Working on a construction site in New York City puts you at risk of injury each day. Yet you still expect your employer to take reasonable measures to keep you and other workers safe and prevent accidents.
If you’ve suffered a construction accident, taking the right steps can help you increase your compensation and begin moving forward. Our construction accident lawyer in Queens, NY, shares what steps you should take after an accident on a construction site.
Five Steps To Take After a Construction Accident
In the wake of your accident, there are a few important general things you can do to help kickstart the process in the right direction:
- Adequately document the accident to streamline your compensation process
- Support your physical recovery so that you can start moving forward with your life
- Build a compensation case that could allow you to increase your payout compared to a traditional workers’ comp claim
Below is a more detailed breakdown of the steps you should take after a construction accident.
1. Document the Scene As Well As You Can
Immediately after the accident, do what you can to document the accident scene. This may require you to ask a bystander to take photos of the construction site hazards that contributed to your accident. If you feel well enough, you can take photos and videos yourself.
Documenting the scene now gives you access to valuable evidence that will disappear after you leave. While post-accident documentation can also support your case, having photos of the accident scene establishes a clear link between the accident and your injuries.
2. Report the Construction Accident to Your Supervisor
Before you leave the scene, report the accident to your supervisor, if possible. Doing so can prompt them to create an accident report, document the scene, and take other measures that will streamline your claim.
Employers are obligated to report accidents to their workers’ compensation insurance companies within 10 days of when they learn of the incident. Telling your employer about the accident now helps get the ball rolling. It also forces your employer to see exactly what hazard caused your accident, preventing them from denying it down the line.
3. Seek Medical Attention
Seeking medical attention is of the utmost importance after a construction accident. While construction fatalities have gone down in recent years, construction injuries have gone up, with almost 700 construction injuries occurring in NYC in 2023 alone. Chances are, you experienced an injury during your accident that requires immediate attention.
Even if you feel okay after the accident, seek a medical evaluation to ensure that you are not overlooking any potentially serious injuries. This also provides you with documentation that you can use as part of your claim.
4. Keep Records of All Symptoms and Medical Treatments
Keeping accurate, comprehensive records after your construction accident can also help support your compensation process. Request a copy of all medical records related to your injuries.
You may also want to begin recording your symptoms and pain levels in a journal each day. All of this can help you prove the impact the accident had on your life, supporting a higher compensation amount.
5. Talk to an Attorney About Filing for Compensation
If your accident involved job site safety violations, you may be able to hold your employer directly liable for your accident, potentially increasing your compensation. But filing for workers’ compensation is essentially agreeing not to hold them liable.
Instead, before you file for workers’ comp, consult a construction accident attorney about your next steps. They can evaluate the details of your accident to determine whether your employer may be liable. If so, you can file a claim through your employer’s liability insurance or sue them directly instead of accepting workers’ compensation and keeping quiet.
In some cases, you may have the right to file for workers’ comp and hold a third party liable for your accident — for instance, if an equipment malfunction led to your accident, you could hold the manufacturer liable. This is why you should explore all of your options with an attorney before accepting any compensation.
What You Shouldn’t Do After a Construction Accident
While there are a few crucial steps to take as part of workplace injury protocol, you should also understand what steps not to take after a construction accident:
- Don’t agree to handle it “under the table.” Your employer may offer to pay for your medical treatments out of pocket instead of going through insurance. Don’t, as this could prevent you from gaining adequate compensation.
- Don’t file for workers’ comp without consulting an attorney. Your attorney can advise you on whether a liability claim or lawsuit makes more sense for your case.
- Don’t share the details of the accident online. Anything you say about the accident could be used against you, so keep all discussion to a minimum.
- Don’t sign any papers about how the accident occurred. Don’t sign any papers created by your employer or anyone at the construction site with their description of how the accident occurred.
Consult a Queens Construction Accident Lawyer Today
Need help choosing the right personal injury lawyer after your construction accident? At Elliot Ifraimoff & Associates, PC, we represent construction accident victims across New York City.
We can help you navigate the injury claim procedure and maximize your compensation. Contact us today to learn more about the steps to take after a construction accident and schedule your free consultation.
Frequently Asked Questions
How common are construction fatalities in New York City?
About 20 construction fatalities happen in New York City each year. All these deaths are preventable when employers follow adequate safety compliance in construction. Hold your employer accountable with the help of our construction accident attorneys.
When should you call OSHA after an accident?
Your employer should automatically call OSHA after an accident if you require hospitalization. You can also report the accident to OSHA directly if it involves an OSHA violation.
What is the number one cause of death in the construction industry?
The number one cause of death in the construction industry is falling from heights. Taking the proper safety measures and following a strategic industrial accident response procedure can help reduce this rate.