Construction sites can often be hazardous for workers. According to the Bureau of Labor Statics, in 2020 around 174,000 construction site accident injuries were reported. Most of these cases were caused due to the lack of fall protection for workers.

In compliance with the Occupational Safety & Health Administration (OSHA), most construction site employers are required to provide workers with the proper tools and safety protocols in place to reduce workplace hazards.

However, accidents are going to happen, and most often than not, these are usually caused by the employer’s negligence by not complying with OSHA requirements. With this blog article, learn what should you do in the event of suffering a workplace injury on a construction site.

Steps to follow after being hurt in a construction site accident

In the event that you have been injured after suffering a construction site accident, taking the following steps can help back up your claim in court:

• Report the injury to your employer and/or construction site manager.

• Get medical attention for your injuries as soon as possible.

• Get the names of witnesses who saw the accident and their contact information.

• Take pictures or videos of your injuries and the area of the accident.

• Hire a Workers’ Comp attorney.

By hiring a Workers’ Comp attorney, not only are you and your legal rights going to be protected. The process of filing a legal claim will be simplified. You will be provided with legal advice to make sure whether your injuries stem from negligence on behalf of your employer or if your wounds were caused by defective construction equipment to which you are entitled to make a product liability claim.

Also, with the help of a Workers’ Comp attorney,  they will estimate how much compensation is owed to you while will defending you from lowball offers from insurance companies and threats from your employer.

Employers’ obligations to keep construction workers safe      

Under OSHA standards, employers are obligated to provide construction workers with the proper tools and gear to avoid workplace injuries, known as personal protective equipment. These include:

• Harnesses

• First Aid kits

• Hard hats

• Goggles

• Earplugs

• Orange vests

• Gloves

• Welding masks

• Safety Boots and shoes

Employers not only have to provide personal protective equipment to keep construction workers safe. They also have to comply with other obligations under OSHA, which include:

• Provide safety training with a vocabulary and language that all workers can understand.

• Use color codes, safety posters, labels, and signs to warn workers of potential hazards.

• Place the official OSHA poster in a visible, high-traffic area on the construction site where workers can be informed of their rights and responsibilities.

• Keep records of work-related injuries and illnesses.

• Provide both current and former employees, and their legal representatives to access both medical and exposure records.

Since Georgia has a no-fault workers’ comp system in place, if you suffer a workplace injury, you don’t need to prove that there were violations of OSHA regulations to establish negligence from your employer. However, you do need to notify your injuries no later than 30 days after the accident. We remind you that the statute of limitations in filing a claim is within one year from the date of the incident.

Undocumented construction workers have rights as well

According to a report from the Center for American Progress, out of the 7 million undocumented immigrants that are employed in the United States, 1.4 million work in construction, accounting for 13 percent of all construction workers nationwide.

Undocumented workers do have rights. Thanks to the Immigration and Nationality Act (INA), employers cannot discriminate against individuals due to their national origin or citizenship status when hiring, recruiting, discharging, and referring for a fee.

In Georgia Courts, thanks to the INA, undocumented employees are entitled to workers’ compensation benefits such as medical or lost income wages. In the case of a workplace injury, since there is an employment relationship already established with the employer, the construction worker has to only provide evidence that their wounds occurred on-site during work hours.

Therefore, if an employer tries to lie to an undocumented worker by telling them that they can’t receive workers’ comp benefits due to legal status, this is not true. Georgia Courts have ruled that the Georgia Workers’ Compensation Association (GWCA) covers all employees.  

Furthermore, if you’re an undocumented construction worker that is afraid to face the judicial system, having the legal representation of an attorney that understands Georgia Worker’ Comp laws will help you receive the compensation you deserve without having to fear any retaliation against you. 

What should you do to start receiving your Workers’ Comp benefits?

After reporting your injuries to your employer, we recommend you to get medical care right away. Georgia state laws require you to check your wounds by a qualified doctor that is approved by both the construction company and their insurer. The physician will tell you the severity of your trauma and the type of physical treatment you will need. Workers’ comp laws stipulates that the medical costs for your therapy has to be compensated for.

In addition, a doctor can also determine the number of work days you’re going to lose due to your injuries. Therefore, you are also entitled to be indemnified for lost income wages.

However, as simple as these steps may sound, not knowing well how the workers’ comp system works can be overwhelming. Also, most employers’ insurance companies are looking to protect their clients instead of paying out the compensation they deserve. Regardless of the extent of your injuries, you should seek an experienced workers’ comp attorney to protect your rights and economic interests. 

At Castan & Lecca, we are ready to help address the concerns you may be facing in trying to get the restitution you are rightfully entitled to. You are not alone during this process. We are here to accompany you every step of the way until you be compensated for your injuries. Contact us for a free consultation to start planning the best strategy to win your case!