What Should You Do Immediately After A Construction Accident?
Construction sites are inherently dangerous, and accidents can happen even when safety rules are followed. If you’re injured on a job site, taking immediate steps can make a significant difference in your recovery and your ability to pursue a personal injury claim.
At The Handley Law Center in Edmond, Oklahoma, we help injured workers understand their legal rights and pursue compensation under Oklahoma law.
Whether you’re a worker, contractor, or visitor, knowing what to do after a construction accident can protect both your health and your case. The following steps can help you respond quickly and correctly after an incident.
Seek Immediate Medical Attention
Your health should always come first after any accident. Even if your injuries seem minor, you should still get checked by a medical professional. Some injuries, such as internal bleeding or head trauma, may not be immediately obvious.
Prompt medical care also creates a documented record of your injury. This record can be used later in your personal injury claim to show the severity of the harm you suffered. If you're unable to call for help yourself, ask a coworker or supervisor to do so immediately.
Report the Accident to Your Supervisor
Once you've received medical care or while waiting for emergency services, report the incident to your supervisor or site manager. Reporting requirements vary depending on the job type, but it’s always smart to notify a superior right away.
A formal accident report should be completed as soon as possible. Make sure your version of the events is included and that the report accurately reflects what happened. Don't sign anything you believe misrepresents the situation.
Document the Scene and Your Injuries
Gathering evidence at the scene can help protect your legal rights. If you're physically able, use your phone or ask someone else to take photos and videos of:
The area where the accident occurred: Capture equipment, tools, or hazardous conditions.
Visible injuries: Photograph any cuts, bruises, or other trauma.
Witnesses at the scene: Note the names and contact information of people nearby.
Safety violations: If protective gear was missing or scaffolding was faulty, document it.
Photos and firsthand accounts taken shortly after the accident can make a significant difference when building your claim.
Avoid Making Public Statements
In the aftermath of a construction accident, you might feel the urge to talk about what happened, especially with coworkers or on social media. However, public comments can be misinterpreted or used against you later.
Avoid discussing fault or making assumptions about who caused the accident. Don’t admit blame, even if you think you contributed to the incident. Let the investigation play out before offering conclusions.
File a Workers’ Compensation Claim
If you were injured while on the job, you're likely eligible for workers’ compensation benefits. This system provides medical care and wage replacement without needing to prove fault. However, strict deadlines apply, so it's important to act quickly.
Oklahoma requires employees to notify their employer of the injury within 30 days. Once that notice is given, a claim can be filed with the Workers' Compensation Commission. Common benefits include medical treatment, temporary total disability payments, and vocational rehabilitation.
Identify If Third Parties Were Involved
Workers’ compensation may not cover all damages, especially if a third party contributed to the accident. Third-party liability often arises in construction cases when outside contractors, subcontractors, property owners, or equipment manufacturers are involved.
If someone other than your employer caused or contributed to the accident, you might have grounds for a separate personal injury claim. This type of claim can provide compensation for pain and suffering, lost future earnings, and more.
The Importance of Witness Statements
Witness accounts often provide critical context and support in construction accident claims. When injuries occur, independent observations can confirm what happened, how it happened, and whether safety procedures were followed.
These statements can help clarify facts and establish liability. Witnesses may also recall details that the injured worker was unaware of due to shock or unconsciousness.
Waiting too long to collect witness information can lead to lost details or fading memories. Speaking with a lawyer early allows for timely interviews and proper documentation, strengthening both workers’ compensation and third-party personal injury claims.
Reliable testimony can also counter inaccurate employer reports or insurance narratives that downplay the incident.
Keep All Records and Correspondence
Construction injury claims often involve multiple parties, including employers, insurers, and government agencies. It’s critical to keep copies of everything:
Medical records and bills: These demonstrate your diagnosis and treatment.
Accident reports: Include any formal documents from the employer or OSHA.
Pay stubs and work schedules: These help calculate lost wages.
Emails and letters: Document all communications with your employer, insurance adjusters, and lawyers.
Organizing this information can help your lawyer prepare a comprehensive claim and respond efficiently to legal or insurance requests. A well-documented file of your injury, expenses, and communications may also strengthen your case during negotiations or court proceedings.
Watch for Signs of Retaliation
After a construction accident, some workers worry about retaliation from their employer. Retaliation can take many forms, such as being demoted, fired, or harassed after filing a claim.
Oklahoma law protects workers from being punished for reporting injuries or filing for workers’ compensation. If you notice any changes in your employment status or treatment at work after reporting your injury, keep detailed notes and contact a lawyer immediately.
The Importance of Seeking Legal Representation
Construction accident cases can quickly become complicated when insurance companies, subcontractors, and legal liability come into play. That’s why contacting a personal injury lawyer early on is one of the most important things you can do.
Your lawyer can investigate the circumstances of your accident, determine if you have additional claims outside of workers’ compensation, and represent your interests when negotiating with insurers or other parties.
Common Injuries From Construction Accidents
Construction sites involve heavy machinery, hazardous materials, and significant heights. As a result, the injuries suffered can be life-changing. Common injuries include:
Traumatic brain injuries: These can occur from falls, being struck by equipment, or debris.
Spinal cord damage: Caused by falls or being crushed between objects.
Broken bones: Often the result of slips, trips, and falls on uneven surfaces.
Burns and lacerations: Exposure to electrical sources or hazardous materials.
Respiratory issues: Caused by inhalation of dust, chemicals, or asbestos.
Workers experiencing any of these injuries should undergo a full medical evaluation and receive a detailed treatment plan. Early and appropriate care not only improves the chances of recovery but also helps support any personal injury claims by documenting the full extent of harm suffered.
OSHA Investigations and Reporting Requirements
When a construction accident results in serious injury or death, OSHA may conduct a formal investigation to determine whether safety standards were violated. Employers in Oklahoma must report any work-related fatality within eight hours and any in-patient hospitalization, amputation, or eye loss within 24 hours. Failing to report on time may result in penalties.
If OSHA opens an investigation, they’ll inspect the site, interview witnesses, and review safety records. While the goal is to improve workplace safety, the findings can also be relevant in legal claims. It's wise to consult a lawyer before giving statements or signing any documents related to the investigation.
Legal Deadlines You Should Know
In addition to workers’ compensation deadlines, you must also be aware of time limits for filing personal injury lawsuits. In Oklahoma, the statute of limitations for personal injury claims is typically two years from the date of the accident.
Missing this deadline may result in losing your ability to recover damages altogether. That’s why it’s essential to speak with a lawyer early to evaluate your options and take legal action within the appropriate time frame.
Reach Out to a Lawyer
If you've been injured in a construction accident in Oklahoma, The Handley Law Center can help you understand your legal rights and options. Our firm assists clients in Canadian County, Oklahoma, and throughout nearby areas, including Custer County, Blaine County, Kingfisher County, and Caddo County. Contact us today to get started on your personal injury claim.