Few workplaces are as dangerous as construction sites. Even when safety protocols are in place, accidents can occur. When a construction accident happens, an official investigation helps to determine the cause and establish accountability. For injured workers, understanding what to expect from this process and how to prepare is an important step towards protecting their rights and ensuring fair compensation.
What should I expect from investigators?
An investigation by the Occupational Safety and Health Administration (OSHA) or supervisors will likely include an examination of the scene, the gathering of evidence, and interviews of witnesses. Official investigators will use this information to piece together the events leading to the accident.
Injured workers should anticipate the following:
- Detailed examination: Investigators will scrutinize the accident site, equipment, and safety protocols to identify any violations or negligence.
- Interviews: Expect interviews with witnesses, supervisors, and other relevant parties to gather firsthand accounts of the incident.
- Documentation review: Investigators will also review safety records, training logs, and maintenance reports to assess compliance with regulations.
Injured workers are wise to gather and organize evidence to support their claims. This can include photographs of the accident scene and visible injuries as well as copies of all related medical records. Having a copy of witness statements is also helpful.
Should I prepare for litigation?
This depends on the details of the case. If you are a worker injured while on-the-job, litigation is unlikely. This is because compensation should be available through a workers’ compensation claim. It is important to note that legal counsel can help to better ensure injured workers receive fair compensation as denials or low compensation offers are a common issue.
There are two scenarios where preparation for litigation is wise. For workers, there are situations when a third-party liability claim may offer additional compensation. Another scenario involves victims who are not construction workers. This could include someone who was injured while walking past the site at the time of the accident. In these situations, it is helpful to take steps to prepare. This can include consulting with legal counsel with experience with construction accidents as well as keeping the documentation that you prepared for the investigation discussed above available for use during litigation.
Construction accidents can lead to serious injuries for workers and those near the sites. Victims are wise to take the matter seriously and take steps to protect their rights. A few steps in the right direction can go a long way to better ensuring fair compensation to cover the costs resulting from the accident.