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Posted by on September 1, 2021

A lawyer discussing about a construction accident in a courtroom is one thing. Seeing actual photos from the scene is a whole other ball game. At least when it comes to a jury sitting in court, that is. Most of the time, having photos related to a construction accident seems like just another piece of documentation on top of loads of other evidence. But it can’t be overlooked just how important photos can be to a worker’s labour law case. Whether the photos are taken by the injured worker themselves, by a co-worker, or by a private investigator, a photo can make all the difference in any case. 

During any inspection, the plaintiff has the right to perform many activities, including taking video, requesting property information, and talking to witnesses. Employers and property managers cannot refuse a labour inspector the right to prepare photographic documentation in relation to a construction accident. In addition, the plaintiff also has a right to the following:

  • Access to the area where the accident transpired.
  • Conducting visual inspections of facilities, rooms, workstations, machines, and devices.
  • Request the submission of personal files and any documents related to the performance of work.
  • Checking the identity of persons performing work or staying on the grounds of the workplace, questioning them, and requesting statements on the legality of employment 
  • Using the help of experts and specialists as well as accredited laboratories.

In addition to photographs, investigators include the markers or indicators posted by construction workers or the lack of them. They are also keen to include weather conditions and time of day. All of this can be important information that can help determine liability between various parties.

Most investigative work is taken care of by professionals, usually hired by your attorneys. Nonetheless, it cannot be underestimated how much footage and photographs from the day of the accident are important. Investigators come late to the scene. Much of the evidence that is crucial may already be gone. A photograph taken immediately after an accident can sometimes make or break a case. Experienced labour law attorneys will know how to manage whatever evidence comes their way, but it doesn’t hurt to offer yourself a helping hand. So, when taking a picture for yourself or a fellow injured worker, remember the following: 

  • Include the mechanism that caused your injury.
  • A panoramic view of the entire scene.
  • Poor lighting, lack of safety notices, or other items showing negligence.
  • Documentation of injuries.
  • Photos should be taken from various angles so that your legal team is fully aware of the situation that contributed to your losses.

 

Posted in: Law