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How to Make an Accident Report in a Construction Accident in NYC

How to Make an Accident Report in a Construction Accident in NYC

If you have experienced an accident on a construction site, you may feel overwhelmed by your next steps. However, encouraging your employer to file an accident report is an essential step in holding your employer accountable, kickstarting corrective actions, and preventing future incidents. 

Construction employers are generally responsible for filing accident reports. However, as an employee, you can take a few steps to streamline this process and improve your chances of recovering compensation. 

If you’re wondering how to make an accident report in a construction accident, continue reading. Then contact our legal team at William Schwitzer & Associates, P.C., for assistance. 

What Is a Construction Accident Report? 

A construction accident report is a general term for a report detailing an injury or illness occurring on a construction site. New York City construction employers must report injuries and illnesses to the Occupational Safety and Health Administration and the NYC Department of Buildings. Construction workers and employers can also file workers’ compensation claims after work-related incidents. 

Construction incident reporting is an important step in maintaining safe work environments on construction sites and preventing further incidents. Sometimes, accident reports trigger an incident investigation in which OSHA inspects the construction site and looks for violations of safety protocols.

However, accident reports also become public records that allow current and future employees to understand a construction company’s safety and work environment. These records can also help OSHA and the NYC Department of Buildings determine a company’s incidence rate and take disciplinary measures if necessary. 

A construction accident report typically includes the following information:

  • The date and time of the accident
  • The location of the accident
  • The person reporting the incident (i.e., general contractor, subcontractor, owner, etc.)
  • The organization of the person reporting
  • The name of the site owner
  • The number of active permits issued
  • Incident description details
  • The number of injuries and/or fatalities that occurred from the incident
  • Construction site details

Who Needs to File a Construction Accident Report?

A construction employer is typically responsible for filing an accident report after any incident leading to even minor injuries. The injured person is usually not responsible for filing a report. 

However, if the injured person believes their construction manager has failed to file a report promptly, they can report this violation to the NYC Department of Buildings, the Occupational Safety and Health Administration (OSHA), or both. 

Construction employers are also responsible for filing workers’ compensation claim information with their insurance carriers. The insurance company should reach out to the accident victim within a few days of filing the claim. 

If you are a construction accident victim, you are not responsible for filing your own accident report. However, you may be responsible for providing insurance claim information, evidence, and legal documentation to receive compensation for your injuries and damages. Your construction accident lawyer in New York can guide you through this process. 

What Types of Injuries and Illnesses Require an Accident Report? 

The type of incident that occurs on a construction site can impact the necessity of an accident report. According to OSHA, employers must report all work-related injuries and illnesses that result in:

  • Medical treatment beyond first aid
  • Restricted work activity
  • Job transfer
  • At least one day away from work
  • Loss of consciousness
  • Death

“Medical treatment” involves managing and caring for the person beyond observational and diagnostic procedures. 

How to Make an Accident Report in a Construction Accident in NYC

As we mentioned, construction employers are the ones responsible for filing accident reports on behalf of injured parties. If you are a construction employer, you can read below to learn more about the types of forms you must submit and how to file them. 

If you are a construction accident victim and believe your employer has failed to file the required forms, contact our New York construction accident attorney for assistance. 

OSHA Forms

Construction employers are responsible for filing two accident forms with the Occupational Safety and Health Administration (OSHA):

  • OSHA Form 300 and 300A: Log of work-related injuries and illnesses and summary of work-related injuries and illnesses
  • OSHA Form 301: Injury and illness incident report

Clicking the link above will take you to PDF versions of these forms and a packet of information detailing how and when to fill them out. You can input the required information directly in the PDFs. 

Employers should fill out the log (Form 300) after each injury, then calculate the totals from the log and input them into the summary (Form 300A) annually. They must post the summary for all employees to see the following year. 

Meanwhile, employers must fill out Form 301 within seven calendar days after receiving information about a recordable work-related injury or illness. They must keep these forms on file for five years after the year in which the incident occurred. 

In 2021, OSHA reported approximately 2.7 incidents per 100 full-time workers nationwide. 

If you have any questions about these OSHA forms, you can call your regional OSHA office and ask for the recordkeeping coordinator. 

NYC Department of Buildings Forms 

NYC construction employers must also file an injury/fatality incident report with the NYC Department of Buildings. They must provide all required information within three business days of the incident. Failing to meet this deadline can result in a $5,000 fine. 

Clicking the link above will take you to an online form that, upon completion, will automatically submit to the NYC Department of Buildings. In this form, you must provide details about the incident, the work site, and your construction permits. 

In October 2022, employers in NYC filed 36 of these incident reports, compared to 40 in September and 57 in August.

How to File a Workers’ Compensation Claim 

All for-profit and most non-profit employers in New York must carry workers’ compensation insurance. This insurance provides benefits for employees who experience work-related injuries, regardless of who was at fault for the incident. The NYC Workers’ Compensation Division receives approximately 17,500 new claims each year. 

If you are a construction worker who was injured on the job, you can file a C-3 employee claim form digitally on the New York State website. You’ll need to provide the following information:

  • Your contact information
  • Your employer’s information
  • Your job details
  • The details of the injury

Typically, the more information you provide about the accident, the better. This form can play a crucial role in your eligibility for compensation. Working with an attorney can help you increase your payout and receive adequate funds to cover all accident damages. 

What Should a Construction Accident Victim Do After an Accident? 

As a construction accident victim, you may feel powerless while you wait for your manager to complete the necessary forms and start the claims process. However, you can take several steps to streamline your compensation claim. These include the following:

  • Seek medical attention immediately after the accident to identify all damages and obtain evidence of your injuries.
  • Ask your construction manager for updates about the accident report process.
  • Contact OSHA and the NYC Department of Buildings directly to discuss the incident and further steps. 
  • Document as much evidence about the accident as possible.
  • Obtain the contact information of all witnesses — including your coworkers.
  • Hire a construction accident attorney. 

Contact an Experienced Construction Accident Attorney in New York City

Navigating construction accident claims can be confusing and overwhelming — especially if you have no legal experience. At William Schwitzer & Associates, P.C., we’re dedicated to taking the stress off your shoulders.

Our experienced attorneys can help you seek compensation after your construction accident, whether through an insurance claim, lawsuit, or both. We have created a guide to construction accident lawsuits to get you started. We can also provide experienced legal representation to represent your case to a judge or jury. 

Now that you know how to make an accident report in a construction accident in NYC and who is responsible for filing these reports, you can begin holding your employer accountable. If you need help seeking compensation for your injuries, contact our legal team today at 212-683-3800 to schedule your free legal consultation. 

About The Author

John C. Merlino, ESQ.

John C. Merlino, ESQ.

John C. Merlino is a zealous legal voice for injured construction workers. A senior managing member of the firm, Mr. Merlino was born and raised in Brooklyn, to immigrant parents. Mr. Merlino learned the importance of educating our clients of their rights and being a strong-compassionate advocate. Mr. Merlino, along with his mentor William Schwitzer, are among the most respected Construction Site Accident Lawyers in the State of New York.