Construction sites are dangerous environments, and even with all necessary precautions, construction accidents can still occur. If you were hurt on a job site, you might be wondering how to proceed. For help getting started, here are the answers to some of the most frequently asked questions about these types of injuries.
Common Questions About Construction Accidents
Am I entitled to workers’ comp benefits?
If the accident occurred while you were on the job, you might be entitled to workers’ compensation benefits from your employer’s insurer. These funds will primarily cover medical bills and a portion of your lost wages. To file a successful claim, you must be classified as an employee, and you must have been working within the scope of your employment at the time of the construction accident.
Do I have grounds for a personal injury claim?
If you’re classified as an independent contractor, you’re not covered by workers’ comp insurance. However, if you were hurt because another party failed to act with reasonable care, you may be able to file a personal injury claim. As long as the person who caused the accident has adequate liability coverage, a third-party claim may yield the compensation you need to cover your medical expenses, lost wages, and other damages. You may also have grounds for a personal injury claim if you weren’t working on the site but were hurt by falling debris or some other hazard when passing by.
What can I do to strengthen my claim?
Whether you intend to file a workers’ comp claim or a personal injury suit, your priority following a construction accident should be your health, so visit a doctor as soon as possible. In Massachusetts, injured employees may choose the treating physician, but the insurer can also send them to an approved provider for a comprehensive evaluation. Once your condition stabilizes, write down everything you can remember about the accident and start gathering evidence, such as photographs of the scene and statements from eyewitnesses. If you’ll be filing a workers’ comp claim, now is also the time to notify your supervisor of the incident in writing, even if they were present when it occurred.
How long do I have to take legal action?
If you intend to apply for workers’ comp, notify your employer as soon as possible so they can file a claim with their insurer, and you can get the benefits you deserve. If you intend to file a personal injury claim, it’s also essential that you act fast. If negotiations prove unsuccessful, you’ll have a limited amount of time to take your case to court. In Massachusetts, the standard statute of limitations for personal injury suits is three years.
If you were hurt in a construction accident, contact Bellotti Law Group, P.C. With offices in Boston, Cambridge, and Quincy, MA, this firm helps injured parties put their lives back together. Founded in 1989, they have a long track record of success. To learn more about their experience representing construction accident victims, visit their website. To schedule a free consultation, call (617) 778-1000.