Construction accidents can involve brain trauma, broken bones, burns, spinal fractures, and amputations. Due to the severity of construction accidents, it’s important that all construction sites follow strict safety protocol, but this isn’t always the case.
OSHA found that in almost all construction injury reports, safety protocols had been neglected. If you were doing everything right but the negligence of your employer led to your injury, there’s no reason why you should pay the medical bills.
If you were injured at a construction job in Sherman Oaks, then you should first look into filing a workers’ compensation claim. This will be an easier option to get your medical expenses paid for and requires much less legal footwork.
Workers’ compensation provides nearly guaranteed compensation for all injuries that occur on the job, and you will get compensation for your medical bills and lost wages. This form of compensation for your injuries should be paid out quickly without you having to prove that your employer is responsible.
However, some independent contractors cannot file workers’ compensation claims. It’s also possible that if your employer was paying you in cash, they won’t give you any workers’ comp. This is when you need to contact a Sherman Oaks bodily injury attorney to file a lawsuit.
How to File Your Claim
When you contact a Sherman Oaks personal injury attorney at Okhovat Law, you can tell them what happened the day of your accident during your free case evaluation. Before your consultation, try to write down all the details you can.
If there was a lack of safety equipment such as gloves, goggles, or harnesses, this can count towards your claim. If you or your coworkers were improperly trained, this will also count towards your claim.
The second thing you will need to do is to provide evidence to support your claim. If you have security camera footage of your accident, that is the best kind of evidence to have. If you don’t you can still try to get eyewitness testimony.
If you are able to take photos immediately after the accident, this is also helpful. If you slipped and fell on something, make sure to take photos of the scene at multiple angles. You should also get photo documentation of your initial injuries and document their healing process.
Most personal injury lawsuits are based on negligence. Proving negligence means the plaintiff in the lawsuit needs to prove that:
- The defendant owed a duty of care to the plaintiff
- The defendant failed in that duty
- The failure of that duty of care led to the plaintiff’s injury
- The plaintiff’s injury resulted in damages
You will also need to find the focus of your lawsuit, which is who will be the defendant. The defendant in your personal injury suit will likely be the employer, but if you were injured due to a defective construction tool, you can sue the manufacturer for product liability.
For example, if you were using a harness that snapped and resulted in an injurious fall, you can sue the manufacturer that made the harness. In this kind of lawsuit, you will have to show how the harness was effective. For example, if you can show that you were under the weight limit of the harness and that you were using it as intended, you can sue them for negligence in creating their product.
The kinds of damages you can sue for in a construction accident include:
- Medical bills (ambulance and emergency room bills, surgical expenses, follow-up specialist visits, and in-home care)
- Mental anguish
- Pain and suffering
- Lost wages
Make sure to contact an injury attorney in Sherman Oaks as soon as possible after your construction accident. They will be able to help you during the legal process so that you can turn your devastation into compensation.
About Okhovat Law
Were you or a loved one in a recent accident? Did you sustain minor to severe injuries due to the negligence of another person? Any time you are experiencing an emotional, financial, or physical toll from an accident, you should work with an attorney to take legal action.
The multilingual legal staff at Okhovat Law Firm works hard to give clients the results they deserve. Several years ago, Anna Okhovat started her mission to establish a firm centered around personal injury law. Her goal is to provide legal counsel, support, and the highest level of care. Not only does this firm have a reputation for getting clients the results they need, but also for:
- Having a proven track record
- Providing one-on-one contact with clients
- Not charging fees unless the case is won
- Taking a personalized approach to every case
Whether you were injured in a car accident or slip and fall, or if you want to file a wrongful death lawsuit on behalf of a deceased loved one, you can feel confident with Okhovat Law on your side. Before, during, and after every legal consultation, we will answer any questions to provide you with the best service and support possible. Don’t wait and lose your opportunity to file a claim for compensation. Instead, give us a call at 310-362-6740 or email us at email@example.com.