With heavy machinery, sharp equipment, platforms at great heights, and trenches hundreds of feet below ground level, construction sites are inherently dangerous. For this reason, construction companies are required to implement strict safety measures and regulations that are designed to keep workers safe. When general contractors and business owners fail to keep workers safe, the injured party may be entitled to workers’ compensation.
If you were injured in a construction accident in Oklahoma, you may wonder what your legal options are in regard to obtaining compensation. At BDIW Law, we can connect you with an Oklahoma construction workers accident lawyer who can teach you about all of the legal options at your disposal. To learn more, reach out to our law firm today.
Filing a Construction Workers’ Compensation Claim in Oklahoma
Your best chance at recovering compensation for your construction injuries begins with filing a workers’ compensation claim. Oklahoma employers are required to carry workers’ compensation insurance unless their annual payroll totals less than $10,000. If you are a full- or part-time employee and you get injured on the job, your employer’s insurance should automatically kick in to cover the cost of your medical expenses, lost wages, and rehabilitation.
Unlike the personal injury system, workers’ compensation is no-fault. This means that you do not have to prove that another person or entity was negligent and caused your injury. The only things that you have to prove: that you were injured and that your injury occurred while you were working.
BDIW Law is an Oklahoma law firm with extensive experience with workers’ compensation claims. An Oklahoma construction workers accident attorney from our team can get you up to speed on workers’ comp laws and how they apply to your case. For more information, get in touch with us today.
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Why Your Oklahoma Construction Workers Accident Claim May Be Denied
Your employer may contest your construction workers’ accident workers’ comp claim. They may do so for many reasons, such as:
- No one witnessed your injury.
- You failed to report your workers’ comp injury to your employer within 30 days of when it happened.
- Your accident report and your medical records do not match.
- Your initial medical records indicate that there were drugs or alcohol in your system at the time of the accident.
- You filed a workers’ comp claim after you were fired.
- You refused to give your employer’s insurance company a recorded statement and/or refused to sign a medical authorization.
Just because your claim was denied does not mean that you cannot do anything about it. A construction workers accident lawyer in Oklahoma can review your claim and the denial notice and help you refile your claim as needed. If your claim gets rejected a second time, a construction workers accident attorney in Oklahoma can negotiate on your behalf and ensure that you receive the compensation you deserve.
When to File a Civil Lawsuit in Oklahoma Outside of Requesting Workers’ Compensation
In some instances, you may be able to file a civil lawsuit against a person or entity for damages. It is not uncommon for construction workers to work with other subcontractors or vendors, or for industry workers to operate heavy equipment, machinery, or large trucks. If your accident was caused by a person or entity unrelated to your employer or the result of faulty construction equipment, you may be able to pursue damages outside of workers’ comp.
To do so, you will need to take the same actions as those required to file a personal injury lawsuit. Compensation is not guaranteed in your lawsuit, and you must be able to prove fault. To succeed, you must show that the following factors are true:
- A person or entity had a duty to you to act in a manner that is safe and reasonable.
- A person or entity failed to uphold their duty.
- A person or entity did not uphold their duty, which resulted in your construction work injury.
An Oklahoma construction workers accident lawyer can answer any legal questions you have regarding filing a personal injury claim. If you decide to move forward with a personal injury claim, your attorney will make sure it is submitted in accordance with Oklahoma’s statute of limitations. They will ensure that you seek the most compensation possible.
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What to Expect When You Request Damages After an Oklahoma Construction Work Accident
In most personal injury cases in Oklahoma, there is a two-year statute of limitations for requesting damages. You have up to two years from the date your construction work accident, and injury occurred to request compensation from anyone responsible. If you choose not to do so, you lose the right to pursue damages down the line.
Your construction workers’ accident attorney in Oklahoma submits your claim and works with you to build your case. Over the course of your litigation, your attorney may work with the defendant’s lawyer to negotiate a settlement. If you receive a settlement offer that lines up with your expectations, you can resolve your case without a trial.
In the best-case scenario, you receive a settlement that provides you with adequate compensation based on your construction work injuries. If this does not happen, you may be forced to go to trial and explain to the court why you deserve damages. Your attorney will help you prepare for your trial date and make sure you know what can happen during your legal proceedings.
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How to Select a Construction Workers’ Accident Lawyer in Oklahoma
As you consider hiring a construction workers accident attorney in Oklahoma, look at a lawyer’s client testimonials. Doing so can help you see what it is like to work with an attorney. If you find a lawyer has received positive feedback, you can set up a meeting.
When you meet with a lawyer, ask questions. You can get insights into how the lawyer will approach your case. If you find a lawyer is a good fit for what you want to accomplish, you can hire them.
At BDIW Law, we make it easy to connect with a construction workers accident lawyer that will do everything they can to help you win or settle your case. Please contact us today, and we can review your construction workers’ accident case.
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