If you're one the 6.5 million people who work on construction sites each day, you face a number of dangerous situations, such as falling off a scaffold or fracturing a limb. A number of these individuals receive catastrophic injuries because they simply didn't follow the safety rules set by their company.
But what if you become injured on the job after following all the rules and safety protocols, and the company blames you for your accident? How do you clear your name and get the compensation you deserve? A personal injury attorney can help you fight back. Here's what you and your attorney can do to win and clear your good name.
Create a Detailed Affidavit for Your Attorney
If you're experiencing a lot of pain and frustration from your construction site injuries, the last thing you probably want to do is remember how the accident happened. However, to clear your name, this is the most important thing you can do for your case. Here's why.
In order to get the case settled as quickly as possible, the construction company's insurance provider requires a signed affidavit of the incident. The insurance adjuster's job is to pay you as little as possible for your injuries, especially when the construction company blames you for the accident. If your injuries prevent you from thinking clearly at the time of the call, you may leave out some very pertinent information regarding your accident.
Before you answer any of the insurance adjuster's questions over the phone, visit your attorney's office instead. Your attorney will give you time to complete the affidavit forms.
Although there's a time limit on completing your affidavit, your attorney may request an extension on this time limit for you. This helps protect your rights if you're in the hospital for treatment, or if you're currently taking medications that leave you groggy and sleepy. Keep in mind that every state has a different timeline for completing insurance affidavits, so be sure to consult with your lawyer about yours.
In addition to giving you the appropriate time to complete your affidavit, the attorney may ask you questions that trigger your memory. For instance, your attorney may ask you to describe the work area or construction site's condition at the time of your accident.
They will want you to also recall any witnesses, such as other workers, who saw the incident occur. They'll have someone else to interview to get the whole story. At this time you can also list any prior complaints from you or the other workers about the construction site just before your accident
The adjuster may only ask you about your injuries and not about the accident itself, which doesn't give you a chance to tell why and how your accident occurred.
Have Your Attorney Investigate the Construction Company
Based on your answers to the affidavit's questions, your attorney may investigate the construction company's previous history regarding workplace accidents. Sometimes, companies blame employees for their injuries when they don't want to pay out large workers' compensation fees or insurance settlements. Although this may or may not be something your employer practices, the attorney must rule out this issue before proceeding with your case.
Additionally, the attorney may look through prior personal injury cases against the construction company that actually went to court. Your lawyer needs to see if the company has a history of cases against it and why. If this company does have a long history of construction site cases against it due to negligence or unsafe workplace practices, the attorney may use this information to clear your name.
Fighting back against an employer isn't something you may set out to do, but it may be necessary to win your settlement or to clear your name. If you need additional information about tackling your construction site case, check it out online or contact an attorney.