Lack of safety measures at construction sites can lead to fatal accidents for the workers. The intensity of personal injury and effects of trauma could take long time to heal. It is vital for the injured worker to get emergency medical attention and treatment. If there is a need for hospitalization it has to be addressed immediately. Registering a police complaint as soon as possible can help in getting the first evidence of the negligence on part of the authorities at the site. Initial investigations by the police can reveal some of the vital evidences.
Contacting the construction accident lawyer is a critical step you need to take. If you happen to be a close family member or a friend of the victim, you can take the initiation on his behalf. The personal injury lawyer will take immediate steps to investigate at the accident spot.
Evidences from Accident Site
You may request the police to seal off the accident spot from intrusion until your lawyer arrives to conduct the investigation. This will prevent any manipulation or loss of evidences.
- The lawyer collects all the required evidences from the spot with the help of a forensic specialist. Blood and tissue samples, broken pieces of protective gears and other objects are gathered and subject to analysis.
- The lawyer enquires about the safety measures adopted at the site and takes photographs. This helps him in determining any violations of safety measures according to the rule book. He also takes evidences of safety gears and dress code of the injured employee when the accident took place. This helps in determining the quality and protective features of the gear.
- The lawyer contacts the probable witnesses on the spot and enquires about the exact details of the incident. He makes sure no obstacles are created during his investigative interviews with the witnesses. He records all their statements and documents them for further reference.
Negotiations with the Employer
Before taking any further steps, the layer prepares all the investigative documents and supporting reports of evidences. He also prepares a claim report in which he evaluates the amount of compensation. If the injured employee is covered by insurance he prepares the claim papers and submits them to the insurance company. The he contacts the employers / owners of the construction site and ties to negotiate for settlement of compensation. If they agree, he prepares a claim form and submits to them along with the claim papers. He tries to get the maximum compensation value from the employer at the earliest possible time.
If the employers don’t agree for negotiations or the negotiations fail to get the required compensation, the layer files lawsuit at the court of law.
Intimation is sent to the defendant about the lawsuit. The court decides about the starting date of trials and sends information to the lawyer of the plaintiff and the defendant. The lawyer submits all the documents and reports related to the accident to the court of law.