What Steps Should People Take After Getting Injured In A New York Construction Accident?

Contact me today

Answer

The first thing you should do after a construction accident, if you are conscious and able to communicate, is call 911. The sooner you get help, the better your chances of recovering are. Receiving immediate medical attention can also affect the outcome of any legal action you may choose to take.

The Next Steps After Seeking Medical Attention

While seeking medical attention should be your top priority, it is only the first step after a construction accident. These next steps are just as important: Workers must take them to recover compensation for their injuries. If you suffer injuries that leave you unconscious, it may be necessary for your family or friends to take these steps on your behalf.

You – or your loved ones – must remember to:

  • Document everything that occurred: Taking photos of the accident site is essential. You will also want to collect information about any equipment involved in your accident (as well as the operators), the contractors on your worksite and past Occupational Safety and Health Administration (OSHA) inspections and workplace safety trainings.
  • Account for all witnesses: Contacting witnesses is crucial in corroborating your account of the accident.
  • Inform your employer about your injuries: In New York, you have 30 days to notify your employer of injuries sustained in a construction accident.
  • Contact an attorney: You will want to hire an attorney who specializes in both construction accidents and workers’ compensation; their understanding of where these practice areas overlap can make it easier to prove damages.

Understanding The Damages Available

You may qualify for up to three types of damages – forms of compensation for losses caused by your injuries – after a New York construction accident. Two of these damages are payable after filing a workers’ compensation claim. They are:

  • Indemnity payments: Indemnity payments cover your lost income at up to two-thirds of your average weekly wage (as calculated over a 52-week period).
  • Medical payments: Medical payments help cover the cost of treatment for your injuries. These payments are outlined in a fee schedule, and most medical providers accept them.

If a party other than your employer caused your injuries, you may also be eligible for pain and suffering damages, awarded through a personal injury lawsuit. These damages account for the noneconomic losses caused by your injury; they can include punitive damages (if your employer was criminally negligent) and damages for loss of consortium.

Construction Accident Injuries Are Complex

Because construction injuries are often caused by a third party, they can be difficult to work through. You will want to hire an attorney who not only knows personal injury and workers’ compensation law but will also advocate for you every step of the way. Their guidance can be crucial in receiving both the care and compensation you deserve.

Disclaimer:

The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other answers about construction accident

Image for David H. Perecman

How is liability determined in a construction accident in New York?

While construction is a notably risk-prone industry, New York has several laws in place to help protect injured construction workers. These three …Sponsored answer by David H. Perecman

Image for Michael S. Lamonsoff

What can a worker expect if he or she is injured in a construction accident in New York?

It’s no secret that construction is a hazardous industry to work in. While some job sites have greater risks than others, there are many potential …Sponsored answer by Michael S. Lamonsoff

Image for Shawn W. Carey

After A New York Construction Injury, Could I Have More Than A Workers’ Comp Claim?

You could, and there is a good chance that you do. Even if you have a viable workers’ compensation claim, you could also have an additional legal …Sponsored answer by Shawn W. Carey

Call me:
315-766-2981

Contact me

Required fields are marked with an asterisk (*).

To: David B. Snyder Super Lawyers: Potential Client Inquiry

The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Your IP address 3.236.70.233 and location have been logged to assist in preventing abuse of this service.

Page Generated: 0.35180306434631 sec