A construction site is not a safe place to work. It can be a safe place, but it is not. A construction site should follow many safety rules that employers will often violate. Following the safety rules is very important, especially when it comes to something like a construction site. In a construction site, even a minor accident can result in major injuries. A simple slip-and-fall will not be simple when it happens on a construction site.
Worker’s compensation is what you need to look for if you get injured in a construction site accident. A worker’s compensation policy is an insurance policy that will compensate injured workers in case of an accident. Employers need to have this policy to protect themselves. Learn more here about the worker’s compensation policy to protect your rights if injured in an accident.
You might be eligible to file a worker’s compensation claim at work if you were hurt while you were there in a slip-and-fall accident. You must file a claim with the employer’s insurance provider because most firms have worker’s compensation insurance. You can submit a worker’s compensation claim, whatever the at-fault party may be. This blog will answer your question, “How to claim worker’s compensation for a slip and fall injury?”
The Worker’s compensation policy is a great scheme to protect the workers of a construction site. However, this doesn’t stop employers from being negligent toward workers. Employer negligence is the major reason for construction accidents. And worker’s compensation protects the employer from lawsuits. Yes, if an employer has a worker’s compensation policy, they can’t be sued. This prevents the victim from filing a lawsuit against the negligent employer for punitive damages. Punitive damage is a great way to punish negligent parties. Punitive damage is basically a penalty for the negligent person to prevent them from committing any more negligent acts.
But this can’t be done when the employer has a worker’s compensation policy. Still, you should get whatever you can to cover your damages. Normally, worker’s compensation will be issued by the employer without any problem. But sometimes, some employers will refuse to pay a deserved amount to the victim to save money. That’s when you will need a lawyer to protect your rights and to get deserved compensation.
How Soon After a Fall May You File a Lawsuit Against Your Employer?
Time limits for filing a worker’s compensation claim for a slip and fall accident can vary from state to state. To file a workers’ compensation claim, you have 30 days in California and 90 days in Nevada. However, if you fail to submit your worker’s compensation claim on time, your claim may not be approved. Consider submitting a worker’s compensation claim as soon as possible if you have sustained a severe workplace injury.
Your case can develop into a personal injury claim if your employer doesn’t have worker’s compensation insurance. In jurisdictions such as California and Nevada, there is a two-year deadline for filing a personal injury lawsuit. The law changes with the state. That is why you need to have a local lawyer by your side because a local lawyer will have more knowledge about the laws of that particular state than some other state lawyer. They can help you better with your claim.
How to Handle a Workplace Slip and Fall?
If you get injured at work, seek medical attention for your injuries as soon as possible. Immediately go to your nearest hospital in case of emergency; otherwise, consult the firm’s network doctor. Telling the doctor that the injury is work-related is a good idea. After receiving treatment, you can file a worker’s compensation claim by completing the form. Send the completed form to your employer, and note the delivery date. Also, do not forget to keep a copy of the completed form with you. Do not forget to get medical treatment. You need to know exactly how much you spend on medical treatments so that you can recover it through worker’s compensation. Also, getting medical treatment will show you the long-term damages you will incur, which also should be considered when calculating damages.
How Much Would a Workplace Slip-And-Fall Accident be Worth?
Each worker’s compensation for slip and fall claims will have a unique injury value. Approximately 50% of worker’s compensation claims are resolved for less than $15,000. The average worker’s compensation payment is $25,000, while the other half of the settlements are above $15,000 on average. You could be eligible for compensation based on the nature of your injuries, how the accident occurred, and documentation indicating your ailments developed while you were working and on the clock.
How Much Time is Required to Resolve an Injury Claim Under Workers’ Compensation?
A workers’ compensation claim is typically resolved one to two years after case filing. You can determine the claim period by several factors. While some workers’ compensation cases are resolved quickly, others are dismissed. If your worker’s compensation claim is denied, you may need to appeal the decision or ask for a hearing. As a result, your workers’ compensation claim will take longer, and you will need an experienced workers’ compensation attorney to help you defend the claim.
Everyone deserves workers’ compensation, without a doubt, but insurance companies won’t give you the best result. A workers’ compensation attorney can analyze your case if you need assistance with your workplace slip and fall injury claim or if it has been refused. If your accident was caused by a third party, you could file a lawsuit against them. You will receive compensation for the damages, but you can file a claim too. The liable third party is not protected by the worker’s compensation policy. Third-party can be anyone, like a defective product manufacturer or a subcontractor. Hire a lawyer to file a claim against them. Don’t think that you can’t receive compensation for an accident because you got compensation from the worker’s compensation policy. You can still file a lawsuit if the accident was caused by a negligent third party. Talk to a lawyer to know your rights after an accident.