(Newswire.net — August 10, 2022) — Injuries happen on construction sites — from slips, trips, and falls to heavy lifting, repetitive stress, or contact with dangerous tools. And yet many construction workers do not receive the compensation or benefits they deserve for their injuries.
Often, employers can deny workers compensation for injuries caused by their employer’s negligence. When workers receive compensation, awards are often small and not based on the exact amount of injury.
File a Claim for Medical Benefits
Despite the law in your state, an employer can refuse to pay medical bills without evidence of negligence or fault. Your workers’ compensation case may not go any further if you do not have a medical bill as evidence. Even if you do not plan to sue your employer, you should still file a workers’ compensation claim because it is the only way to get medical care coverage.
Keep Medical Records
Keep all your medical records, including any bills you receive, and the name and contact information of your doctors or health care providers. If you are in a car accident or slip and fall, you should keep the names and contact information of witnesses to the accident in case you need them later.
Seek Legal Help Early On
A worker who has sustained a personal injury in a construction site accident should not try to handle the claim on their own. A lawyer will know what to do in your best interest and have your back if you need help with legal language or any questions that arise during the process. Sending out bills without an attorney can open your case to several loopholes that allow the employer to deny injury benefits.
Know Your Rights
If an employer improperly denies your claim, you can sue in small claims court to recover damages. In addition, you have the right to file a tort action to recover damages for medical expenses and pain and suffering due to negligence by the employer. Before doing so, you should contact an attorney to determine whether it is worth your time and effort.
File a Civil Action
You can bring a claim in state or federal court if the workers’ compensation claims in your state deny you the benefits to which you are entitled. In addition, you may have an independent claim for negligence against the employer or another party responsible for your injury. An attorney can help you determine whether it is worth filing an additional lawsuit and how to proceed with your case.
File a Discrimination Complaint
In some states, you can file a discrimination complaint to recover from an employer that discriminates against you based on your disability. Your attorney can help you file your claim, and if you win the case, the employer will be required to pay damages to compensate you for pain and suffering and other financial losses.
It may also force employers to change their practices so that your rights are protected in the future.
Enforce Your Right to Compensation If an Employer Denies Benefits
Suppose an employer blatantly denies you compensation and benefits you are entitled to or wrongly denies your request. In that case, you should contact your state’s attorney general and the local district attorney for assistance. The state or county will investigate and step in to ensure that the injured worker receives adequate care and compensation.
Report Fraud
You should report any employer who tries to take advantage of you or withholds any wages or compensation to which you are entitled. Some states have a workers’ compensation fraud unit you can contact to file a complaint. Your state insurance department or the attorney general may also have a similar department responsible for investigating workers’ compensation fraud cases.
Knowing your rights is an essential part of getting the benefits you deserve. If an employer fails to provide workers’ compensation insurance or denies your claim, it is up to you to take action. Construction site accident lawyers can help you fight for your rights and get your deserved compensation.
About the author: Kerry L. Tucker
Early in his journalism career, Kerry L. Tucker had a revelation: there were not enough experts reporting on law issues. Legal matters are part of daily life. Yet, there seems to be a general aversion towards them. One of the main reasons for this is that the convoluted legal language is difficult for many people to follow. Therefore, he decided to change how the law is perceived by the public. Throughout his career, he met with many people who shared their personal stories with him. Some of these hit him harder. One of the cases that stayed with him and influenced his future career development was a car accident case involving a child. From then on, he decided to zero in on car accident lawsuits.