7 Steps to Winning a Construction Accident Workers’ Compensation Claim

Group 152

Table of Contents

Winning a Construction Accident Workers’ Compensation Claim

Working in construction comes with inherent risks, even if you follow all safety protocols. Construction sites contain dangerous machinery, equipment, heights, electricity, and other hazards that can cause serious injuries. If you get injured on a construction job in Minnesota, you may have a valid claim for workers’ compensation benefits. 

At Mottaz & Sisk Injury and Work Compensation Lawyers we have years of knowledge and industry experience. Call us at 763-421-8226 today for your free consultation.

Here are 7 key steps to take if you suffer an on-the-job injury as a construction worker:

Report Your Injury Promptly

It’s crucial to notify your employer as soon as possible after any work accident. Reporting quickly creates a record and timeline of the incident. Under Minnesota law, you must provide written notice of the injury to your employer within 14 days. The faster you report, the more credible your claim will seem.

Document the date, time, location, witnesses, nature of injury, and how it occurred. Take pictures if possible. Get copies of all accident reports filed by supervisors or first responders. The more proof and specifics you can provide, the better.

Get Medical Treatment Immediately

Another vital step is to seek medical care right away, even if the injury seems minor at first. Reporting and treating promptly shows the workers’ comp insurer that the accident caused your injury, strengthening your claim.

Many construction-related injuries like fractures, sprains, head trauma, or repetitious motion injuries cause ongoing issues. Seeing a doctor quickly provides documentation and establishes a treatment timeline. Make sure to follow all recommended treatments and physical therapy.

Gather Key Evidence

Work closely with your workers comp attorney to collect evidence supporting your claim. Examples include medical records outlining diagnoses and treatments, incident reports, witness statements, employment records, equipment manuals, site photographs, and records of safety violations.

Construction accidents often happen because of unsafe site conditions, defective equipment, lack of protective gear or training, or negligence. Your evidence should help prove these factors caused your injury.

Calculate Lost Income

In addition to medical costs, workers’ comp covers a portion of lost wages. Calculate how much time you’ve missed or will miss due to this injury. Provide pay stubs or tax forms showing your average weekly wage over the past year.

Accounting for lost current and future income ensures you claim these benefits to cover bills while recovering. Keep precise records of missed hours and wages related to medical appointments, treatments, physical therapy, etc.

Understand Potential Benefits

Beyond immediate medical bills and short-term lost income, your ultimate workers’ comp settlement may include compensation for:

  • Ongoing healthcare costs

  • Long-term lost earning capacity

  • Reduced retirement benefits

  • Chronic pain and emotional distress

  • Loss of quality of life

An experienced workers comp attorney can assess both your current expenses and future costs this construction injury may necessitate. Don’t sell yourself short or rush into accepting an inadequate settlement offer.

Handle Communications Correctly

Do not provide any recorded statements or sign any documents without talking to a lawyer first. What you say can be used against you later. Communicate only essential medical info with your employer/insurer.

Be cooperative, but refer more complex questions or requests to your workers’ comp attorney. Always having legal guidance protects your interests best. Don’t post about the accident publicly on social media, either.

Get a Workers Comp Attorney Experienced in These Claims

Winning construction accident claims demands navigating complex workers’ comp laws while proving negligence caused your injury. Rather than risk getting taken advantage of by insurers, hire a knowledgeable local workers comp attorney in Minnesota.

An experienced workers comp lawyer understands common defenses used and knows how to counter them effectively. They will manage the legal process professionally while you focus on your health. This provides your best shot at receiving fair compensation.

Frequently Asked Questions

Most construction accident lawyers work on contingency, meaning no upfront payments. They only collect a fee if your claim succeeds and receive an agreed percentage of your final settlement. So, hiring an attorney costs nothing upfront.

Yes, usually. Minnesota uses a “contributory negligence” rule. So even if you were partially responsible through violating a safety rule, for example, you may still recover benefits. Though your payout might get reduced somewhat based on your fault percentage.
Carefully record what/who caused the incident, exact location, witnesses present, where you felt pain, how the injury happened, who you reported it to, and what medical treatment you got. Pictures, video, and documents help too. Thorough notes strengthen your case.

Benefits may cover current and future:

  • Medical treatment

  • Prescriptions & equipment

  • Lost wages

  • Rehab/therapy

  • Chronic health issues

  • Reduced earning capacity

  • Emotional distress

  • Loss of consortium

Yes. It’s illegal for employers to retaliate in any way for claiming workers’ comp benefits. Getting fired for reporting a valid work injury could mean recovering damages beyond standard workers’ compensation in court.

Winning Fair Compensation Depends on You

Suffering any construction injury causes enough distress without having to fight insurers for fair compensation alone. Contact an experienced local workers’ comp attorney to discuss your situation in a free case review. With an attorney on your side managing the complex legal and claims process, you can focus on convalescing. Taking prudent steps now improves your chances of success in securing the maximum settlement to get back on your feet financially.

Selecting a Workers Comp Attorney

At Mottaz & Sisk Injury and Work Compensation Lawyers we have years of knowledge and industry experience. Call us at 763-421-8226 today for your free consultation.