How To Claim Medical Damages After A Construction Accident

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Written by Jeremy Schiowitz

Personal Injury Lawyer at Isaacson, Schiowitz & Korson, LLP.

Over 20 years of experience in Personal Injury.

Graduated from Brooklyn Law School: Juris Doctor, 2003.

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Suppose you suffered a construction accident that has resulted in injuries and now you are looking for ways to get compensation for the damages. In that case, you may have the legal right to seek compensation, but claiming medical expenses can be complex. However, if you can get a solid understanding of how the process works by hiring an experienced attorney, you can maximize your compensation. Here are some of the key steps to secure medical damages from a construction accident and common challenges that you might face in this pursuit. 

Steps To Claiming Medical Expenses After A Construction Accident

Get Medical Attention

Your first step should be to ensure medical treatment for your injuries. Whether you need to call an ambulance or go to an emergency room, you must get the medical attention needed for your injuries. 

In some cases, you may have to continue with the medical treatment while you are pursuing compensation. Keep records of all follow-up appointments and medications so you can prove your expenses in your claim or lawsuit. 

Report the Accident

You also need to report the accident by notifying the site manager or your supervisor. Reporting the accident helps establish a record of the incident and initiates the legal process to recover compensation. 

Gather Readily Available Evidence

While you don’t need to start an investigation immediately, you should gather readily available evidence, such as photos or videos of the accident site, names and contact information of eyewitnesses, and other evidence that can support your claim to recover compensatory damages. 

File a Workers’ Compensation Claim

If you get injured at a construction site as an employee, you could be covered under workers’ compensation insurance but you will still need to file a claim to get compensation. Follow the procedure outlined by your employer to start the process. If you are a contractor, then you will likely not be covered under workers’ compensation insurance and will have to pursue other legal options to get compensatory damages. 

Consult an Attorney 

One of the most important steps to take after a construction accident is to hire an experienced attorney who can assess your case and guide you on your best legal options to recover full and fair compensation. 

Common Challenges When Claiming Medical Damages

Taking Prompt Action

You must initiate legal actions within the statute of limitations. In addition, if you are seeking workers’ compensation benefits, you must notify your employer within the timeframe specified by policy. Any delays can undermine your case or make you ineligible to receive compensatory benefits for your suffering. 

Shared Liability 

If there are multiple parties at fault for the accident, it can be challenging to establish liability. Untangling the web of liability may require an in-depth investigation of the case. This process can be time-consuming and contentious. 

Financial and Emotional Hardships 

While seeking compensatory damages, you may have to withstand financial and emotional hardships. This could include lost wages, loss of earning capacity, mental distress, and loss of quality of life. 

How Can An Attorney Help? 

Construction accidents and compensation for medical expenses can often get complex. However, a skilled and resourceful attorney can help you overcome the challenges of recovering compensation for a construction accident. They can guide you on all legal aspects of the personal injury claim or lawsuit, including completing all the legal paperwork, negotiating with insurance companies, and representing you in a court of law. You should not delay getting legal assistance for medical damages after a construction accident. Contact us today at Isaacson, Schiowitz & Korson, LLP, to schedule a free consultation. 

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