Steps to Take After a Construction Site Injury in NYC
Steps to Take After a Construction Site Injury in NYC
New York City’s skyline is built by the hands of hardworking construction workers, but with such a demanding industry comes an increased risk of serious injuries.
Whether you’re working on a high-rise, road project, or small-scale renovation, accidents can happen in an instant – often leaving workers with devastating consequences. If you have been injured on a construction site, knowing the right steps to take can protect your health, legal rights, and financial future.
At Hill & Moin, we are skilled at helping injured construction workers get the compensation they deserve. Here’s a step-by-step guide on what to do after a construction site accident in NYC.
1. Seek Immediate Medical Attention
If you are injured on a construction site, call 911 and request medical assistance. Your health and safety should always come first.
Even if your injuries seem minor, seeking immediate medical attention is essential. Some injuries, such as concussions or internal bleeding, may not present symptoms right away but could become serious over time.
Medical treatment matters because it:
- Ensures you receive the necessary care to prevent complications
- Creates a medical record that links your injuries to the accident
- Provides documentation to support workers’ compensation or personal injury claims
2. Report the Injury to Your New York Construction Site Employer or Supervisor
New York law requires that workplace injuries be reported as soon as possible. Failing to report an injury in a timely manner may jeopardize your ability to file a workers’ compensation claim.
How to report a construction site injury:
- Notify your supervisor, site manager, or employer as soon as possible
- Provide written documentation, such as an incident report, detailing how the accident occurred
- Keep a copy for your records
If your employer fails to document your report, send a written notice via email or certified mail to create a paper trail.
3. Gather Evidence From the Accident Scene
If you are physically able, collecting evidence from the scene of the accident can strengthen your case.
Key evidence to collect:
- Photos and videos: Capture images of the hazardous conditions that led to your injury. This can include unsafe scaffolding, defective equipment, or a lack of safety measures.
- Witness information: Get the names and contact information of coworkers or bystanders who witnessed the accident.
- Equipment and safety violations: Note any lack of safety gear, malfunctioning machinery, or failure to follow Occupational Safety and Health Administration (OSHA) guidelines. Fall protection in construction is the most violated safety standard by OSHA.
- Site conditions: Note any missing warning signs, unstable structures, or unsafe working conditions.
If you are too injured to gather evidence, ask a trusted coworker or family member to do so on your behalf.
4. File a Workers’ Compensation Claim
In New York, most construction workers are entitled to workers’ compensation benefits if they are injured on the job. This provides coverage of medical expenses and lost wages regardless of who was at fault.
How do you file workers’ comp? You must file a Workers’ Compensation Employee Claim (Form C-3) with the New York Workers’ Compensation Board. This can be done online or by mail.
You have a limited period of time from the date of injury to file, but it is recommended that you file as soon as possible.
5. Avoid Speaking to Insurance Adjusters Without Legal Counsel
Insurance companies often try to minimize payouts or deny personal injury claims altogether. Be cautious when speaking with adjusters, and never accept a settlement offer without consulting an experienced construction accident attorney.
Some key things to avoid:
- Giving recorded statements without legal guidance
- Accepting a quick settlement before knowing the full extent of your injuries
- Signing documents or waivers without understanding your rights
Your personal injury lawyer can handle all communications with the insurance company to ensure you aren’t pressured into accepting a low settlement offer.
6. Determine If You Have a Third-Party Personal Injury Lawsuit
While workers’ comp covers medical bills and a portion of lost wages, it does not usually cover other damages, such as pain and suffering. However, you may be eligible to file a personal injury lawsuit against a third party if negligence is involved.
Liable parties in construction accidents may include:
- General contractors and subcontractors: If they failed to follow safety regulations
- Property owners: If hazardous conditions on the site contributed to the injury
- Equipment manufacturers: If defective machinery or tools caused the accident
- Other companies: If another subcontractor’s negligence led to your injury
Labor laws 240 and 241 in New York protect construction workers, especially in cases involving falling from heights, scaffolding accidents, or unsafe conditions. A personal injury lawyer can assess whether you qualify for a lawsuit based on negligence.
7. Keep Medical Records and Follow Your Treatment Plan
Insurance companies and defense attorneys may try to downplay your injuries or argue that they were not caused by the construction accident. In this case, keeping detailed medical records is imperative to proving your claim.
It is recommended to:
- Attend all follow-up appointments and follow your doctor’s advice
- Keep copies of medical reports, test results, and treatment plans
- Track out-of-pocket expenses for prescriptions, physical therapy, and medical devices.
Failing to follow medical advice can weaken your case and give insurance companies a reason to deny or reduce your compensation.
8. Hire an Experienced New York City Construction Accident Lawyer
Navigating a construction accident claim in NYC can be challenging, especially if you are dealing with medical recovery and financial stress. Hiring a skilled construction accident lawyer can make all the difference in the outcome of your case.
A personal injury lawyer can help you:
- Understand New York’s compensation laws: New York has some of the strictest worker protection laws in the country. A skilled construction accident lawyer will understand these regulations and how to use them to your advantage.
- Investigate and gather evidence: Proving liability in a construction accident case requires strong evidence. Your lawyer will conduct a thorough investigation and gather evidence such as surveillance footage, witness statements, and expert testimony.
- Maximize your compensation: Many workers mistakenly believe that workers’ compensation is their only option for financial recovery. Your lawyer will explore all possible sources of compensation, including personal injury lawsuits and third-party claims.
- Avoid employer retaliation: Some workers fear that filing a claim could result in retaliation from their employers. However, NY law protects workers from being fired or discriminated against for seeking compensation. Your personal injury lawyer will protect your rights and take legal action if your employer tries to retaliate against you.
Most NYC construction accident lawyers work on a contingency fee basis, meaning you don’t pay anything unless you win your case. This allows injured workers to get top-tier legal representation without worrying about upfront legal fees.
Protecting Your Rights After a NYC Construction Accident
Suffering an injury on a construction site can be overwhelming. Taking the right steps immediately afterward can make a significant difference in your recovery and legal options.
The legal team at Hill & Moin understands the complexities of New York’s construction accident laws. We are committed to helping injured workers secure the compensation they deserve.
With our law firm on your side, it’s like “having a lawyer in the family.” We don’t just handle cases – we support people through some of their most challenging times.
If you or a loved one has been injured on a construction site, don’t wait. Contact Hill & Moin today for a free consultation, and let’s explore your Personal Injury Recovery SolutionsⓇ together.
Don’t wonder about your rights!