Being a construction worker implies working in one of the most dangerous industries in Ohio. According to the U.S. Bureau of Labor Statistics, there were 164 fatal workplace injuries recorded in 2023, the second biggest industry being construction, with 32 deaths.
Working with a Columbus construction accident lawyer can help you understand whether you may have a claim against a negligent third-party after a serious construction accident. At The Fitch Law Firm, we handle only third-party personal injury claims—claims brought against parties other than your employer, such as contractors, subcontractors, property owners, drivers, equipment manufacturers, or other responsible parties.
Why Preserving Evidence After a Construction Accident Matters?
Right after getting seriously injured at a construction site, it is vital to collect evidence to build a personal injury claim. Moreover, when there is not enough evidence, it can become challenging to get fair compensation and prove liability.
Preserving evidence not only makes your personal injury claim stronger, but it also helps:
- Prove causation
- Demonstrate negligence
- Create a timeline of events
- Show any safety violation that might be present in the workplace
What Evidence Should You Preserve After a Construction Accident?
In case you are the subject of a construction accident, take into consideration:
- Taking Photographs and Video of the scene – Pictures of the injury, the accident victim, the source of injury and the complete scene are vital since they help create a timeline of the events and demonstrate unsafe work conditions.
- Saving the Accident or Incident Report – It’s important to report the accident to your employer immediately after it happens. It creates a permanent, factual record that protects your legal rights as a construction worker and makes it easier to document when, where and how the accident happened.
- Getting Witness Names and Statements – Gathering the names of the witnesses along with written statements or recorded interviews from anyone who saw the accident can become valuable evidence. At the same time, the witnesses’ testimonies can strengthen your case and highlight negligence.
- Preserving Medical Records and Documentation – Keeping copies of medical records, bills and follow-up instructions helps document the injuries connected to the accident and any long-term effects they may cause.
- Keeping Physical Evidence – Preserve any items connected to the accident, including damaged equipment, personal protective equipment (PPE), tools, materials, defective parts, or other objects involved in the incident. These items can help show what went wrong, identify unsafe conditions, and support claims involving negligence, defective equipment or inadequate safety practice.
Steps to take immediately after a construction accident?
After a serious construction accident, your first priority should be getting medical attention. Once you are safe, take the following steps to help protect your claim:
- Seek treatment and keep all medical records
- Report the accident to your employer and, if possible, request a copy of the incident report
- Document the scene with photos or video before conditions change
- Collect the names and contact information of any witnesses who saw what happened.
These early steps can help confirm when, where, and how the accident occurred while preserving important evidence before it is lost or altered. At the same time, it helps establish who may be legally responsible and connect the injury to unsafe workplace conditions and support allegations of negligence.
Common mistakes that can weaken a construction accident case
- Not Filing an Incident Report – Even if the accident does not seem serious at first, delayed symptoms or long-term complications may develop later. Without an incident report, it can be harder to prove when, where, and how the accident happened, which may weaken your claim.
- Failing to Gather Evidence – Without enough evidence to show what happened and who may be responsible, the defense may argue that the injured worker shares blame or that the accident was caused by something unrelated to unsafe conditions. Missing documentation can also make it harder to prove the full extent of medical expenses, and other damage, which may reduce the compensation available.
- Settling without a lawyer – Accepting early settlements such as quick cash offers, often does not fully cover medical care or other types of long-term issues. Getting a construction accident lawyer will help you maximize your compensation chances.
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How Can a Construction Accident Lawyer Help Protect Your Case?
A construction accident lawyer from The Fitch Law Firm, can help you and your case by:
- Maximizing your compensation for damages
- Analyzing your evidence
- Handling negotiations with insurance companies
- Understanding if you need to file a worker’s compensation claim or a third-party personal injury claim*
Third-party personal injury claim: A third-party claim is a claim made against a person or entity other than the injured party’s employer that contributed to or caused the accident. Equipment and machinery malfunctions, as well as car crashes, are examples of situations in which a third party may be at fault.
Frequently Asked Questions
Can I still file a claim if I didn’t collect evidence at the scene?
Yes. You may still be able to file a claim even if you did not collect evidence at the scene. While photographs and scene documentation are helpful, other records, such as medical records, employer incident reports, and witness statements, can also help support your case and show what happened and when and how the accident unfold.
What is spoliation of evidence and why does it matter?
Spoliation of evidence means evidence is destroyed, changed, or not saved when it may be needed for a legal claim. In a construction accident case, this can include lost photos, missing incident reports, repaired equipment, or discarded materials that could help show what happened.
How long do I have to file a construction accident claim in Ohio?
In Ohio, according to the statute of limitations, for personal injury claims, accident victims have two years from the injury date to file a claim.
Do I need a lawyer to preserve evidence after a construction accident?
Yes. In order to prevent spoliation of evidence, an attorney can send preservation letters and ensure that important evidence, such as photographs, videos, equipment, safety records, and inspection reports, is preserved. Acting quickly can help prevent critical evidence from being lost, altered, or destroyed.
Discuss Your Options with Our Ohio Construction Accident Attorneys
With help from an Ohio construction accident lawyer, you can better understand your legal options and take steps to protect your rights after a serious jobsite injury. Contact our law firm, The Fitch Law Firm, we do not charge any upfront costs and offer a free initial case consultation.
Our founder, John Fitch, has helped accident victims protect their legal rights for more than 30 years, helping them navigate the complexities of their case. Call us today at (614) 412-8930 to get started.