The Ten Commandments for the One Who Is Being Investigated in Work Accidents
Aug 17, 2020
By: Asher Asban – Engineering Consultant, Accident Investigator, and Safety Expert
1. Run to a lawyer and a safety expert before running to the investigation roomMake sure that from the very first second of the incident, you are accompanied by an experienced safety expert or accident investigator who will manage the event from a professional perspective and guide the lawyer in handling the legal aspects.
2. Clarify whether you are being questioned as a witness or as a suspect.
3. Do not panic.
4. Demand a lawyer during the investigation.
5. Prepare in advance for the investigationDuring a criminal investigation related to a construction site accident, you will be confronted with various documents. Never arrive for questioning without the necessary forms—these should be provided according to the instructions of the accident investigator or safety expert.
6. “Silence is golden” – not always!The issue of remaining silent during an investigation is complex and depends on the specific circumstances of each case.
7. Do not sign any statements “automatically.”
8. If you do not remember, do not make commitments.
9. In police or Ministry of Labor and Social Affairs investigations, nothing is “off the record.”When an accident occurs on a construction site and a Ministry of Labor and Social Affairs inspector and/or police arrive, know that the investigation begins from that moment.
10. Follow-up and handlingIt is recommended to hire a safety expert to prepare a “Safety Expert and Accident Investigator Report.” This report will assist the lawyer in handling the case and can encourage the prosecution to make decisions favorable to the contractor.
By: Asher Asban – Engineering Consultant, Accident Investigator and Safety Expert.
1. Run to a lawyer and a safety expert, before you run to the interrogation room
Make sure that from the very first second of the event you will be accompanied by a safety expert or an experienced and professional accident investigator who will manage the event from a professional perspective and guide the lawyer in managing the legal chapter.
2. Determine whether you are being questioned as a witness or a suspect.
3. Don't panic.
4. A lawyer is required during the investigation.
5. Prepare for the investigation in advance
As part of a criminal investigation into a work accident at a construction site, you will be confronted with various documents. Never arrive at the investigation without the necessary forms – as instructed by the accident investigator/safety expert.
6. A caveat to wisdom is silence - not always!
The issue of silence during an investigation is complex and depends on the individual circumstances of each case.
7. Don't sign a notice "on autopilot"
8. If you don't remember about the pledge
9. In the police/Ministry of Labor and Social Affairs investigation, there is nothing that is "off the record."
When an accident occurs at a construction site and an inspector from the Ministry of Labor and Social Affairs and/or police arrive on the scene, know that from that moment the investigation begins!
10. Follow-up and treatment
It is recommended to hire a safety expert to prepare a "safety expert and accident investigator opinion." This opinion will assist the lawyer in handling the case and "encourage" the prosecutor's office to make decisions favorable to the contractor.
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