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Construction is one of the most dangerous fields for workers. In 2022, construction and extraction workers had the second highest fatalities (1,115), just behind transportation and material moving occupations, as reported by the U.S. Bureau of Labor Statistics (BLS).

If you work in the construction industry, knowing what to do after a construction accident at work can help protect your rights and ensure you receive the compensation you deserve.

Immediate Steps to Take After a Construction Accident

Construction accidents can be life-changing events for injured workers and their families. You need to know the critical steps to take after a construction site accident, as taking the right actions right after the incident can help protect your health, job, and legal rights. It can also make a difference in your recovery and ability to secure fair compensation.

Ensure Your Safety and Seek Medical Attention

Your health and safety are the number one priority after being involved in an accident. Seek medical attention after, even if your injuries seem minor. Prompt medical evaluation and treatment are essential to safeguard your health and document your injuries for potential claims.

Report the Accident to Your Employer

Notify your supervisor or employer as soon as possible. Reporting a workplace accident and following construction injury procedures are critical to protect your rights to benefits, such as medical expenses and reimbursement for lost wages.

Document the Scene and Gather Evidence

The more evidence you gather at the accident scene, the better. Take photos of the scene and any visible injuries and construction site safety violations you notice. Collect witness statements and contact information for potential future legal proceedings. Evidence you gather immediately after the incident can play an important role in the construction accident legal process.

Legal and Insurance Actions After the Accident

When dealing with serious workplace injuries, navigating the legal process can be overwhelming. Insurance companies may try to minimize the settlement amount, and employers may deny responsibility by claiming your injuries are not work-related.

Our experienced construction accident lawyers can provide skilled legal assistance on how to file a construction injury claim so your case isn’t compromised by greedy insurance agents.

File a Workers’ Compensation Claim

Workers’ compensation benefits may include medical expenses related to the injury, partial reimbursement for lost wages, and rehabilitation. To be eligible for workers’ compensation for construction accidents, the following steps are required:

  • Notify your employer of the injury within 30 days of the accident.
  • File Form C-3 (Employee Claim) with the New York State Workers’ Compensation Board. The form should be filed as soon as possible, no later than two years after the injury, per the New York State Workers’ Compensation Board.
  • If you have injured the same body part in the past, you will also need to file Form C-3.3 (Limited Release of Health Information).
  • Get medical care from a provider authorized by the Workers’ Compensation Board, and keep all records and documents related to your treatment.

Know Your Legal Rights After a Construction Accident

Injured workers have specific legal rights after a construction accident in New York. While workers’ compensation can provide benefits for medical care and lost wages, state labor laws allow injured workers to hold third parties accountable for unsafe conditions. Liable parties may include contractors, property owners, or equipment manufacturers.

Notify OSHA If There Are Safety Violations

The Occupational Safety and Health Administration (OSHA) investigates claims of unsafe workplace conditions, which can uncover negligence, equipment failure, and violations of safety regulations. Reporting construction injuries to OSHA can help strengthen your case by identifying parties who failed to uphold safety standards.

Protecting Your Rights and Seeking Legal Help

Construction accidents can leave workers and their families with financial, physical, and emotional hardships. If you’ve been hurt on a construction site, your workers’ compensation attorney can provide legal guidance and protect your right to the compensation you deserve.

Consult a Construction Accident Lawyer

Your best chance of recovering the compensation you deserve after a serious construction site injury is to consult an experienced New York City construction accident attorney who can explain your legal options and advocate for your rights. A skilled lawyer can determine liability, negotiate with insurance companies on your behalf, and ensure fair compensation.

Building a Strong Case for Compensation

Building a case for construction accident compensation requires proper documentation and medical records to support your claim. Your attorney can use evidence collected from the accident scene and the testimony of witnesses to strengthen your case.

Common Construction Accident Injuries and Compensation

Workers in construction are at risk for a range of severe injuries that can have long-term consequences. Pursuing full and fair compensation is crucial for injured workers and their families.

Common Injuries from Construction Accidents

Construction sites are inherently dangerous, and workers may be injured due to falls, equipment malfunctions, exposure to hazardous materials, or safety violations. The severity of the injury can impact the type of compensation you are entitled to receive. Common construction site injuries include:

  • Bone fractures
  • Spinal cord injury
  • Severe burns
  • Traumatic brain injury
  • Crush injuries

Compensation You May Be Entitled To

Calculating the estimated medical costs and loss of future earning potential is a vital part of the process. However, your construction accident compensation will depend on the nature and extent of your injuries and the surrounding circumstances.

Generally, workers’ compensation covers medical expenses, lost wages, and rehabilitation related to a workplace injury. But when a third party caused or contributed to your accident, you may be entitled to claim damages in a third-party lawsuit, including medical expenses, lost wages, pain and suffering, and long-term disability.

Protecting Your Health and Legal Rights After a Construction Accident

Taking key steps to protect your health and legal rights is vital after a serious construction accident. Essential steps include seeking medical attention, notifying your employer within 30 days of the incident, filing the appropriate forms with the Workers’ Compensation Board, reporting safety violations to OSHA, and speaking with an experienced lawyer.

At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we’ve been established for more than 50 years and have won more than $2 billion in compensation for our clients. If you have been injured while working on a New York City construction site, contact our law firm at (212) 986-7353 to schedule a free consultation.