Top 7 Things To Do After A Construction Accident From A NYC Lawyer
Although workplace accidents are possible in any industry, they are particularly common in the construction industry. Construction workers work in dangerous conditions. There are times when construction workers do not receive proper training, are forced to use faulty equipment, or are injured due to the negligence of a colleague or employee of another contractor in the workplace. The number of injuries and casualties from construction accidents in New York City has increased, making it extremely important to know and understand your rights.
TOP 7 THINGS TO DO AFTER A CONSTRUCTION SITE ACCIDENT
If you or a loved one is injured on a construction site, you should take the appropriate actions. Following these steps allows you to keep your options open and consider legal action to receive compensation for your injuries.
SEEK MEDICAL ATTENTION
If you’ve been injured in a construction site accident, seek immediate medical attention. Feel free to call 911 or let a colleague call for you.
You want a doctor to assess the extent of your injuries, no matter how minor you think they were. Unfortunately, some injuries, including head, neck, and spinal injuries, are not always noticed.
Now is not the time to suck it up or see if you feel better the next day. Rather, you should see a doctor as soon as possible and have documentation of your medical tests and treatments.
- INFORM YOUR EMPLOYER
Once you sought medical attention for your medical issues, contact your employer to report the accident immediately. Your employer has already witnessed or learned of the mishap in many cases. They may have already registered the accident. In New York, employers must immediately report the incident to the company’s insurance company.
Any injury a construction worker has incurred on the job must be reported within 30 days of the accident to qualify for workers’ compensation. If the accident was severe and there were witnesses, your employer has no excuse for not knowing what happened.
- REPORT THE ACCIDENT
Many workers do not report their injuries for fear of losing their jobs or immigration status. Sometimes companies don’t want a report highlighting their poor safety practices.
You cannot lose your job or get reported for your immigration status just because you reported an accident or contacted a lawyer.
It is in your interest to report your incident to your supervisor or manager. Saying what happened ensures documentation of the incident and exposure of any unsafe practices that could prevent future injuries.
Be sure to note who accepts the report and the date you submit it. This is important for any future legal action in your case.
Your employer may ask you to fill in additional forms related to workers’ pay.
It is always good to consult with a personal injury attorney before signing any forms or reaching an agreement.
- GATHER CONTACT INFORMATION
It is vital to compile as much evidence of your accident as possible.
This includes collecting the contact details of anyone who witnessed the incident. You or a colleague should write down witnesses’ names, addresses, and phone numbers. This is essential information for the investigation phase of the incident.
Don’t try to pressure witnesses into the details of the incident. Your lawyer can contact them later for more information.
- TAKE PICTURES OF THE SCENE
Try to take pictures of the scene or ask a colleague to do it for you.
If your accident was due to unsafe working conditions, photograph the area or any faulty equipment. Have someone take pictures of your injuries and any damage to your clothes, hat, or other property. If your employer fails to follow proper safety guidelines, you may be entitled to more compensation.
- CONSULT WITH A NEW YORK CONSTRUCTION ACCIDENT LAWYER
Some people mistakenly believe they don’t need the help of a construction accident attorney, or they refuse it, thinking they don’t need a lawyer when making a claim. Having an experienced construction site accident attorney on your side gives you information on how to file a personal injury claim and what you need to prove. You may have an idea of the value of your case, but your lawyer will use a formula to judge the value of the case and whether it is worth fighting.
When you work with a construction accident attorney in New York, you are working with someone who has a clear understanding of workers’ compensation laws, and the types of injuries contractors experience daily.
Most people have no personal injury experience. It’s easy to miss deadlines and lose paperwork. Lawyers keep your case up to date and allow you to breathe easier knowing they will take care of it. Those who file a claim tend to do better with the help of a New York construction accident attorney than those who don’t.
Most importantly, construction accident attorneys only get paid if they are able to recover money on your behalf.
- DOCUMENT EVIDENCE OF YOUR INJURY
After a construction accident, you have several elements to validate in court:
- Injury
- Negligence on the employer’s part.
You must produce evidence of your injury from the day of the accident through hospital visits or other medical visits.
EVIDENCE FROM THE ACCIDENT SITE
When you meet a construction accident attorney, they will help you gather the appropriate evidence for your case. In the meantime, you want to start collecting documents right after the injury.
- Medical Records from Your Injuries
The success of your claim hinges on your medical records. Your lawyer can assist you in obtaining your records and will further use the forms to investigate the claim and evaluate the value of your injuries.
The Health Insurance Portability and Accountability Act (HIPAA) protects your privacy regarding medical records. Although you have the right to obtain copies of your medical records, they cannot be viewed by others without your permission. You can request your medical history in writing.
Consider keeping a journal of your detailed diary of your symptoms and information on how your injury affects your daily life. For example, deem how long it takes you to perform various activities and how the accident involved your mental health. However, if you have an attorney and he/she tells you to do this it may be protected under attorney-client privilege, which is a great benefit when suing.
In addition, to record the progress of your injury, be sure to enter the date and time in your journal to create a timeline.
- Financial Records
Keep track of all financial records associated with your injury. This includes all of your medical bills, including medications, mobility aids, and anything related to your injury. Also, keep track of all financial decisions directly affected by the incident. For example, if you have to pay for transportation for treatment or additional costs for care of an injury, you must list all of these costs.
Likewise, keep track of all your paychecks. If you have lost hours or wages due to your injury, you must have proof of this. Compare your current financial situation with your previous situation before the accident to prove a loss of income. Record all your expenses and make sure your bank statements can justify the losses.
Current, past, and future costs need to be considered.
Employers are required to maintain safety on a construction site. Workers’ compensation payments should cover injuries if an employee has an accident, but coverage may not be sufficient for more devastating accidents. If you have just been involved in a construction accident, you may be entitled to compensation.
UNDOCUMENTED WORKERS RIGHTS
What if you are an undocumented worker? Do the same laws apply to your construction site accident?
The short answer is yes. In New York, an undocumented worker or a moonlit worker has the same rights as any other worker in the workplace.
Don’t listen to a supervisor or the construction company if they tell you that you can’t get workers’ compensation because you’re an undocumented worker.
Sometimes employers do this as a threat because undocumented workers are afraid of being deported.
However, in New York, you have the same employment rights as US citizens.
Therefore, undocumented workers cannot be deported for suing for personal injury.
Why you need an Attorney for your claim?
Personal Injury Lawyers have the required expertise in identifying and preparing the claim. An experienced attorney can provide different options available to the victim. Our firm is experienced in construction accident cases. Our firm offers a free consultation and never takes a fee unless we recover money for you.
