Rosenbaum & Rosenbaum, P.C. | October 20, 2023 | Construction Accidents
You may wonder what to do if you are injured on a construction site in New York, NY. Fortunately, the construction accident attorneys at Rosenbaum & Rosenbaum, P.C. have over 40 years of experience helping the injured recover meaningful compensation.
1. Prioritize Medical Attention
Your health should always be a priority. While the moments after a construction site injury can be chaotic, you should prioritize seeking medical attention. This is important no matter how severe the injury appears. Some injuries, such as concussions or other internal ones, may not show immediate symptoms. However, symptoms can later develop and become serious health concerns.
This is why it is vital to seek medical attention. A prompt medical evaluation ensures that hidden or lingering injuries are diagnosed and addressed. Your medical records will also document the facts of your injury and initial prognosis. This can be valuable evidence should you decide to pursue legal action.
2. Report and Document the Injury
There can be lots of paperwork after a workplace injury. But it is necessary. Once you are out of immediate danger, notify your supervisor or site manager about the incident if you are a worker.
This notification should be detailed. You should describe how the injury occurred and what injuries you are experiencing. Proper documentation is the backbone of any potential legal or compensation claim. If you are a pedestrian, you can report the accident to a first responder or doctor instead.
Document the scene if it is safe to do so. A smartphone can be a valuable tool for this. Take clear photographs of your injuries. Photograph the location of the incident and any equipment or machinery involved. If there were witnesses, such as co-workers or bystanders, ask for their contact details. Their testimony can be important if there is a dispute about how the incident unfolded.
3. Maintain Medical Records and Bills
After seeking medical attention, maintain a complete record of all medical interactions. This includes evaluations, diagnostic tests such as X-rays or MRIs, treatments, or surgeries. Medical records help paint a picture of your injury’s physical and emotional toll over time. They help validate the seriousness of your injury and construct a timeline of events.
In addition to medical reports, always retain copies of associated bills. Bills help quantify the financial burden of your injury. This is often not just hospitalization or treatment costs. Secondary expenses, such as for travel to and from medical appointments or assistive devices like crutches or wheelchairs, can be included. These costs add up and should be accounted for in any compensation claim.
4. Understand Workers’ Compensation vs. Personal Injury Claims in New York, NY
In New York, you may have multiple options for getting compensation after a construction industry. One is to utilize New York’s workers’ compensation system. Through this system, workers injured arising from and during their employment can file a claim with their employer’s workers’ comp insurance policy. You may be eligible to receive limited benefits for medical expenses and lost wages.
However, you may also have a personal injury claim for additional damages above and beyond what workers’ comp can provide. New York labor laws afford construction workers strong legal protections. It’s possible you have a claim against your employer and/or a liable third party.
Pedestrians or non-workers exposed to construction site hazards may also have a personal injury claim. This means you file a lawsuit directly to compensate you for your injuries. You generally have three years from your injury date to do so.
5. Consult a Personal Injury Lawyer in New York, NY
Construction site accidents happen regularly in New York, NY. When they do, the effects can have a deep physical, emotional, and financial toll on victims. It can also be difficult to navigate the workers’ compensation or personal injury claim process alone.
Contacting a construction accident attorney for a free initial consultation is one of the best decisions you can make after getting hurt on a site. A lawyer can help you understand and explore your best course of action.