September 26, 2023

5 Steps to Take After a Construction Accident in New York

By Jonathan Damashek

Posted in

Go to the main Construction Accidents page

The National Safety Council reports that the construction industry has some of the highest occupational injuries and fatalities rates. Construction is an inherently dangerous job, but many accidents are preventable and caused by someone else’s negligence.

If you were injured while working on a construction site in New York, the steps you take after the accident can make a significant difference in the final value of the compensation you recover.

Here are five steps to take after a construction accident in New York:

1. Receive Medical Treatment

Immediately after your New York construction accident, visit an emergency room or doctor for an evaluation of your injuries. You may be directed to a specific medical center that your employer chose. However, obtaining a second opinion may be important to the final outcome of your case.

The harm caused to you may be severe even if you thought the accident was minor. Some injuries, like traumatic brain injuries, don’t always show symptoms until hours or days later. That’s why it is imperative to seek out a medical professional right away. They can treat any injuries you have and prevent health complications down the line.

2. Notify Your Supervisor

Inform your supervisor of the construction accident and your injuries once you’ve received medical treatment. The notification must be in writing and submitted within 30 days of the accident.

3. Contact a Construction Accident Attorney

For cases of serious injury, it is advised that you retain legal representation to manage all of the specifics of your case. For example, you may be able to file a third-party liability claim or lawsuit to obtain fuller compensation than workers’ comp alone.

An experienced New York construction accident attorney can help gather crucial evidence and consult with experts to support your claim, advocating for your best interests every step of the way.

4. Gather Evidence

Once you’ve hired an experienced New York construction accident lawyer, they can conduct a full investigation into your accident and calculate the value of your claim. It is imperative that you hold onto any records of your accident.

Your attorney can help you gather evidence of your accident, including:

  • Photos and videos of the accident scene
  • Witness contact information
  • Witness statements
  • Testimony from expert witnesses, such as medical experts
  • Medical records
  • Hospital bills

5. File a Claim or Lawsuit

Chances are, an individual or entity contributed to your construction accident. They could be held financially liable for your damages. While filing a workers’ compensation claim can help you recover certain damages, the amount you receive is limited and may not be sufficient—especially if you suffered significant injuries.

To fully recover, you may need to file a third-party liability claim or lawsuit. If a loved one died after a construction accident in New York, consider filing a wrongful death claim or lawsuit.

Your construction accident attorney can evaluate your case to determine whether or not you can pursue compensation through a third-party liability claim.

Potential liable parties in your construction accident could include:

  • Contractors
  • Subcontractors
  • Equipment manufacturers
  • Property owners
  • The city or government

Every party who contributed to your accident and injuries should be held accountable for their negligence. At Hecht, Kleeger, & Damashek, P.C., we can help you recover the compensation you deserve after a construction accident in New York.

Our team has decades of combined experience handling these types of cases. We understand how to apply New York’s labor laws to your individual case and how to get the most out of a settlement.

Injured on a New York Construction Site? Contact HKD.

The aftermath of a construction accident can be confusing and overwhelming. However, there are steps you can take to secure full compensation when it comes time to file a claim or lawsuit against the negligent party. The dedicated construction accident attorneys at Hecht, Kleeger, & Damashek, P.C. have helped countless clients achieve the settlements they needed to recover. We’re here to help you too.

Contact our attorneys at HKD at 212-490-5700 if you or a loved one has been injured while working in New York.