When a construction accident occurs, the impact on the victims and their families can be devastating. Such incidents often include serious injuries, long-term disabilities and financial strain for victims as well as their families. If you have been injured in a construction accident, taking the right steps can make a major difference in the success of your personal injury or workers’ compensation claim. Strong evidence and well-documented details help ensure you receive the compensation you deserve for medical expenses, lost wages and benefits, and pain and suffering, etc.
Here are four key steps you can take to strengthen your construction accident case
1. Report the accident as soon as possible.
The first and one of the most crucial steps after a construction accident is to report the incident to your employer or site supervisor right away. Prompt reporting creates an official record of the accident, which is essential for both workers’ compensation claims and potential third-party personal injury lawsuits.
Failing to report the accident in a timely manner could potentially jeopardize your claim. In New York, for instance, injured workers must generally notify their employer within 30 days of the accident to be able to seek workers’ compensation benefits. However, it’s always advisable to report the incident as soon as possible, preferably on the same day.
When reporting the accident, provide a factual, concise account of:
• Where and when the accident occurred
• How the accident happened (such as slip and fall, falling object, equipment malfunction)
• Any visible injuries or symptoms you experienced
Request that your employer complete an official incident report and ask for a copy for your records.
2. Seek immediate medical attention and follow up.
Even if you think your injuries are minor, it’s important to seek immediate medical evaluation after a construction accident. Some injuries such as internal bleeding, head trauma or soft tissue damage, may not show symptoms right away but can worsen over time. A medical professional can help diagnose your injuries, initiate treatment and document the connection between the accident and your physical condition.
These medical records often serve as critical evidence in your case. Additionally, be sure to follow all treatment plans, referrals, and therapy recommendations, and maintain detailed records of medical bills, prescriptions and mileage to and from doctor visits. Consistent medical care demonstrates the severity and legitimacy of your injuries.
3. Document everything at the accident scene.
Evidence from the accident scene can play a pivotal role in proving liability and the extent of the hazard that caused your injury. If you are physically able to do so, or can ask a trusted coworker, gather as much information as possible right after the accident.
Important documents include:
Photos and videos: Capture the exact location, defective equipment, broken scaffolds, missing guardrails, debris or hazardous conditions that contributed to the accident. Photograph your injuries as well.
Witness information: Collect names, phone numbers and statements from coworkers, site managers or bystanders who witnessed the incident.
Equipment and tool details: If faulty machinery or tools were involved, document the make, model and condition.
Environmental factors: Note poor lighting, weather conditions, slippery surfaces, or any warning signs (or lack thereof) at the site.
4. Identify Third-Party Liability
While workers’ compensation generally prevents employees from suing their direct employers and co-employees for job-related injuries, many construction accident cases involve third-party liability claims. These claims allow injured workers to seek additional compensation from parties whose negligence (carelessness) contributed to the accident.
Common third parties in construction accident claims include:
• General contractors or subcontractors who failed to enforce safety standards.
• Property owners/managers who neglected hazardous conditions.
• Equipment manufacturers whose defective products caused injury.
• Scaffolding companies, crane operators or other vendors on-site.
New York, in particular, has strong labor laws such as Labor Law Sections 240 and 241, which provide special protections for workers injured due to falls from heights or unsafe worksite conditions. Identifying and pursuing claims against responsible third parties can greatly increase the financial recovery beyond what workers’ compensation provides. An experienced construction accident attorney can investigate liability and determine if such claims are applicable.
Contacting an Experienced Lawyer
Workers injured in construction accidents can bring civil actions against the construction company, contractor and property owner/manager, etc. responsible for the safety of the jobsite. Construction accident injuries can be debilitating and sometimes, even catastrophic or fatal. A construction accident victim can seek workers’ compensation benefits from his or her employer. In addition, workers and their families may be able to file a third-party lawsuit for substantial money damages against a number of parties, and thus have two sources of compensation.
Third-party claims are filed against parties other than the employer or co-employees and may include general contractors, sub-contractors, building owners, managing agents, construction companies, etc. In cases where a worker dies from injuries suffered on the job, surviving family members may seek death benefits through workers’ compensation and/or file a wrongful death claim against a third party.
If you have suffered injuries in a construction-related accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job — one of the highest construction case settlements in New York that year. Our law firm also recovered $3,000,000 for a man who fell and suffered two broken legs when he walked into an open elevator shaft. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com