What Should You Do After A Construction Accident?

After a construction accident, your priority should be your health. Get medical care right away, even if the injury seems minor, and make sure the incident is reported 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 entitled to workers’ compensation, while bystanders could pursue personal injury claims.

Acting quickly is important since strict deadlines apply, and missing them may affect your right to recovery. Contact us so we can review your situation, explain your options, and guide you through the process.

Key steps after a construction accident:

What To Do After A Construction Accident

Your safety and health come first. Even if you’re overwhelmed, taking the right steps early can protect your well-being and your claim. Here’s what to do after a construction site injury:

Get Medical Help Right Away

Even if your injuries seem minor, see a doctor immediately. Quick treatment can prevent your injuries from getting worse. It also creates a medical record that supports your legal claim.

If you get hurt at work in California, you need to see a doctor from the approved Medical Provider Network (MPN) for workers’ compensation to cover your treatment.

Report The Accident

If you were working at the construction site, report the accident to your supervisor or manager right away. You must 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 right to 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 can 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 can be strong proof 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 this key evidence, construction accident lawyers can assist you in getting it. However, taking pictures or notes right after the accident is best. Someone might move or clean things up, making it harder to prove what happened. If you cannot take photos due to injuries, ask a coworker, friend, or family member you trust 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 prove 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.

You should also 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 don’t know where to turn, “Should I hire a construction accident attorney?” is a question you can address to an experienced lawyer to help with your case. An experienced Los Angeles construction accident lawyer can help you determine whether you may qualify for a workers’ compensation claim 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.
• Determining 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.
• Calculating Your Damages — They can assess the full extent of your losses in these accidents, review documentation, and discuss potential compensation amounts.
• Protecting Your Interests — If there are disputes in your case or it goes to court, you can rely on accident lawyers to advocate for your rights.

These steps may be able to guide you if you file a claim after a construction accident. Acting promptly and carefully could improve your chances of getting the support and benefits you need. It may also help to seek free accident lawyer advice to know 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. You can receive these benefits even if no one was at fault. However, it does not cover emotional pain or stress related to the injury.

If your injury is work-related, you may qualify for 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 receive 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 qualify 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 qualify for a non-transferable voucher to assist with skill enhancement or retraining. 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 determine your losses, so you know the right amount to ask for in your workers’ compensation claim. 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?” In most cases, the answer is yes. 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 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 can 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 prove and require strong evidence. An experienced work injury lawyer can help you understand whether you have a valid claim.

Unlike in a workers’ compensation claim, injured workers can receive 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 who is responsible. 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. It is advisable to seek legal guidance if you are in 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:

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, get construction accident legal advice from lawyers.

Deadlines To File Your Claim

The deadline for filing a claim may depend on your situation.

• For Workers’ Compensation — Telling your employer about the injury is not the same as officially filing a claim. You must 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 cutoff date means you might not get the benefits you need.
• For a Personal Injury Lawsuit — You must 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 personal injury lawyer can explain the critical deadlines that 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 the right to file a legal claim. Here are some common types of construction accidents that may lead to 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 determine what contributed to the accident and who should be liable.

If someone gets hurt because another person ignores safety rules, they may have the right to recover 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 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 be able to prove liability.

Common Questions On What To Do After A Construction Accident

Below are some common questions asked by people injured in construction accidents. Our accident lawyers answer these questions to guide others facing the same issues. However, if you have specific inquiries, call us 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. We work on a contingency fee basis, meaning you only pay attorney fees if we win. Case-related costs may still apply regardless of the outcome. You should expect your construction accident attorney to discuss all case-related expenses during the initial consultation.

Why Is Getting Medical Help After A Construction Accident Important?

You must see a doctor immediately if you get hurt 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. These records are stronger if you get medical care soon after the accident.

Can Someone Passing By A Construction Site Be Eligible For An Injury Claim?

Yes. 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 must ensure safety for everyone, including those passing by. Accident lawyers can assess your case and determine if your claim is valid.

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 lead to 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 have the right to seek justice. Our construction accident lawyers here at Arash Law are ready to stand up for you. Whether you’re a construction worker or someone hurt while passing by, we can advocate for you.

Our legal team believes everyone deserves justice. Even if you are an undocumented immigrant, you still have the right to file a claim if you suffer injuries through no fault of your own.

If English isn’t your first language, we have bilingual staff who speak Spanish, Italian, Farsi, Korean, French, Filipino, Japanese, Hebrew, and more. If your injuries make it hard for you to travel, we can come to you anywhere in California. It’s important to act soon. Construction accident claims have strict deadlines, and key evidence may become harder to gather over time. Call (888) 488-1391 for your free consultation, or complete our “Do I Have a Case?” form to get started.