Introduction
Accidents that occur in such sites are often severe, and in unfortunate situations, can even be fatal. This article will explain mistakes that construction employees tend to make after an accident, medical record review, and the role an attorney plays in such complicated scenarios.
Understanding Construction Accidents
Types of Construction Accidents
• Falls: Leading cause of injuries that occur in construction sites, often resulting from a lack of fall protection or safety training.
• Equipment Accidents: Injuries sustained using defective tools or equipment that the worker has not been trained on.
• Electrocutions: Often the result of de-energizing processes performed in a faulty manner.
• Struck-by Incidents: Injuries caused by powerful tools or swinging objects create a workplace hazard.
Statistics on Construction Accidents
• Prevalence: There are numerous videos available and studies conducted that depict construction work deaths or serious injuries sustained from falls as one of the most prevalent chronic issues within working sectors in the US. OSHA states that construction workers alone account for 20% of all workforce deaths reported in America.
• Injury Rates: The construction field is reported to be the most dangerous occupation in the United States, as shown by surveillance footage and online posts. In 2022, the Bureau of Labor Statistics reported more than 200,000 recorded cases of non-fatal construction injuries.
Common Mistakes after a Construction Accident
Not Reporting the Incident
• Consequence on Claim: Failing to report the incident to your superior may result in complications when trying to receive benefits.
• Particular State Regulations: In most states, there are specific time limits in which workplace accidents have to be reported.
Not Getting Treated
• Get Treated or Take Care of Yourself: Always at least, seek medical attention to a qualified physician and nurse.
• Detrimental to Claim: Not getting treated in a timely manner can hurt the case and will create conflict regarding the extent of injuries.
Not Taking Pictures of the Site
• Injury Claims: If you have failed to take photographs, collect them from other people who witness the incident. Photographs are crucial in proving the negligence in question.
• Great Importance: Creating a record of the scene could be crucial when it comes to legal claims.
Talking To Insurance Adjusters On Your Own
• Your Interests: Adjusters may low-ball you and try to justify it as ‘doing their job’’ and with no legal backing, you compromise yourself.
• Legal Landmines: Recorded statements without a professional can come back to haunt you where you could end up unreasonably accepting blame.
Not Valuing Medical Notes or Records
• Medical Records as A Tool: Well-kept and thorough medical records are important to prove the injury itself and the treatment that is received for it.
• Working with Lawyers: Medical record appraisal has the potential to guide attorneys create solid cases that are factually supported.
The Role of Medical Records Review
Importance of Medical Records in Legal Cases
- Establishing Causation: Medical records help establish a direct link between the accident and the injuries sustained.
- Documenting Treatment: A thorough review of medical records can reveal the extent of injuries and the necessary treatments.
Process of Medical Records Review
- Collection: Gathering all relevant medical documents, including treatment notes, diagnostic tests, and prescriptions.
- Analysis: Evaluating the records for inconsistencies, missed diagnoses, or inadequate care.
- Collaboration with Attorneys: Medical record reviewers work closely with legal teams to build a strong case based on the findings.
Current Trends and Statistics (2024)
• Frequent Lawsuits: More people are taking construction site injury claims which mean greater concern about the construction site safety and recognition of specialized construction injury lawyers.
• New Regulations: There are proposals that seek to protect workers and enhance accountability within the construction sector.
Case Studies
Case Study 1: Fall from Height
• Summary: A worker in the construction trade fell from the scaffolding due to a lack of safety handling procedures.
• Challenges: Proving that the employer did not provide safety equipment is the primary concern.
• Solutions: The investigation of the safety measures and witness evidence showed it was negligence.
Case Study 2: Equipment Malfunction
• Overview: An individual sustained an injury from a piece of heavy machinery when the crane broke and suffered an injury.
• Challenges: There is the challenge of maintaining the equipment’s standards and the ergonomic conditions of the office, as well as conducting periodic inspection tasks.
• Solutions: During the investigation, the medical files alongside the maintenance schedules substantiated the lack of care of the equipment.
Conclusion
It is easy to get lost in the chaos after a construction-related injury; however, many do not understand the need to avoid basic simple mistakes to uphold the importance of their rights and approvals. Reporting an incident and seeking medical aid, as well as capturing the circumstances all play a crucial contributing factor to the outcome of the claimant’s needs. Also, reviewing the medical records adds to the legal case, therefore, its nature should not be taken lightly. When a person is more aware of how to approach a challenging situation, it becomes easy for them to deal with such situations and self-advocate.
