construction everywhere in Dublin. There could be several reasons for a person to get injured in a construction site and knowing the causes can help you in dealing with the formalities of the compensation claim.
CONSTRUCTION ACCIDENT CLAIMS SOLICITOR WITH DEEP UNDERSTANDING OF CONSTRUCTION ACCIDENT CASES
Construction Accident Claims
Common causes of construction accidents
Below are some of the common injuries that can befall anyone at a construction site. These are not the only exclusive ones but these are definitely the major part of construction injuries reported.
- Working conditions not safe causing the worker to fall or slip on the floor.
- Injuries caused by falling on a staircase without a handrail or improperly installed one.
- Injury suffered by fall or collapse of a ladder.
- Injury due to fall from the roof and there is no lifeline or protection from fall available.
- Collapse of the scaffolding due to negligence of the safety rules.
- Incorrect or improper installation of excavation barriers or trenches causing injuries.
- Injuries to eyes and ears due to the unavailability of protection while using power tools.
- Improper lifting using back and not the legs.
- Injuries sustained from vehicles used for construction like forklifts, dump trucks, etc.
Most of the injuries sustained during the working hours in a construction site are covered under the compensation for workers provided by the management of the site. However, a person can also file a claim for personal injury for such accidents. These claims need not be always on the construction site owner or the management but it could even be a 3rd party liability claim. For instance, when a person is injured with a defective tool, then the person can claim both the worker’s compensation and also claim compensation from the manufacturer of the tool. Another example would be claiming compensation from another driver when in an accident driving the company’s dump truck. Here again, the worker is eligible for both the compensation at work and also the personal injury claim from the other driver. A personal injury lawyer can help you on your entitlements and the formalities surrounding it.
Worker’s compensation – what it entails
Construction Accident Claims: A set of laws that govern the benefits applicable to an injured employee is termed as worker’s compensation. This helps the employee to claim for any medical expenses incurred due to the injury and also to claim for loss of pay. A simple safety benefit that allows the employees to get a claim for:
- Medical expenses – Any treatment or medication that was received as part of the injury can be claimed from the employer. Some companies insist that the worker makes use of the company provided doctor for a period of 30 days post which they can choose their own doctor.
- Payment for temporary disability – In case the worker is injured and cannot work for a defined time period, then the worker is eligible to claim the wages for that time period from his employer. A doctor will need to certify the claim.
- Loss due to permanent ailment – In this case, the worker has lost the ability to work in similar environment due to the injury sustained. The company is therefore required to pay compensation for the worker. Age, income and the occupation are certain factors that are considered prior to the release of compensation.
- Change of job – In case the worker is injured and cannot continue the same job, but is capable of handling another job, then the worker is entitled for rehabilitation from the company. The income and other factors will be similar to that of temporary disability.
What you need to do in case of construction accident
If you sustain an injury while at work, then you need to do the below three steps.
- Reporting the injury: The first step to do is to inform the injury to your employer. It is beneficial to do that in writing and keep a copy for your future use.
- Fill in the form for compensation: A claim form will be available from your company which is applicable for all employees and all kinds of injuries. The claim form is mandatory for the employer to provide you with the compensation or any other benefits. Hence you need to fill it out as soon as you can, with correct complete details. Once you have filled the form, you can retain a copy of the same for your reference before submitting it to your company. It is now your employer’s duty to loop in the insurance company and take the claim processing forward.
- Sooner the better: The importance of filing the claim is when you do it. You need to file your claim the minute you are able to do so as a delay at your end will mean a delay in getting your compensation too. If you are not in the position to file the claim yourself, then you can get in touch with construction accident solicitor who can help you fill out the necessary formalities.
It will benefit you to check the claim with a solicitor so that he can review and advise you of the action you need to pursue.
Contact Lawyer Dublin solicitors for a free consultation at 089 490 7829
While the injuries sustained by a worker are always covered under the worker’s compensation claim, there are also possibilities, where a worker can claim additionally from a third party for the injury. In such cases, filing a personal injury claim is the way to go. In case, you met with an accident, where the other party is the cause of it and you were driving the company truck at that point, then you can claim compensation from the other driver for the accident along with your worker’s compensation claim. In order to know whether your construction accident claim is complete and if there is another way to pursue, you can get in touch with a personal injury lawyer for guidance. An attorney with experience in dealing with construction accidents and claims can help you review and guide you on your next course of action.