Construction sites are akin to a machine with dozens of moving parts, and when one of those parts fails, serious accidents can happen. According to the U.S. Bureau of Labor Statistics, almost one in five workplace deaths happened in the construction industry in 2021, and the industry accounted for more than 46% of fatal slips, trips, and falls in the same year.
If you’ve been hurt on a construction site, you could use the help of a New York construction accident lawyer. It’s easy to make mistakes that could harm your workers’ compensation claim, but a good law firm can help you avoid many of those pitfalls. Here’s what you need to know from a New York City construction accident lawyer.
Not Reporting the Accident
This is one of the biggest mistakes you can make following a construction accident. Not making a report means there’s no record of the incident, which means workers’ compensation will probably deny your claim. And if you decide to report the accident days after it happened, your employer could try to say that you injured yourself somewhere other than at work.
In New York State, you have 30 days from the date of the injury to make a report with your employer. If you don’t do this in time, you could lose your right to workers’ comp benefits. Ideally, report the incident to your boss as soon as it happens.
Once you’ve made a report, your employer has 10 days to notify their insurance company if either of these are true:
- You required medical treatment beyond first aid
- You’ve lost at least one day of work because of the injury (not including the day on which the injury happened)
Deciding Not To See a Doctor
Construction workers have a bit of a reputation for being “tough guys” who think they don’t need a doctor unless they’re on death’s doorstep. If you feel the same way, know that failing to see a doctor could be enough to sink your workers’ comp claim.
To protect your claim, see a doctor as soon as possible after the accident. You must see a Workers’ Compensation Board-approved doctor, except for emergency treatment. When going to your appointment, tell the doctor you have a work-related injury and give them the name of your employer.
If the doctor or hospital gives you a bill, don’t pay it. Once workers’ comp approves you, it will cover your medical expenses retroactively.
You’ll also need to carefully follow your doctor’s treatment plan and continue seeing them every 45 days to stay on benefits.
Failing To File for Workers’ Compensation
Workers’ compensation benefits don’t automatically start rolling in as soon as you have a construction accident. To claim them, you’ll have to file Form C-3 with the Workers’ Compensation Board.
The fastest way to file is online. Before filing a claim online, gather the following information:
- The name and address of your employer, plus any other employers you worked for at the time of the accident
- The name and address of the doctor and/or hospital that provided your initial treatment
- Your average gross wages (before taxes) per pay period
It’s important to know that some employers might try to talk you out of making a claim. That’s because when you do, their insurance premiums go up. To avoid this, they might offer you a lump-sum amount that seems generous initially, but it likely won’t be enough to cover all your medical bills and lost wages.
Some employers might also say you’re not injured enough to need workers’ comp. Others may even threaten to fire you if you make a claim.
These are lies. It’s not up to your employer to decide whether you qualify for benefits, and it’s against the law for employers to retaliate against you for making a claim. If your boss tries a trick like this, reach out to a New York construction accident lawyer.
Giving Too Much Information to the Insurance Company
If the insurance company calls you (and it likely will), it’s a good idea to stay as tight-lipped as possible. The insurance adjuster may seem friendly, but remember that you do not need to answer their questions no matter how nice they act.
Insurance adjusters will often fish for information they can use against you. For instance, they might ask about past injuries. If you admit you were hurt years ago, the adjuster could try to say your injury wasn’t work-related.
If an insurance adjuster asks you for a written or recorded statement, refuse to give one. Do not tell the insurance company anything without talking to a lawyer first.
Not Realizing You May Be Able To Sue a Third Party
If you’re hurt at work, and your employer offers workers’ comp benefits, you cannot sue them for your injuries. This is true even if they violated Occupational Safety and Health Administration (OSHA) rules. Workers’ comp is a no-fault system, which means it pays benefits regardless of who caused the accident.
However, many workers don’t realize they might also be able to hold a third party liable for their injuries. For instance, general contractors must supply safe equipment to construction workers. If a contractor knowingly gave you faulty equipment, you could sue for damages. Other parties you may be able to sue include delivery drivers, property owners, and product manufacturers.
Note that you can’t “double dip” with workers’ comp benefits and a lawsuit. That means if you sue a third party and win, workers’ comp would likely require you to repay benefits out of your damages award. However, if your award includes punitive damages, you would be allowed to keep that amount.
Saying the Wrong Thing on Social Media
It’s common to want to share details of your life on social media, but doing so can be a huge mistake in your case. If you say the wrong thing, you could end up without workers’ comp benefits or a settlement.
For instance, assume someone tells the insurance company they’re too hurt to work. Days later, they post pictures of themselves on vacation at the beach. The insurance company could argue that the person isn’t as injured as they claimed and, in turn, deny their claim.
Accepting a Settlement Without Talking to a Construction Accident Attorney in New York City
If your doctor thinks you won’t recover further (called maximum medical improvement), but you’re still unable to do your job, the insurance company might offer you a disability settlement. Many gladly accept the first settlement offered because they think that must be what their case is worth. They have no idea it’s possible to fight for more.
Once you’ve accepted a settlement, you can’t return to the insurance company and ask for more money later. This is why it’s critical to speak with an attorney before signing any settlement agreement. If the offer is low, your lawyer can negotiate a higher amount.
Contact Us If You Need Help With Your Workers’ Comp Claim
Despite all the safety advancements made in the construction industry to mitigate falls and common causes of scaffolding collapse, accidents happen every day. If you’ve been hurt at work, and workers’ comp has denied you or you need help filing a claim, reach out to William Schwitzer & Associates, P.C. Our law firm is highly experienced in representing construction accident victims in NYC.
For a free consultation with a New York construction accident lawyer, call us at (212) 683-3800.
