- February 9, 2025
- Tucker Law
- Work Injury
The construction industry experiences a large share of workplace fatalities each year, and many construction workers suffer injuries that can affect their ability to work and earn a living for themselves and their families. If you work in this industry, you should know what to do after an incident to protect yourself and your ability to recover compensation. While you should seek immediate medical attention following one of these incidents, there are more steps to take to fully protect your interests.
Workplace injuries can cause significant financial harm on top of your physical and mental injuries. A New York workers’ compensation claim or personal injury lawsuit could compensate you for these costs, but your ability to use these methods depends on what you do after your health has been stabilized.
Why It Is Important to Seek Immediate Medical Attention
Seeking prompt medical care following a construction site injury gives you the best possible chance of recovery. Doctors and hospital staff have the tools and training to diagnose the extent of your harm and render appropriate aid. Without their assistance, your condition could worsen, and you could endure additional pain and complications.
Getting medical attention also creates a record of the injury for your workers’ comp claim or personal injury suit. The sooner a qualified health professional diagnoses your injury after a workplace accident, the easier it is to connect that injury to the accident.
Establishing a causal link between the accident and your injury is essential to recovering benefits.
Report the Injury to Your Employer
To receive workers’ compensation benefits in New York, you must report the accident to your employer within 30 days of the incident. Doing so allows your employer to notify their workers’ comp insurer so the claims process can commence. If you fail to notify your employer within this window, you can lose your right to pursue these benefits.
You can notify your supervisor or manager orally, but it’s better to provide notification in writing. This can be done with a written note or email. In your communication, tell your supervisor when, where, and how the accident occurred. You should also describe the injuries or symptoms you experienced after the injury.
If circumstances beyond your control prevent you from reporting the injury in a timely manner, you should make your report as soon as possible. For example, suppose your injury left you in a coma for three months. When you awake from your coma and are released from the hospital, make reporting your accident to your employer a priority.
Gather Evidence of the Accident
You should receive workers’ comp benefits regardless of whose carelessness caused the accident. However, your employer’s insurer can deny your claim if they believe the workplace incident did not cause your injuries. If the insurer denies your claim, you will need to produce evidence showing the denial was erroneous.
Similarly, a personal injury lawsuit against a negligent third party succeeds or fails depending on the availability of evidence showing fault. If you do not have enough evidence to prove the third party acted negligently and thereby caused your injuries, your lawsuit will not succeed.
It is far easier to gather evidence concerning your job site accident close in time to when the accident happened rather than weeks or months later. As your injuries allow, try to accomplish the following:
- Write down the names and contact information of others who saw the accident.
- Save all communications you send or receive from your employer concerning the incident, including letters and emails.
- Make notes about any telephone calls you have about your accident.
- Take photographs of the accident scene, any equipment involved in the accident, warning signs that may have been present, and any other detail you deem important.
- Save copies of all medical records.
- Collect and preserve bills, invoices, statements, and receipts relating to your accident.
Hiring an experienced New York construction site accident lawyer soon after your injury can make this process simpler. Your attorney will have the tools and resources available to conduct a thorough investigation while you focus on recovering and returning to work.
If you have suffered an injury while on the job on a construction site, contact Tucker Lawyers at (516) 399-2364 immediately for professional advice and assistance.
Consult With an NYC Construction Accident Lawyer
Do not delay visiting with a New York City construction accident lawyer after being hurt on the job. The sooner you retain a qualified attorney, the faster they can assist you in pursuing compensation. Despite the need to hire legal counsel swiftly, you should take some time to carefully evaluate your options before deciding which attorney to retain.
Look for an attorney with experience successfully handling construction site injury lawsuits and workers’ comp claims. Ensure you understand and are comfortable with how that attorney will bill you for their services. Take advantage of the free consultations some lawyers offer to learn about the firm, its approach to cases like yours, and what you can expect from that office.
Ensure You Understand Your Rights and Options
Workers’ Comp Claims and Third-Party Lawsuits Have Benefits and Risks
Ultimately, the way you choose to exercise your legal rights and seek compensation is up to you. However, you cannot make an informed decision about how to proceed without understanding your legal rights and options. Ask your attorney as many questions as necessary so you comprehend the benefits you could receive and how to obtain them.
In most cases, you can file for workers’ compensation benefits. These benefits might not fully compensate you for all your losses, whereas a third-party lawsuit might. Your lawyer can discuss the risks and rewards of pursuing each course of action available and help you make the best decision for your situation.
Contact Your Construction Injury Accident Attorney in NYC Today
The team at Tucker Lawyers is committed to providing you with exceptional advice and advocacy following a construction site accident. Your injury lawyer in NYC will carefully analyze your case, inform you of the compensation you could receive, and help you pursue your right to recover damages.
Reach out to Tucker Lawyers at (516) 399-2364 to schedule your initial consultation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]