Construction sites can be some of the most hazardous workplaces
today. Particularly in multi-floor buildings, there is a danger of
suffering a personal injury after being struck by a falling object,
falling from a height or a scaffold, or over-exerting yourself to
the point of causing an injury or exhaustion.
If you do suffer a personal injury on a construction site, you
may need to hire a lawyer to assist you with your claim to the
Workers Safety Insurance Board (WSIB), particularly if your initial
claim has been denied. In order to get best results, there are
things you need to know about your employment and the work site,
and things you need to do after your accident.
What you need to know about your work and the construction site
Who owns the site?
This is important to understand, as the interaction between the
owner of the work site and your employer can be important in
How much control does the
property owner have over the construction site? If the
property owner is actively interfering with the construction site
or imposing limitations that make the site unsafe, this can make
them liable for your injury due to negligence.
How much control does your
employer have over the construction site? As with the
property owner, if your employer is contributing to making the site
unsafe, or has been negligent in such a way that it contributed to
your accident, this makes them liable.
Are there sub-contractors
brought in from different companies on the construction site, and
are they contributing to the safety situation at the site?
This is another important question – while you may be
employed by one company, a sub-contractor may be employed by
another, and may not be following the same safety rules and
regulations that you are. If they or their company contributed to
your accident, this makes them liable in part for your personal
If you have been injured on a construction site, the things you
need to do include:
Seek immediate medical
attention for your injury. As well, have your doctor
document your diagnosis and treatment, and ensure that your
additional medical and recovery expenses are documented as
Report the accident and your injury
to your supervisor, and ensure that you follow your employer's
Occupational Health and Safety guidelines and policies.
Document the location and
circumstances of your accident. This includes the state of the
construction site, the type and condition of the safety equipment,
etc. This can be particularly important, as the site will change
over time – also, if your accident happened because of a
manufacturing error in the safety equipment, the manufacturer may
be at least partly liable for your injury.
Locate and record the contact
information of any witnesses. If your injury does require legal
action, this is of vital importance, as eye-witness testimony can
make the difference in proving where liability lies.
Preserve the evidence of your
accident. Particularly if your accident occurred because of an
equipment failure, this is very important. If you can, retain the
equipment that failed and ensure that it is documented.
File a claim with the Workplace
Safety and Insurance Board (WSIB) as quickly as possible. One of
the reasons that an insurance claim is sometimes rejected is that
the injured party took too long to file it. By filing as soon as
possible, you strengthen your claim to compensation and your case
if it is denied or escalates to a lawsuit.
Document the impact of your injury on
your day-to-day life, including any additional expenses you or your
family has incurred due to your recovery.
Gathering the information you need, as well as doing what you
need to after the accident, are vital steps in streamlining the
compensation process. This will enable a lawyer to better
understand your personal injury and your needs, where the liability
lies if a lawsuit needs to be filed, and allowing you to get the
compensation you need for your recovery.
It's not often that our little blog intersects with such titanic struggles as the U.S. presidential race – and by using the term "titanic" I certainly don't mean to suggest that anything disastrous is in the future.
J.J. v. C.C., is an interesting case in which the court held that an automotive garage owes a duty to minor children to secure the vehicles on the premises by locking the cars and safely storing the car keys...
In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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