Falling debris is a common hazard on commercial roofing projects, posing significant risks to workers. If you’ve been injured by falling debris, gathering the right evidence is essential to proving your claim and securing workers’ compensation or pursuing other legal remedies. Here’s a guide to the critical evidence you’ll need and how it can strengthen your case.
Documenting the Incident
Thorough documentation of the incident is the foundation of any successful claim. Consider the following steps to ensure you have a solid record of what happened:
Incident Report
- Immediately report the injury to your supervisor and ensure an official incident report is filed.
- Include details such as the date, time, and location of the accident.
- Note the specific type of debris that caused the injury and where it fell from.
Photos and Videos
- Take photos or videos of the accident scene, including the debris and surrounding area.
- Capture any visible injuries as soon as possible after the incident.
Witness Statements
- Collect contact information and statements from coworkers or others who witnessed the incident.
- Witness accounts can corroborate your version of events and provide additional details.
Medical Evidence
Seeking medical attention promptly after the injury not only protects your health but also provides crucial documentation for your claim. Medical evidence may include:
Medical Records
- Obtain records from the doctor or hospital detailing your injuries, treatments, and prognosis.
- Ensure the records note that the injury resulted from a workplace incident.
Expert Opinions
- In some cases, a medical expert may need to provide a statement or testify about the severity of your injuries and the long-term impact on your health and ability to work.
Bills and Expenses
- Keep detailed records of all medical expenses, including hospital visits, medications, therapy, and any out-of-pocket costs.
Proof of Safety Violations
Demonstrating that your employer or another party failed to adhere to safety regulations can strengthen your claim. Evidence of safety violations may include:
OSHA Reports
- Request records of any Occupational Safety and Health Administration (OSHA) violations related to the roofing project.
- Evidence of prior violations or inspections noting unsafe conditions can be valuable.
Safety Equipment Records
- Verify whether proper safety equipment, such as helmets or debris nets, was provided and used on the site.
- Note if equipment was faulty or insufficient to protect workers.
Site Conditions
- Document hazardous conditions on the job site, such as unsecured tools, improperly stacked materials, or lack of barriers to prevent debris from falling.
Employment Records
Your employment records can help establish your role on the project and your eligibility for workers’ compensation. Relevant records may include:
- Pay stubs or employment contracts to prove your position and hours worked.
- Training records to show whether you were adequately prepared for the tasks you were assigned.
Consulting an Attorney for Assistance
Proving a falling debris injury can be challenging, especially if the employer or their insurance company disputes your claim. Consulting with an experienced attorney can help you:
- Identify the specific evidence needed to build your case.
- Handle communications with insurance companies and employers.
- Advocate for your right to compensation for medical expenses, lost wages, and pain and suffering.
Get the Representation You Deserve
If you’ve been injured by falling debris on a commercial roofing project, don’t navigate the legal process alone. Contact PLBH at (800) 435-7542 for expert legal assistance. Our team will ensure your rights are protected and fight for the compensation you deserve.