How To Prove You Are Not At Fault In A Car Accident? Simple Steps!

Home  »  Personal InjuryBlogs   »   Immediate Action Plan: 5 Key Moves After A Construction Site Accident

Immediate Action Plan: 5 Key Moves After A Construction Site Accident

By  Dan McCrary | February 15, 2024

If you’re working in the construction industry, it’s important to know what to do immediately after a construction accident injury. After all, it’s one of those professions that has a high rate of workplace accidents. 

As per the US Bureau of Labor Statistics, the construction industry accounted for 46.2 percent of all fatal falls, slips, and trips in 2021. It’s crucial to have a clear and effective immediate action plan in place to address any accidents promptly and minimize further harm. 

To help you out, we’ll outline five key moves that should be taken immediately following a construction site accident to ensure safety and financial support. Besides that, we’ll also discuss what are your legal rights after a construction accident?

What Are My Legal Rights After A Construction Accident?

If you’ve been involved in a construction site accident while on the job, it’s crucial to understand your legal rights, especially regarding workers’ compensation. Workers’ compensation provides financial assistance in the event of a work-related injury. 

The compensation workers receive will be based on the severity of injury. Your supervisor or employer will provide you with necessary forms and guidance on the process of eligibility for filing a claim. 

Once you fill out forms and provide proof of the accident, the process of filing the claim will begin. The insurance company will then review your claim and may either accept or deny it based on the circumstances of the accident. 

If you believe your claim has been wrongfully denied, you have the option to file a case in court. The court will consider both sides of the argument before making a decision regarding the validity of your workers’ compensation claim.

What To Do Immediately After A Construction Accident Injury? Steps To Follow

Below are the five important steps a construction worker should take after an injury. These actions not only save lives but also ensure the injured worker gets proper care and worker compensation easily.

1. Get Medical Help 

The first and most crucial step is to ensure safety above everything else. Take a moment to assess the nature of the injury – whether it’s minor or serious. If it’s determined to be serious, do not hesitate to call for immediate medical assistance by calling an ambulance. 

Remember, the longer the delay, the greater the risk of worsening the injury. Even in the case of minor injuries, it’s essential to seek medical attention. Some injuries, especially internal ones, may not show symptoms right away. 

As per California law RESPONSIBILITY OF EMPLOYER – 2581.2, the employer shall:

  • Arrange medical treatment on an immediate basis.
  • Take the construction worker to the medical facility if the situation is serious.
  • Arrange transportation to the hospital.

Have a question?
We’re here to help 24/7.
Call or Text Us Now (855) 752-6326

2. Report Injury To The Supervisor 

The second step is to report the injury to the supervisor or the employer. They may request that you submit a written report detailing the specifics of the accident. Once notified, they will take appropriate action against the responsible party for the incident.

Supervisors are also obligated to provide you with the necessary forms for State Compensation Insurance Fund (SCIF e3301) and Workers’ Compensation Claim Form & Notice of Potential Eligibility form (DWC 1 /e3301)

It’s important to note that the State Compensation Insurance Fund form must be provided by the employer within one working day following the injury. The statute of limitations for the Worker Compensation claim is 1 year from the date of the accident.

3. Document The Accident 

Remember to thoroughly document the accident scene as it’s one of the most important steps and also the one accident victims neglect in the aftermath of an injury. Only avoid this step if you are physically unable to do so due to the severe pain of injury. 

Take photographs of the accident scene from various angles. Record every detail, including the time of the incident and how and when it occurred, in a notepad so you can share every detail with your lawyer in case of a court case.

4. Gather All The Evidence

Gather as much evidence as you can to prove your compensation claim. Medical reports, hospital bills, and doctor’s notes are valuable pieces of evidence that show the severity of your injury and the financial impact it has had on you. 

If possible, try to identify individuals who witnessed the accident. These witnesses can provide testimony in a court case, which can significantly strengthen your case and enhance the credibility of your claims.

5. Go For Legal Claim

After submitting your worker compensation and state compensation insurance fund claims, there are two potential outcomes. The insurer may either deny your claim or accept it and inform your employer, who will then provide further instructions to you. 

If your claim is denied, you can request reconsideration or proceed to file a case in court. For legal proceedings, you can reach out to our law firm, MCCRARY, to schedule a free consultation with one of our experienced lawyers.

Final Words

To sum up, you should first consider your health, check whether you’re able to move or not. If it’s a serious injury, the supervisor will take you to the hospital. However, if it’s a minor injury, you can take basic first aid and proceed to document the scene of the accident.

Afterward, seek proper medical help, gather medical reports and bills. Then submit a written application to the supervisor and fill out the compensation forms to initiate the necessary process for receiving worker compensation.

Call or Text Us Now (855) 752-6326

Free Consultation

    McCrary Accident Injury Law Firm specializes in personal injury litigation. Its founder, Dan McCrary, Esq., spent 14 years working for the insurance companies before switching sides to represent personal injury victims in Rocklin as an attorney.

    Dan McCrary’s years of experience on the defense side taught him exactly how to obtain maximum recovery for his injured clients. If you have been injured in an accident you should contact the Accident & Injury Lawyers, Personal injury Attorney, Car accident lawyers at McCrary Accident Injury Law Firm in Rocklin, folsom, Sacramento to get the money you deserve, and overcome the tactics routinely employed by the insurance companies.