Understanding Work Accident Claims

Many workers are shy about pursuing legal action following a workplace injury. Even if employees choose not to sue their employer, they should ensure the proper documentation and medical attention are handled promptly. It's possible for managers and HR personnel to talk to you immediately after a workplace injury as though they're looking out for your best interests. Even when they're completely sincere, things can change when the discussion goes to committee, and the collective account of what actually happened slowly changes to minimize their liability.

When a workplace injury occurs, always treat it as though you're going to file a workplace accident claim. If you choose to do nothing after making the proper reports and medical visits, there's no harm done; but if you don't account for and treat you accident with the seriousness it deserves, before long, it will be too late to change your mind if you suddenly decide to seek financial recovery.

So what should you do if you've had an accident in the workplace? The first step is to tell your supervisor at once, and ask for the first aid representative. Your Human Resources manager (who will probably be the first aid rep as well) will ask you to give a detailed account of the incident for an entry into the accident book. Be sure to read the log entry before signing it.

Next, if you have a union representative, report the accident to him or her. If possible, all relevant parties on-site should be informed the day of the incident, so that the details are fresh and less likely to be contested. If you need to take any day off from work due to the injury, inform your employer. US law requires that companies file an accident report with OSHA within 8 days of any injury-related days off, while UK law requires that companies file without the HSE if 3 or more days are taken off due to an accident in the workplace. While this is legally the obligation of your employer, not having a public record of the incident will make it difficult to file a Workplace Accident Claim.

To find out more about handling a workplace injury, click on Workplace Accident Compensation Claim.

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How to Claim For Just Compensation in a Construction Accident

According to the Census of Fatal Occupational Injuries (CFOI), prepared by the US Bureau of Labor Statistics, construction sector workers are highly vulnerable to accidents. According to a 2008 report, the construction sector recorded more than 950 accidents (the third highest among all the industrial sectors) in 2007.

Hazards and risks that the construction worker faces cannot be totally eliminated. This is particularly due to the use of heavy equipment, such as machines, scaffolds, ladders and trolleys. However, on many occasions, construction accidents occur due to non-adherence to the prescribed safety standards. Insalubrious industry practices lead to worker causalities due to falls, burns, chemical exposures and explosions.

Occupational Safety and Health Act

According to Federal laws, a construction site must comply with the 'Occupational Safety and Health Act (OSHA) of 1970,' in terms of the safety standards. The law calls for strict adherence to the worker safety provisions and periodical inspection of the same. Some of the basic safety requirements include:

• Compulsory first aid box


• Installing fire extinguishers


• Proper testing of heavy equipment before on-site use.


• Compulsory safety caps and gloves for all workers while on-site

For detailed information about industry practices prescribed under the OSHA, you can either visit Osha.gov or consult a legal expert.

Who is Responsible for a Construction Accident?

In most US states, if the plaintiff can prove violation of safety standards under OSHA, the court holds the site owner or construction agency liable for the accident. To this effect, they are required to compensate the worker as per the court's orders. However, in some states, the court will ask for more evidence to declare a verdict.

Once the court rules in the favor of the plaintiff, the liability of different parties responsible for the construction site is weighed. Mostly, for construction work, there is a site-owner, who delegates the work to a construction agency or manager. The construction agency can either do the project themselves or outsource it to a sub-contractor. Depending on the degree of control over the work going on at a construction site, the individual liability of each party is defined. As per the regulation, the main contractor is primarily responsible for non-compliance to the OSHA safety standards.

Worker's Compensation

Most US states have worker's compensation laws, which offer insurance to workers in different industrial sectors. The law entitles a worker to compensation and medical treatment for any injury or damage at the work place. This law does not require the injured to prove the employer's fault in order to compensate workers. However, for heavy casualties or death due to a construction accident, the damages granted by worker's compensation are insufficient. Thus, to claim for just compensation, one has to file a liability claim against the site owner and other involved parties. It is advisable to consult a in the arena of construction accidents for a fair representation of your rights.

About Solomon Neuhardt:

Solomon Neuhardt is the owner and lead attorney at Neuhardt Law Firm, a member of the American Bar Association, the American Association for Justice, and represents individuals and families in personal injury cases, including accidents, medical malpractice, defective products, dog bites, and insurance disputes.

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