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!

Getting a work-related injury can be a stressful experience. Many times, you are in pain. You might spend time in the hospital, get surgery, or undergo physical therapy. These instances can take months of your time, limiting or completely preventing your ability to work. 

On top of all of the expensive medical bills, living expenses start to pile up. You also need to provide for your family. That’s where workers’ compensation comes in.

If you sustain a workplace injury, the workers’ compensation system is set into place to assist you with expenses during this time. According to the Georgia State Workers’ Compensation Board, workers’ compensation is a government-run insurance program that is specifically geared to paying workers who have been injured at their workplace. Aside from the Georgia board, there is also the federal workers’ compensation program that the Department of Labor runs. 

Your employer is required to pay through this program. Benefits could include the following:

• Medical benefits

• Rehabilitation benefits

• Income benefits 

 These benefits are designed to help you during the recovery process until you are ready to return to work. But getting your employer to pay them out is sometimes difficult. Insurance companies deliberately make it hard for workers’ to sometimes receive their benefits. They have teams of attorneys dedicated to denying your claims. 

This is why it’s important to be informed about the workers’ compensation process and what it takes to receive timely benefits without hassle. In this blog, we will detail some of the biggest obstacles an injured worker faces when applying for workers’ compensation benefits. 

Not Knowing the System 

First, when applying for workers compensation, you must be aware of the overall system. There are deadlines and strict rules that you (and insured employers) must follow. But it can be hard to know where to begin. The Georgia State Board of Workers Compensation is a good place to start. 

According to the state board, you will receive two-thirds of your average weekly wage. However, you will not receive more than $675 if you sustained your injury after July 1, 2019. 

You are also entitled to receive your benefits for up to 400 weeks. However, if you get a catastrophic workplace injury, you may be eligible to receive benefits for the rest of your life. Catastrophic injuries include:

• Spinal cord injury or paralysis

• Head injuries, including traumatic brain injury (TBI)

• Severe Burns

• Loss of Limbs

• Any injury that causes permanent or long-term disability 

If you do sustain a catastrophic injury, you may be entitled to receive long-term disability benefits. The amount of benefits you would receive depends upon the nature of your specific injury. In these cases, it’s always best to consult with a legal professional who can help you navigate the state board or other government agencies.

Not Keeping Track of the Documentation 

After sustaining a workplace injury, you could be in pain, or suffering emotional distress. Your family could have difficulty paying bills if you are unable to work. 

It’s a stressful situation, but you always want to be sure that you are keeping track of all of your documentation. This documentation provides you with the evidence you need to make sure you are paid the maximum amount of benefits that you need. This evidence could include medical records, medical bills, the accident report to your employer, email correspondence, and more. 

It might be overwhelming, and we understand that. But at Castan & Lecca, we can guide you with a steady hand to ensure that you can receive the benefits that are due to you. 

Not Meeting Deadlines 

Strict deadlines make the workers’ compensation process hard. It can be challenging to file or report things on time, especially if you are gravely injured. But it’s crucial to stick to all of the deadlines so that you can get the benefits you need. 

It’s challenging, but having a trusted team on your side can help you meet every deadline. They can help you with the documentation, filing your claim, and communicating with the insurance companies. 

Reporting Your Injury

If you do get injured at work, it is important to report it immediately to your employer. You should also document the scene of the incident, and keep track of witnesses as well. 

According to the Georgia Employee Handbook, you should be as specific and as detailed as possible when documenting your accident. If your injury is quite serious and you must receive medical attention, then a report will be filed for you. 

But if you do not report your injury right away, there could be complications with your case. Most importantly, your injury could worsen if you do not get aid right away. 

If you wait longer than 30 days to report your injury, there could be a major delay in your case or your claim could be denied completely.

Filing A Claim

There is also a deadline for filing a workers’ compensation claim. In the state of Georgia, you have one year from the date of the accident to file a workers’ compensation claim. If you miss this deadline and file after this time, you may be denied benefits. 

It’s always best to file the claim as quickly as you can so that you do not have any delay or denial of benefits. 

Seeking Medical Help 

Immediately after your injury, you should seek medical services. A health care provider can assess your injury, observe you, give advice or recommend treatments. If left undiagnosed, an injury or illness can increasingly get worse and have further complications. 

It is also important to note that the medical help you receive comes from an authorized health care provider. You must document all medical aid you receive in advance of your claim. 

Seeking medical assistance right away also helps you keep a documentation of evidence ready for your claim. 

Delays in Receiving Benefits 

Sometimes you can document everything, report the accident immediately, file the paperwork on time, and still not receive your benefits on time. We understand that this can be incredibly frustrating. We know that your life, your family’s life, and your well being depend on these benefits. 

These delays are another reason why the workers’ compensation process can be so hard. It is common when dealing with large government agencies and insurance companies who might rather not pay out. If there is a delay in your benefits, you can lean on a trusted attorney to assist with these challenges so that you can get your life back. 

How to Make the Workers’ Compensation Process Easier

Navigating the workers’ compensation system to receive benefits is no easy task. This is especially true when you’re in the process of recovering from your injury. You may even still be in the hospital or require surgery. Whatever the case, you should not worry about negotiating with insurance companies or communicating with employers. 

The way to lift some of the burden is to seek legal advice during this process. A trusted, experienced workers’ compensation attorney can guide you through this process so that you get the maximum benefits you deserve. Those benefits will make a huge difference in lost wages, medical expenses, and your family’s peace of mind. 

At Castan & Lecca, we pride ourselves on our accessibility, our experience, and our trustworthiness. These three values drive us when we represent our clients. We are available by phone, email, or text, and our answering service is 24/7. 

We have over 25 years of personal injury law experience, and rely on client referrals and word of mouth. We are currently offering free consultations, so reach out to us today to learn more about your workers’ compensation benefits.