TL;DR: After a construction accident, seek medical attention right away, report the incident, and document the scene. Save medical and work records, then consult a construction accident lawyer to review your case and explain your legal options.
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After a construction accident, your priority should be your health. Seek medical attention promptly, even if the injury seems minor, and report the incident to your supervisor, employer, or the contractor in charge. While receiving treatment, start collecting evidence by taking photos, gathering witness details, and saving your medical records.
Because construction sites involve heavy equipment and hazardous conditions, these accidents can cause serious harm. Injured workers may be able to seek workers’ compensation, while bystanders may be able to pursue personal injury claims, depending on the specifics of their case.
Acting quickly is important since strict deadlines apply, and missing them may affect your ability to pursue a claim. Contact us so we can review your situation, explain your options, and guide you through the process.
Steps you can take after a construction accident:
- Seek medical help immediately, even for minor injuries.
- Report the accident to your employer or site manager.
- Document the scene with photos, videos, and witness names.
- Save medical bills, work records, and expenses.
- Consult a construction accident lawyer for legal guidance.
What To Do After A Construction Accident
Your safety and health come first. Even if you’re overwhelmed, taking certain steps early can protect your well-being and any potential claim. Here’s what you can do after a construction site injury:
Seek Medical Help Right Away
Even if your injuries seem minor, it’s essential to see a doctor promptly. Quick treatment can help prevent your injuries from worsening. It also creates a medical record that supports your legal claim.
- Go to the nearest clinic or hospital.
- Call 911 for serious injuries.
If you get hurt at work in California, it’s crucial to see a doctor from the approved Medical Provider Network (MPN) for workers’ compensation to cover your treatment.
Report The Accident
If you are working at the construction site, report the accident to your supervisor or manager immediately. Report any injury that needs more than basic first aid. Here’s what to remember:
- Deadline for Reporting — You have 30 days from the date of the injury or from when you noticed the injury to report it to your employer. If you miss this deadline, you could lose your ability to seek workers’ compensation benefits.
- Filing a Claim — After you report your injury to your employer, they must provide you with a Workers’ Compensation Claim Form (DWC-1) within one business day. Complete and return this form to start your workers’ compensation claim.
If you’re a pedestrian or bystander, report the accident to the property owner or the contractor in charge of the site.
When you report the incident, include the following details:
- The date, time, and location of the accident.
- Cause of the accident (e.g., unsafe conditions, broken equipment, or another person’s actions).
Reporting the accident creates a record and shows that those responsible were informed. This documentation may help support your premises liability claim later on.
Document The Accident Scene
Take pictures or videos of the accident scene, including your visible injuries and unsafe conditions. This visual evidence may serve as evidence later on. Here are some things you can document if you sustained injuries in a construction accident:
- The exact spot where the accident occurred.
- Tools, equipment, or materials involved.
- Missing safety or warning signs at the accident scene.
- Visible injuries you sustained after the incident.
If you can’t collect evidence, lawyers for construction accidents can help. Taking pictures or notes right after the accident can also help document your recovery process. Someone might move or clean things up, making it harder to demonstrate what happened. If your injuries prevent you from documenting the scene of the accident, ask a coworker, friend, or trusted family member to take pictures or videos for you.
Secure Critical Details, Paperwork, And Supporting Evidence
Gather all the important details and documents related to the accident. These can help establish what happened and support your claim:
- Witness Information — Write down the names and contact details of anyone who saw the accident. Their statements may confirm how the incident occurred.
- Name of Point of Contact — If you told someone about the accident, note their name and job title. For employees, this is usually a supervisor or manager. If you’re not an employee, note the contractor or property owner who received your report.
- Safety Compliance Documents — These documents show whether safety rules were followed and if workers were given proper training and protective gear.
- Physical Evidence — Keep items like damaged clothing, broken tools, or any safety equipment you were using during the accident.
- Communication Records — Save emails, text messages, or call logs between you and the other party. These can show what was discussed and whether the other side took your injury seriously.
Keep documentation of damages, which may include:
- Medical Costs and Injury Records — Save hospital bills, test results, and treatment notes. These documents show the seriousness of your injury and how much you’ve spent.
- Out-of-Pocket Expenses — Keep receipts of your expenses due to the accident. These could be costs of transportation, household assistance, and other fees.
- Employment Records — Collect documents showing your normal wages and how much time you missed from work. These may show proof of lost income.
Consult A Construction Accident Attorney
If you’re feeling overwhelmed and unsure about your next steps, you may be asking, “Should I hire a construction accident attorney?” An experienced lawyer can provide an answer to this question and help you explore your legal options. An experienced Los Angeles construction accident lawyer can help you clarify whether you may qualify for a workers’ compensation or personal injury claim. They can assist with:
- Reviewing Your Case — They can help you understand your situation and determine your options. Depending on the circumstances, you may be eligible to file a workers’ compensation claim, a personal injury claim, or both.
- Identifying Liable Parties — Accident lawyers can investigate your case and identify who may be responsible. They can see if certain safety violations may have caused your accident. They can also look into possible third-party liability.
- Estimating Your Damages — They can assess the full extent of your losses in these accidents, review documentation, and discuss potential compensation amounts.
- Advocating for Your Rights — If there are disputes in your case or it goes to court, skilled accident attorneys can help you advocate for your legal rights and represent your interests before the at-fault party, their insurers, and, if needed, the jury.
These steps may be able to guide you if you file a claim after a construction accident. Acting promptly and carefully can be helpful in pursuing a claim.
You may be seeking free accident lawyer advice. At AK Law, we offer a free initial consultation to help you understand what options you may have, depending on your situation.
You May File A Claim After A Construction Accident
The type of claim you can file depends on how the accident happened and whether you were working at the time. Below are the two usual options:
Workers’ Compensation
Workers’ compensation may pay for your medical bills and lost wages if you suffer injuries on the job. These benefits are typically available regardless of who was at fault for the accident. However, it does not cover emotional pain or stress related to the injury.
If your injury is work-related, you may be able to seek benefits that cover:
- Medical Costs — These can include hospital stays, emergency care, and treatments to help you get better. Some examples are physical therapy, chiropractic treatment, and counseling.
- Temporary Disability Benefits — If your injury keeps you from working for a while, you may be able to seek payments to cover your lost wages. These benefits usually pay about two-thirds of your regular income, up to a limit set by state law.
- Permanent Disability Benefits — If your injury results in a lasting physical or mental limitation, you may be able to file a claim for permanent disability benefits. The amount depends on the severity of your disability, your age, and your occupation.
- Supplemental Job Displacement Voucher Benefits — If you can’t return to your old job, you may be able to include a non-transferable voucher to assist with skill enhancement or retraining as part of your claim. The voucher is typically worth up to $6,000, depending on your injury date and eligibility.
Workers’ compensation attorneys can guide you through the legal process, especially if it feels too hard to handle independently. They can also work to assess your losses and help you understand the potential value of your claim based on your specific circumstances. You can learn how workers’ compensation works in California through your workplace injury lawyer.
Personal Injury Claim
After a construction accident, people may ask, “Do I need a personal injury lawyer?” Whether you need a lawyer depends on the complexity of your case. Injury attorneys handle a variety of cases, including construction accidents and workers’ compensation claims.
Your options may depend on your situation:
For Employees Hurt In A Construction Accident
Victims injured while working in construction may have the option to file an injury claim if:
- A Third Party Caused the Accident — You may be able to file a claim if another party was negligent and contributed to your injury. Potentially liable parties could include:
- Subcontractor — In some cases, a subcontractor keeps the workplace safe. If they fail to provide proper safety gear, training, or supervision, they might be held liable if someone gets hurt.
- Equipment Manufacturer — A company may be held responsible through a product liability claim if one of its tools or machines causes an injury. Accidents can happen due to poor design, weak safety features, or a manufacturing mistake.
- Architects/Engineers — Injuries can occur due to poor design or structural failure. The architect or engineer may face liability if a worker gets hurt because of these issues.
- There is Employer Misconduct — You may be able to sue your employer in rare situations, even though most work injuries go through the workers’ compensation system. The law makes a few exceptions that allow injured workers to file a civil lawsuit. You may have a valid case if:
- The employer intentionally caused your injury.
- The employer hid a known hazard that led to your injury.
- The employer knowingly exposed you to danger.
These cases can be challenging to demonstrate and may require credible evidence. An experienced work injury lawyer can help you understand whether you have a valid claim.
Unlike in a workers’ compensation claim, injured workers may be able to pursue non-economic damages in a personal injury case. These losses affect the victim’s well-being but don’t have a clear dollar value. Examples include pain and suffering, emotional distress, and loss of enjoyment of life.
For Bystanders, Pedestrians, And Other Non-Employees
Even non-employees, like bystanders or pedestrians, can also sustain injuries in construction accidents. These may include:
- Pedestrians who are passing by.
- Bystanders who witness accidents or explosions.
- Delivery drivers who are working near the construction zone.
- Property inspectors, guests, salespeople, or utility workers who enter the site.
If you are in this situation, you might be able to file a personal injury claim against these parties:
- Construction company or subcontractors.
- The property owner or developer.
- Equipment manufacturer.
- The designer or engineer who is in charge, in case a structural collapse occurs.
Personal injury lawyers can investigate your case and identify potentially liable parties. They can also explain your legal options based on the details of your case.
What If Someone Dies In A Construction Accident?
In case of fatalities, whether they are workers or non-employees, families may have the option to file a wrongful death claim. In these cases, eligible family members may be able to seek compensation for funeral expenses, burial costs, and loss of financial support, among others. Seeking legal guidance can help you navigate this situation.
Filing A Claim After A Construction Accident: Workers’ Compensation Vs. Personal Injury
Here is a table that explains the differences between these types of claims after a construction accident in California:
| Factor | Workers’ Compensation | Personal Injury Claim |
| Eligibility | All injured workers, regardless of fault | People who suffered injuries and losses because of another’s negligence. |
| Fault | No need to prove fault (no-fault system) | Must determine fault or negligence of another party |
| Coverage | Workplace injuries | Injuries caused by third parties, like subcontractors or property owners. |
| Benefits | Medical expenses, lost wages, rehabilitation, and disability benefits. | Medical bills, lost wages, and pain and suffering |
| Employer’s Liability | No employer liability (workers cannot sue the employer directly). | Can sue the employer (under certain situations) or a third party for negligence. |
| Deadlines | 30 days to report the injury or accident to the employer.
1 year from the date of injury to file a workers’ compensation claim. |
2 years from the date of the accident to file a claim. |
On rare occasions, the court may award punitive damages in personal injury cases to punish the at-fault party for gross negligence. If you feel like you still need more explanation about these factors, consider seeking construction accident legal advice from lawyers.
Deadlines To File Your Claim
The deadline for filing a claim may vary depending on your specific situation:
- For Workers’ Compensation — Notifying your employer about the injury is not the same as officially filing a claim. It’s crucial to complete and submit the DWC-1. Then, you have up to one year from the date of the injury to submit this form and start the claims process. Missing this deadline may affect your ability to pursue workers’ compensation benefits.
- For a Personal Injury Lawsuit — It’s essential to file a claim two years from the incident date. The statute of limitations sets this legal time limit. If you miss this deadline, you might lose your right to sue and get compensation.
For personal injury cases, the deadline may change under certain situations. For instance:
- If the Victim Is a Minor — If the victim is under 18, the deadline usually starts when they turn 18. Until then, a parent or legal guardian can file the case for them.
- If the Injured Person Is Mentally Incapacitated — If the person cannot understand their injury or the legal process because of a mental disability, the deadline can be paused until they recover. If a court or the victim has appointed one, a conservator or legal representative can file the case on the injured person’s behalf.
A skilled personal injury lawyer can explain the critical deadlines that can affect your case. They can also review your situation to see if any exceptions may be relevant.
Common Construction Accident Scenarios
Accidents at construction sites can hurt workers or people walking nearby. If unsafe conditions or negligence hurt someone, they may have grounds to file a legal claim. Here are some common types of construction accidents that may result in a legal case:
- Faulty or broken equipment that causes injuries.
- Slips, trips, or falls caused by unsafe conditions.
- Falling tools or materials that strike someone.
- Amputations involving large or heavy machinery.
- Electrocution from exposed wires or hazardous tools.
- Falls from ladders, scaffolding, or rooftops.
- Burns and eye injuries from fires, explosions, or chemicals.
These incidents happen in real life and could affect victims and their families. For instance, a construction worker died in Brentwood, California, after getting pinned by a large machinery.
Apart from these possible scenarios, car accidents can also happen at construction sites. Parking spaces and construction near roads may also pose risks to anyone nearby. In such cases, car accident lawyers may be able to identify what contributed to the accident and who may be held liable.
If someone gets hurt because another person ignores safety rules, they may be able to file a claim to cover costs for medical care, lost wages, and other losses. Construction injury lawyers gather evidence to determine if safety violations or negligence caused the accident.
What Employers Can Do To Reduce Construction Accident Risks
Many construction accidents happen because of poor safety planning or a failure to follow safety rules. Employers play a significant role in keeping the workplace safe. Here are the main steps employers should take to help prevent injuries and protect everyone on site.
- Create and Enforce Safety Rules — Employers must set clear safety procedures and make sure all workers follow them. These include:
- Making sure workers wear proper protective equipment (PPE) like hard hats, gloves, and safety harnesses.
- Installing guardrails, warning signs, and barriers in hazardous areas.
- Keeping tools and equipment in safe working condition.
- Provide Regular Safety Training — Employers should train workers to handle tools, machines, and hazardous materials safely. Training should also cover the following:
- How to report unsafe conditions.
- What to do in case of an emergency.
- How to prevent common accidents like falls, electrocution, or equipment malfunctions.
- Inspect the Worksite Often — Supervisors should regularly check the construction site to fix hazards before someone gets hurt. That includes:
- Checking for loose wires, slippery surfaces, or unstable structures.
- Making sure equipment is stored and used correctly.
- Fixing broken tools or machinery right away.
- Follow Cal/OSHA Regulations — In California, employers must follow the rules of Cal/OSHA, the agency that sets safety standards. These rules may reduce the risk of accidents and protect workers and visitors on the site.
While these rules can help keep workers safe, they also help prevent accidents involving non-employees. Construction accident lawyers can obtain crucial documents to determine if the construction company or employers violated safety rules. These pieces of evidence may help establish liability.
Common Questions On What To Do After A Construction Accident
Below are some common questions asked by people injured in construction accidents. However, if you have specific inquiries, call the AK Law Firm’s experienced accident lawyers at (888) 488-1391.
How Much Does It Cost To Hire An Attorney After A Construction Accident?
It depends on the billing structure of the lawyer or the construction accident law firm. Arash Law works on a contingency fee basis, meaning you only pay attorney fees if your case results in a settlement or verdict. You may still be responsible for some case-related costs, even if there is no recovery. Your construction accident attorney will discuss all case-related expenses during the initial consultation.
Why Is Getting Medical Help After A Construction Accident Important?
It’s crucial to see a doctor promptly if you sustained injuries in a construction accident. Here are some reasons why:
- Proper Evaluation — Even if your injuries look minor, some symptoms might not appear immediately but can worsen later. For example, traumatic brain injuries might not show obvious symptoms right away. Still, they can result in serious health problems down the line.
- Getting Prompt Treatment — When doctors identify your injuries early, they can treat you faster, helping to prevent your injuries from getting worse.
- Documentation of Injuries — Seeing a doctor creates a record of your injuries. This record can also be useful if you file a claim later on.
Personal injury attorneys use your medical records to assess your damages. Obtaining medical care soon after an accident can help document your injuries and the timing of your treatment.
Can Someone Passing By A Construction Site Be Eligible For An Injury Claim?
Yes, but it depends on the specifics of the circumstances. If you got hurt while passing by a construction site, you might be able to file a personal injury claim. Some examples of scenarios could be:
- A tool or piece of equipment falls from the scaffolding and hits you.
- Construction debris, like bricks or nails, drops nearby and causes injury.
- You trip over exposed wires or uneven ground that is part of the construction site or left unsecured by the crew.
- A construction vehicle accidentally hits you while you are passing through the area.
- You slip and fall on wet concrete, mud, or other hazardous conditions near the site.
The general contractor has a legal duty to enforce reasonable safety measures for everyone, including those passing by. Arash Law’s accident lawyers can assess your case and determine whether you have a valid claim for compensation.
What Kind Of Accidents Are Most Common On A Construction Site?
The Occupational Safety and Health Administration (OSHA) calls the most common and serious accidents on construction sites the “Fatal Four.” These include:
- Falls — Workers falling from low or high places.
- Electrocution — Getting hurt or sustaining burn injuries due to live wires or electrical equipment. Electrocution accident lawyers can collaborate with experts when assessing how the accident might have occurred.
- Caught-in or Caught-Between Accidents — When workers get trapped in machinery or between heavy objects.
- Struck-by Accidents — When a worker gets hit by tools, falling objects, or flying debris.
Construction is one of the most dangerous jobs in America. According to the U.S. Bureau of Labor Statistics (BLS), in 2023, almost half (47.8%) of all deaths from slips, trips, and falls happened in the construction industry.
What Is The Most Commonly Violated Construction Site Standard?
From October 2023 to September 2024, OSHA cited fall protection more than any other safety standard. These common violations often result in preventable injuries and deaths.
Many workers didn’t have the right equipment to keep them safe from falling when working at heights. While this data covers all industries, fall protection is critical in construction, where many fall accidents happen yearly.
In construction, the most common safety violations involve:
- Fall Protection Training — Employers must teach workers how to stay safe while working at heights.
- Scaffolding — To avoid scaffolding accidents such as falls and collapses, these structures must be set up and used safely.
- Eye and Face Protection — Workers must wear proper gear to protect against flying debris, chemicals, or sparks.
Employees who get hurt because of safety violations can speak with a personal injury lawyer or a workers’ compensation attorney. An employment lawyer may help, especially if the employer breaks workplace laws or mistreats workers.
Seek Legal Support From A Lawyer After A Construction Accident
Construction accidents are serious and can cause catastrophic injuries. If you suffer one of these injuries, you may have grounds to seek compensation for your losses. Our construction accident attorneys at Arash Law are committed to providing dedicated legal representation. Whether you’re a construction worker or someone who has been hurt while passing by, we can advocate for your rights throughout the claims process.
Our legal team can represent your interests no matter your religion, gender identity, or immigration status. We work to help you file a claim for compensation if you suffer injuries through no fault of your own.
If you prefer to discuss your case in a language other than English, please let us know so we can explore available options for communication. If your injuries make it challenging for you to travel, we can meet you at a location of your choice anywhere in California. Construction accident claims have strict deadlines, and key evidence may become harder to gather over time. Our lawyers can evaluate your case and determine the applicable time frame. Call (888) 488-1391 or complete our “Do I Have A Case?” form for your free initial consultation.
