How can one qualify to pursue construction excavation injury claims? I was recently injured when I fell into a trench which had just recently been dug, breaking my arm. Although I am apprehensive about claiming compensation from my employer as I am friends with him and many of my co-workers, I may need to claim in order to pay my medical bills.
Excavation workers may be able to pursue construction excavation injury claims if they are able to prove that a third party was at least partially responsible for their accident. In this particular case, it is likely that you will claim for construction excavation accident compensation against your employer. Regardless of whether the person who injured you was a co-worker or your employer himself, your employer may be deemed liable as he or she owes their staff a legal ‘duty of care’, meaning that they must have taken measures in order to ensure the safety of you and your co-workers while on site.
Part of an employer’s ‘duty of care’ involves checking employees’ workspace and equipment to ensure that there are no safety hazards and to confirm that all equipment is fit for use. If there was no signage placed around the trench into which you fell for example, your employer may have failed in their duty of care and you may be eligible to claim accidental construction excavation injury compensation. In order to determine whether or not negligence on the part of your employer led to, or played a part in your accident, you should speak with an experienced personal injury claims lawyer at the first available opportunity.
You should be aware that you may be made an offer of compensation before you have had a chance to speak with a lawyer. Unsolicited offers of accidental construction excavation injury compensation are made by insurance companies on behalf of their clients – in your case your employer – in order to bring a quick and cost effective resolution to construction excavation injury claims. It is vital that you do not accept this offer without speaking with a lawyer first. Although you may feel that accepting the offer will allow you to draw a line under the event, it may not be enough for you to cover your medical costs or fully compensate you for your injuries.
In order to find out how much compensation you are genuinely entitled to, speak with an experienced personal injury claims lawyer at the first available opportunity. Aside from being able to answer any questions you may have relating to your claim, your lawyer may also be able to provide you with an estimate of how much compensation you are entitled to by pursuing construction excavation injury claims.