Were you hurt on a construction site? You’re not alone. Whether you’re planning to collect workers’ compensation or file a personal injury claim, it’s smart to know how to document the incident for your construction accident lawyer. Here’s what to know from an NYC construction accident attorney.
Must-Have Documentation for Your Construction Accident
In 2022, New York City reported a total of 540 construction accidents, including 554 injuries and 11 fatalities. The vast majority of accidents (71.4%) happened because of falls to a lower level. However, that doesn’t mean every such case is cut and dry.
For the strongest chances of pursuing fair compensation, you should begin collecting documentation as soon as you’re injured. Here’s a list of what to do:
- Report the Accident: After your accident, report the incident to your supervisor as soon as you can. You must do this within 30 days; if you don’t, you won’t be able to collect workers’ compensation. Note the date and time of the accident and the extent of your injuries. Be as thorough as possible when explaining what happened. Ask your supervisor for a copy of the report and keep it for your records. Your lawyer will use the report to start building your case.
- Document the Accident Scene: Documenting the accident scene is incredibly important if you want to file a third-party liability claim. Your lawyer can use the documentation you collect to prove that a third party acted negligently. Take plenty of pictures of the scene and anything you think may have contributed to the accident, such as a faulty ladder, poorly maintained equipment, lack of warning signs, an improperly constructed trench, etc.
- Record OSHA Violations: Many accidents on construction sites are due to OSHA violations. You may report such violations to OSHA without impacting your ability to claim workers’ compensation benefits. If OSHA finds that your employer violated safety regulations, your workers’ compensation benefit amount may increase. The most common violations in 2023 included lack of fall protection (7,188 violations), poor hazard communications (3,227 violations), ladder violations (2,950 violations), and scaffolding violations (2,835 violations).
- Talk to Witnesses: Because construction sites are almost always bustling with activity, at least a few people likely witnessed your accident. Talk to each witness you can find, write down their statements, and collect their phone numbers so your construction accident lawyer can speak with them later.
- Seek Medical Attention: If you’re seriously hurt after your construction accident, don’t be afraid to go to the hospital. Workers’ compensation will pay for your medical bills even if you don’t have health insurance. If you’re not seriously hurt, seeing a doctor soon after the accident is still smart. Your injuries could be worse than you originally thought, and you may not present with symptoms until days later. Seeing a doctor is also a must if you want workers’ compensation. The New York Workers’ Compensation Board will look at your treatment records to determine how much in benefits you can claim and for how long.
- Keep an Injury Journal: An injury journal is a place for you to write about how your accident has impacted your life. You might write about your pain levels, what your injury prevents you from doing, and how you feel from one day to the next.
- Track Your Lost Wages: Construction accidents are often serious, and victims may need to take weeks, months, or longer off work while recovering. To track lost wages, start by gathering copies of your pay stubs from before and after the accident. Document the number of days of work missed because of your injury, and ask your employer to make a statement regarding how your injury has affected your ability to work.
Keeping track of all this documentation by yourself can be overwhelming. Hiring a construction accident lawyer is wise because they can collect and organize documentation for you. This gives you one less thing to worry about when recovering from your injuries.
Your Options for Compensation
Your two main options for compensation after a construction accident are workers’ compensation or a third-party claim.
If you were injured because of your employer’s or your own negligence, you’ll need to file a workers’ compensation claim. You can’t sue your employer if they offer you workers’ compensation. The upside is that it doesn’t matter who caused the accident. As long as it happened at work, you can claim benefits.
You may wish to pursue litigation if the accident happened because of a third party’s negligence. A personal injury settlement could be much higher than workers’ compensation benefits. However, you’ll need to prove that the third party was negligent, and there’s always a risk of your case losing.
Potential third parties to hold liable for your accident include:
- Property owners
- Project managers
- Equipment manufacturers
- Contractors
- Engineers
Why Hire a Construction Accident Lawyer in NYC?
If you plan to file a claim for workers’ compensation benefits, you’ll want to hire an attorney to help you through the process. Without one, there’s a risk of your claim being denied.
Common reasons for denials include:
- Pre-existing conditions
- Lack of medical evidence
- Missed deadlines
- Employer questioning the severity of the injury
- Employer refuting that the injury happened at work
If your claim is denied, you’ll have to start the process all over again, which means spending even more time without those much-needed benefits. Having a lawyer to guide you from the beginning can reduce the chance of a frustrating denial.
Hiring a construction accident lawyer is an absolute must if you’re considering filing a lawsuit against a third party. Your lawyer will do the following:
- Gather evidence of liability
- Interview witnesses
- Collect documentation to build your case
- Prove that the third party acted negligently
- Negotiate with the insurance company for a settlement
- Represent you in court if necessary
Contact an NYC Construction Accident Lawyer Now
Don’t leave the outcome of your construction accident claim up to chance. William Schwitzer & Associates, PC has successfully represented dozens of construction accident victims like you. If you’d like to start the claim process or want to know how to make an accident report, call us at (212) 683-3800 for a free case evaluation.
Frequently Asked Questions
Learn more about construction accident claims in NYC below.
What Are the Most Common Injuries in Construction?
The most common injuries in construction are slips, trips, and falls. In 2022, more than 38% of deaths in construction were due to falls. Common causes of falls include improperly stabilized ladders, poorly built trenches, and inadequate scaffolding.
Who Can I Sue for a Construction Accident?
You can’t sue your employer for a construction accident, but you may be able to sue a third party. Potentially liable parties include general contractors, subcontractors, architects, engineers, property owners, and equipment manufacturers.
What Are Damages for a Construction Accident?
Damages for a construction accident typically involve medical expenses, lost wages, loss of earning potential, and property damage. You can also recover non-economic damages, such as pain and suffering and loss of consortium. A construction accident lawyer can tell you what damages you may be able to recover.
Why Did Workers’ Compensation Deny My Construction Accident Claim?
Workers’ compensation may have denied your claim for several reasons. You may have missed a filing deadline or failed to provide enough medical evidence. Your employer might have claimed that your injuries didn’t happen at work. If you need help with a claim denial, call us to speak with a construction accident lawyer.
