When you’ve been injured on a construction site, the path to recovery involves more than just healing physically; it requires navigating a complex legal system that can seem overwhelming. Many construction workers make critical errors that significantly reduce their chances of seeking fair compensation.
A New York construction accident lawyer can be your strong advocate during this challenging time. At Elliot Ifraimoff & Associates, PC, we’ve seen firsthand how these mistakes can derail otherwise valid claims. In this guide, we’ll explore the common pitfalls to avoid when working with a New York construction accident law firm.
1. Delaying Medical Treatment
Delaying medical care after a construction accident can severely damage your claim. Minor injuries often worsen over time, especially those affecting your spine, head, or internal organs.
Insurance companies look for gaps in medical treatment to deny claims, arguing that your injuries aren’t work-related or were worsened by an unrelated accident. Prompt medical attention protects your health and establishes a clear link between the accident and your injuries.
The consequences of delaying treatment include:
- Weakening the link between your accident and injuries, giving insurance companies ammunition to deny your claim
- Potentially worsening your condition, leading to longer recovery times and more extensive medical treatment
- Reducing your potential compensation by allowing arguments that you contributed to your own injuries by not seeking timely care
2. Missing Proper Documentation
According to the Bureau of Labor Statistics, nearly one in five workplace deaths occurred in the construction industry in 2022. Building sites throughout New York City’s five boroughs are bustling environments where evidence disappears quickly. Your documentation helps establish which parties bear responsibility for your injuries and strengthens your position during settlement negotiations.
Take photographs of the accident scene from multiple angles, capturing any unsafe conditions, equipment failures, or OSHA violations. Collect contact information from coworkers or bystanders who witnessed the incident, as their accounts can provide crucial support for your version of events. Your New York construction accident lawyer will help you collect additional evidence later on, such as camera footage and professional testimonies.
The chaotic nature of construction in densely populated areas like Manhattan and Brooklyn means multiple contractors and subcontractors may be involved, creating questions about liability. This makes robust evidence crucial for your claim.
3. Failing To Report the Injury
Many construction workers hesitate to report injuries, fearing retaliation or job loss. This fear, while understandable, can severely undermine your legal rights and financial recovery.
New York labor laws protect workers who report legitimate workplace injuries, making it illegal for employers to take adverse action against you for filing a claim. By promptly reporting your accident, you create an official record that becomes vital evidence in your case.
Construction accident lawyers in Queens, NY, recommend reporting any workplace injury to your supervisor in writing and keeping a copy for your records. This documentation establishes the timeline of events and prevents your employer from later claiming that they weren’t notified promptly.
4. Missing Workers’ Compensation Deadlines
Workers’ compensation provides vital benefits for injured construction workers, covering medical costs and missed wages (partially) regardless of fault. If you fail to meet the workers’ compensation filing deadlines, you may be barred from seeking benefits.
Here are the important steps to follow when filing for workers’ compensation:
- Report your injury to your employer within 30 days (preferably immediately).
- Seek medical attention from an authorized workers’ compensation medical provider.
- File your claim with the Workers’ Compensation Board within two years.
- Attend all medical appointments and follow your treatment plan carefully.
- Keep detailed records of all communications regarding your claim.
Workers’ compensation benefits provide crucial financial support during your recovery period, but many construction workers don’t realize these benefits can be supplemented by third-party lawsuits against negligent contractors, property owners, or equipment manufacturers when appropriate. A New York construction accident lawyer can guide you through workers’ compensation and third-party claims effectively.
5. Speaking to Insurance Adjusters Without Representation
Insurance adjusters representing construction companies often contact injured workers shortly after accidents, requesting recorded statements or offering quick settlements. These seemingly helpful gestures are strategic tactics designed to minimize your compensation.
According to the Bureau of Labor Statistics, the construction industry experienced 1,075 fatal work injuries in 2023, with a fatal injury rate of 9.6 per 100,000 full-time equivalent workers. The extreme construction environment in New York means insurers are particularly aggressive in defending claims related to construction deaths and serious injuries. Their primary goal is protecting their bottom line, not ensuring your complete recovery.
Having legal counsel present during all communications with insurance representatives ensures your rights remain protected. A construction accident attorney in Queens can prevent you from making statements that might be twisted or taken out of context to reduce your settlement. This is particularly important given that CDC data shows the construction industry reported 144,480 cases of workers missing days away from work due to nonfatal injuries or illnesses in 2021 and 2022.
6. Accepting a Settlement Without Legal Help From a Construction Accident Attorney in Queens
When medical bills mount and income diminishes, the temptation to accept a quick settlement can be overwhelming. Construction companies and their insurers often extend early offers precisely when financial pressure is highest.
These initial settlements rarely account for long-term medical needs, diminished earning capacity, or non-economic damages like pain and suffering. The high cost of living in New York City makes adequate compensation particularly important for maintaining your quality of life during recovery.
New York construction accident lawyers evaluate settlements comprehensively, considering future medical requirements and potential complications. Remember that once you accept a settlement, you typically forfeit the right to seek additional compensation, even if your condition worsens unexpectedly.
Consult a Construction Accident Lawyer in Queens, NY, Today
New York construction accident lawyers understand the physical, emotional, and financial toll that these injuries take on workers and their families. Our team at Elliot Ifraimoff & Associates has successfully represented countless clients throughout the five boroughs.
Construction accident cases in New York require knowledge of workers’ compensation and personal injury law. We guide our clients through every step of the process, from initial claim filing to settlement negotiations or trial if necessary. Now, learn what to do after a construction accident to protect your rights from the beginning.
If you’ve been injured on a building site in Queens, contact a New York construction accident lawyer from Elliot Ifraimoff & Associates, PC, today at (718) 205-1010 to schedule a consultation for your case.
FAQs Answered by a New York Construction Accident Law Firm
Here are answers to common questions about construction accident claims in New York.
What Is the Deadline for Filing a Construction Accident Claim in New York?
For personal injury lawsuits, you generally have three years from the date of the accident, but workers’ compensation claims must be reported to your employer within 30 days and filed with the Workers’ Compensation Board within two years. Accidents involving government entities require stricter deadlines.
What Types of Compensation Can I Recover?
You may seek compensation for medical expenses, lost wages, diminished earning capacity, pain and suffering, and in cases of extreme negligence, punitive damages.
Do I Need a New York Construction Accident Lawyer To File for Workers’ Compensation?
You do not need legal representation to file your workers’ compensation claim but it can be helpful. Workers’ comp typically covers only a portion of lost wages and medical expenses, while a personal injury claim may provide additional compensation. An attorney can help you evaluate settlement options, gather evidence, and fight for your rights.