Construction sites are filled with working hazards. Because of this, construction site accidents are one of the most commonly reported accidents throughout the United States. Construction workers injured in a worksite need to draft an incident report after the incident.
You should always contact an Attorney to help you with the reporting of the accident.
Drafting an incident report can help the construction industry improve its workplace safety measures. Incident reports are also critical for construction companies. If a company fails to document an incident in some states and countries, it could be penalized.
Not knowing how to write an accident report can cost you time and money as you try to recover from your injuries. We’ve created this guide to demonstrate how you can draft an accident report from a construction accident so that you can get the help you need as soon as possible.
Your Right As Construction Employees
OSHA or the Occupational Safety and Health Administration is the governing body in ensuring workers’ safety. It is stipulated in the OSH Act of 1970 that employers must provide a safe workplace for all of their employees. In addition, the law also states that employees are only partly responsible for overall workplace safety.
The same law also covers construction workers. In addition, a construction worker also has the right to:
- Review the employer’s workplace requirements, including the rules, standards, and regulations;
- Review past medical records and related exposure records;
- Acquire results of hazard testing in the workplace;
- Request an OSHA inspection if the employee suspects a violation of the workplace safety law; and
- Seek protection against retaliation and discrimination if they request an OSHA inspection.
A construction employer also needs to observe the following responsibilities:
- Ensure that the work setting is adequately safe for employees;
- Ensure safe and well-conditioned tools and equipment;
- Educate construction employees on applicable OSHA regulations in the industry;
- Establish a body or department to oversee workplace safety; and
- Conduct safety seminars and training.
How To File A Construction Accident Report
Documenting how the accident happened is not only important when you plan to pursue legal actions against an employer. Writing an accident report can help strengthen the employer’s safety measures to prevent future occurrences. It is imperative that you have an Attorney help you with this. Accidents happen for a variety of reasons.
An incident report can help narrow down the factors and directly address the existing work hazard. Furthermore, reporting an accident could help the affected employee seek immediate and proper medical treatment. Once a construction accident report is made, an incident investigation will take action.
The company’s regulatory bodies will investigate to uncover the cause of the accident. They will then create a plan to protect employees from future incidents. These implementing bodies will also ensure that employees are well-informed of the updated workplace safety regulation.
Get Medical Attention
The most obvious thing you need to do following an accident is to seek medical attention. It’s critical to call the emergency services to evaluate and treat your injuries. People often do not seek medical treatment because they think their injuries are not severe.
However, it is crucial to get checked out by a doctor, especially if you feel any pain or discomfort. Delaying medical treatment can result in further injuries and make it more difficult to prove that you were injured due to the accident. Furthermore, some signs may not manifest themselves right after the accident.
In some cases, a head injury may only show signs of damages after a few days, and the victim may experience delayed symptoms. Consulting with a medical professional after an accident is always the best option. It’s also important to report symptoms, even if it’s days or even weeks after an accident.
Notify Your Foreman or Employer
The employer must ensure an adequately safe workplace for all employees. It’s vital to inform an employer when an accident takes place. They can take action and initiate an investigation to uncover the cause of the accident. Your employer will need to gather details and witness accounts on how the accident occurred.
Furthermore, employers are often required to provide workers’ compensation benefits to their injured employees on the job. It’s essential to keep in mind that filing for workers’ compensation has limitations. Although each state has a varying statute of limitations, most states allow employees to file a lawsuit within two years after the accident occurs.
Make Sure Your Employer Filed the Right Report with OHSA, and in New York City, the Department of Buildings
There are two forms an employer needs to file after an accident. These are OSHA forms 300 and 301. OSHA 300 Form logs all the accidents that occurred in a workplace. On the other hand, OSHA 301 Form documents each case. Furthermore, here’s how each form functions in an accident report:
- OSHA 300 Form: This form is also known as OSHA log. An employer must document the following information in this form: date and place of the accident, nature of the case, name and occupation of the employee, and lost workdays.
- OSHA 301 Form: As mentioned above, Form 301 documents individual cases. An injured employee has a maximum of seven days to complete Form 301. The information input in this form should also reflect the details written in Form 300.
- OSHA 300-A Form: This form is also called the Summary of Work-related Injuries and Illnesses. This form serves as a summarization or a tally of all accidents reported in Form 300. Each company needs to update this form once a year to document the annual accident occurrence.
Document the Evidence
Preserve as much proof as you can after an accident. You must possess viable pieces of evidence if you encounter an accident in the workplace. Make sure to take photos of the accident scene, as well as of your injuries.
You may also want to keep a journal documenting daily activities and how the accident has disrupted them. That way, you have something to prove that the accident caused significant harm.
You can also record video footage of the aftermath of the accident. This will help describe a clearer scene of the situation for investigators. These shreds of evidence will help prove liability in your workplace accident claim.
Document All Witnesses
In most cases, finding a witness in a workplace accident is not relatively challenging compared to other personal injury cases. Most employees are willing to testify and provide witness statements in a workplace accident. Try to obtain the contact details of any person involved in the accident.
Discussing the accident details with potential witnesses may hurt your case. It’s essential to obtain their contact details if witness testimony is required later.
Keep a Journal
Keeping a journal to document everything related to the accident is vital when pursuing legal action. Your journal entries can be good evidence when the court requires you to present proof of damage. Here’s what you can include in your accident journal:
- Daily log: The primary purpose of your accident journal is to monitor signs and symptoms you might develop over time. If you are recovering from an injury, you can include how your injuries affect your life after an accident.
- Hard evidence: You can take all the photos you took during the accident and compile them in your journal. In addition, you can also include visual documentation of your injury recovery.
- Accident notes: Another piece of information you can keep in your accident journal is documentation of your meeting and appointments related to the accident. You can include who you talked to, what they talked about, the date of the meeting, and people involved in the discussion.
- Tracker: You can also write any people involved in your case in your journal. Include here your manager, supervisor, lawyer, co-worker, etc. Staying on top of your case can help ensure an efficient resolution.
Keep Copies of Everything
It’s critical to have your copy of any forms or documents necessary in your case. Suppose you are not the one who filled out the forms. In that case, you can request a copy from your employer or your lawyer. Your lawyer can help you obtain a copy of the records and other documents submitted for your case. In general, here are some documents you would like to have a copy of:
- Filled-out forms;
- Medical records and doctor’s notes;
- A claim form and accident report;
- Paycheck report from your employer and timesheets; and
- Copy of evidence.
Hire a Construction Accident Lawyer
Construction accidents are among the most dangerous. These accidents can result in even more severe injuries like mental and emotional distress, missed workdays, and hospitalization. It is vital to have a construction accident lawyer on your side to ensure justice for you.
It’s not recommended to handle a construction accident case independently. Construction accident cases are challenging for someone who does not specialize in this area of law. An experienced lawyer will help you get the settlement that reflects the degree of injuries you suffered from an accident due to negligence or carelessness by another party.
The right attorney can help ensure that you receive proper compensation for all of your losses. They can help you recover the money you lose, including medical expenses, lost wages, pain, and suffering. You may also recover other damages such as loss of enjoyment in life.
If you have been injured in a construction accident, don’t hesitate to contact an experienced lawyer today.
Construction Accident Report Templates
A construction incident report template is available on the internet. OSHA has a template form for OSHA 300, 301, and 300-A forms. Companies or the OSHA might require employers to mitigate the accident report in the company. Employers might need to do this in extreme cases involving severe or deadly hazards.
It’s also possible to inform the external bodies about the accident and hand them a copy of the accident report. Drafting an effective accident report can help employees and employers uncover the cause and establish measures to prevent workplace accidents.
Because of this, most companies utilize OSHA template forms to draft their incident reports. The OSHA 300, 301, and 300-A template forms are available on their official government website.
What Does A Workplace Accident Report Need To Include?
An effective incident report could make a huge difference. An accident report must be specific. Try to quantify measurable details in an accident report. For example, instead of saying a construction worker fell in a scaffolding. You can write a construction worker fell from 12-foot stacks of scaffolding.
The following is a guide to what should be included in a practical workplace accident report:
- Nature of the accident;
- Nature and degree of the injury (especially for serious injuries);
- Address where the accident happened;
- Date and time of the incident;
- Name/s of the affected employees or individual;
- Narrative description of the accident;
- The sequence of how the accident took place;
- Treatments recommended;
- Witness details and statements; and
- Photographs, videos, or other forms of evidence of the accident.
When Does An Accident Report Need to be Completed?
An employer can start drafting an incident report once the safety of the injured employee is ensured. In addition, an employer also needs to address the existing hazard or keep the area off-limits while a workplace accident case is in development. By doing this, they can prevent further accidents from occurring.
It’s essential to document the case as soon as possible. This could prevent tampering with evidence or producing an inaccurate report. Although completing an accident report might take days or a whole week, you can start with collecting evidence or witness statements. This could probably take you hours, but it’s a good start.
The OSHA or the company might require you to produce a detailed accident report within a specific deadline. In general, OSHA Form 301 needs to be submitted within seven days from the accident date.
Here’s How To Fill Out The Online Form Of Construction Accident Report
When you’re in an accident, it’s essential to document everything as soon as possible. This includes filling out an accident report form. You can find online accident report forms on your company’s or the OSHA website. Speak to an Attorney before you complete this information.
The online form is effortless to fill out. You need to provide your name, contact information, the date and time of the accident, and a brief description of what happened. It’s essential to include all the details when describing the accident. Here’s how you can accomplish an online accident report form:
- Obtain an editable form from the OSHA website;
- Enter your contact and identification details;
- Check out applicable choices in the checkboxes;
- Double-check all information indicated in the form;
- Utilize the e-signature function.
Our Construction Accident Attorney Can Help You With Your Construction Accident Report And Get Compensation For You
Accidents on the job site can happen to anyone, even if extreme safety measures are observed. If you suffer catastrophic injuries in the workplace, you need to speak with an experienced personal injury lawyer. Our personal injury attorney helped countless worksite workers obtain the justice they deserve.
Contact our personal injury law firm now for a free consultation. You may reach us by calling or texting (646) 217-0749. You can also submit your details via our online contact form.