Construction sites are inherently dangerous places, where workers face a wide variety of hazards, from falling objects to heavy machinery and faulty scaffolding. When an accident occurs, the consequences can be catastrophic, resulting in severe injuries or even fatalities. In such instances, knowing what to do immediately following an accident, as well as being aware of your rights and legal options, is important.
An experienced Manhattan construction accident lawyer can provide you with the strong legal representation you need to take on powerful construction companies and insurance carriers and recover maximum compensation for your injuries and losses.
Steps You Should Take After a Construction Accident
Construction site accidents in Manhattan, NY can result in severe injuries or fatalities, and what you do immediately after the accident can have a significant impact on your physical recovery, and legal and financial outcomes. Here are the key steps to take following a construction site accident:
1. Seek Immediate Medical Attention
The first and most critical step after an accident is to seek medical care. Even if you feel okay initially, it is essential to get checked by a healthcare professional because some injuries, such as internal injuries or head trauma, may not show symptoms right away. Timely medical treatment ensures that your health is safeguarded and creates a record of your injuries, which is vital for any future claims. New York law mandates that any worker injured on the job be provided with medical treatment, and your doctor’s notes will be essential if you pursue a workers’ compensation claim or lawsuit (New York Workers’ Compensation Law, § 13).
2. Notify Your Employer
In New York, you are required by law to report any accident or injury that occurs at the workplace to your employer (New York Workers’ Compensation Law, § 18). Immediate notification creates an official record of the incident, which will be important for filing workers’ compensation claims. Failing to report the accident can result in the loss of workers’ compensation benefits or legal claims. Be specific in your report about how the accident occurred, and make sure it is documented in writing.
3. Document the Accident
Collect as much information as possible about the accident. This includes details about how and where it occurred, the time, date, and any individuals involved or who witnessed the accident. Take photos of the accident scene, your injuries, and any contributing factors (such as faulty equipment or dangerous conditions). This documentation will be crucial to your case and will help support your claims when dealing with insurance companies or legal authorities.
4. File an Accident Report
Most construction sites have specific procedures for reporting accidents, so ensure that you file an official accident report with the site supervisor or human resources. Make sure the report is completed as accurately and thoroughly as possible. Include all details you can recall and ask for a copy of the report for your records. This will serve as evidence if you need to file a legal claim or workers’ compensation claim in the future.
5. Preserve Evidence
If you can, make sure to preserve any physical evidence related to the accident. This may include keeping the equipment involved in the accident, photographs of hazardous conditions (like unguarded machinery or faulty scaffolding), or any tools that contributed to the incident. Preserving evidence is crucial in cases where third-party liability exists, such as if faulty equipment or a negligent subcontractor caused the accident.
6. Get Contact Information for Witnesses
If there were any witnesses to the accident, get their contact information. Witness statements can play a crucial role in corroborating your version of the events, particularly if there is a dispute over how the accident occurred. If you can, ask witnesses to provide written statements describing what they saw, but avoid asking them to make any assumptions or provide opinions about the cause.
7. Avoid Making Statements That Could Affect Your Case
It’s important to be cautious about what you say after the accident. Avoid admitting fault, making speculative statements about the cause of the accident, or discussing your injuries too much. While it’s natural to want to explain what happened, premature statements could be used against you in a workers’ compensation claim or personal injury lawsuit. Stick to the facts when speaking to your employer, medical professionals, and insurance agents.
8. File for Workers’ Compensation
If you’ve been injured on a construction site in New York, you are typically entitled to workers’ compensation benefits. This includes compensation for medical bills, lost wages, and rehabilitation. Filing for workers’ compensation should be done as soon as possible—failure to file within 30 days of the accident could result in the denial of your claim. Your employer will likely provide you with forms for filing; however, a lawyer can help ensure your claim is complete and accurate.
9. Consult a Construction Accident Lawyer
Consulting a Manhattan construction accident lawyer as soon as possible after the accident is essential, especially if you have suffered significant injuries. An attorney can help you navigate the complexities of the workers’ compensation process and determine whether you have the right to pursue a third-party claim for additional compensation. Third-party claims may be available if the accident was caused by negligence on the part of a subcontractor, manufacturer, or property owner.
10. Monitor Your Recovery and Keep Records
As you recover, continue to monitor your health and keep detailed records of your medical treatments, progress, and any changes in your condition. These records will help demonstrate the full extent of your injuries and the impact on your ability to work. If your injuries worsen over time, update your medical providers and legal team accordingly. Keeping thorough records will strengthen your claim and help ensure you receive the compensation you deserve.
Steps a Manhattan Construction Accident Attorney Will Take on Your Behalf
If you have been injured on a construction site due to the negligence of a contractor or subcontractor, a Manhattan construction accident lawyer can help you pursue a third-party claim. Unlike workers’ compensation claims, which are typically filed through your employer, a third-party claim targets those outside of your direct employer—such as a negligent contractor, subcontractor, or equipment manufacturer.
Here are the steps a skilled Manhattan, NY construction accident lawyer will take to ensure your case is properly handled and you receive maximum compensation.
1. Initial Consultation and Case Evaluation
The first step in pursuing a third-party claim is to schedule a consultation with a Manhattan construction accident lawyer. During this meeting, the attorney will evaluate the specifics of your case, review how the accident occurred, and identify any potential third parties (e.g., contractors or subcontractors) who may be liable. A Manhattan attorney experienced in construction accidents will look for negligence from parties beyond your employer that could have contributed to your injury, such as unsafe work conditions, defective equipment, or failure to follow safety regulations (New York Labor Law Section 240).
2. Investigation of the Accident Scene
Your attorney will conduct a thorough investigation of the accident site. This involves inspecting the construction site, reviewing blueprints, safety protocols, and maintenance logs to identify hazards or negligence by contractors or subcontractors. The attorney may also gather evidence such as photographs of the site, witness statements, and expert opinions to establish how the third party’s actions or omissions led to your injury. The investigation will be crucial for determining the liability of various parties involved.
3. Review of Contracts and Agreements
Construction projects involve multiple parties with various roles and responsibilities. Your attorney will examine the contracts between the general contractor, subcontractors, and other involved parties to identify any breach of duty or failure to meet safety standards. For instance, if a subcontractor was responsible for maintaining scaffolding, and that scaffolding collapsed due to their negligence, a breach of contract claim may be brought against them.
4. Identifying Potential Third-Party Defendants
After the investigation, your attorney will identify all potential third-party defendants who may be liable for your injuries. These may include contractors, subcontractors, equipment manufacturers, property owners, or even architects and engineers who may have contributed to unsafe conditions or failed to ensure proper safety measures were followed. Identifying all liable parties is critical to recovering maximum compensation, as each defendant may share in the responsibility for your injury.
5. Gathering Witness Statements and Expert Testimony
In addition to physical evidence, your attorney will seek out witness statements from colleagues, supervisors, or passersby who witnessed the accident. Expert testimony may also be obtained from construction safety experts, engineers, or medical professionals who can testify about the cause of the accident and the extent of your injuries. Expert testimony can be especially useful in complex cases involving defective equipment or construction site negligence, helping to establish liability and the severity of damages.
6. Filing the Third-Party Claim
Once liability has been established, your attorney will file the third-party claim in court. This involves drafting a complaint that outlines the negligent actions of the third party, how those actions caused your injury, and the damages you seek. The complaint will be filed against the negligent contractor or subcontractor, along with other potentially liable parties. In construction accident cases, it is critical to file the claim within the appropriate statute of limitations (usually three years for personal injury claims in New York) to ensure your right to seek damages is preserved (New York Civil Practice Law and Rules, § 214).
7. Negotiating Settlement Offers
Once the claim is filed, the responsible party’s insurance company will likely offer a settlement to avoid going to trial. Your attorney will handle these negotiations, ensuring that the settlement offer accurately reflects the extent of your injuries, medical costs, lost wages, and pain and suffering. Attorneys with experience in third-party construction accident claims will work aggressively to secure a settlement that reflects your actual damages. They will use expert testimony and evidence to justify the amount of compensation you’re seeking.
8. Preparing for Litigation
If a fair settlement cannot be reached, your attorney will prepare for litigation. This may involve filing motions, preparing trial briefs, and gathering additional evidence to support your case. Your attorney will handle all aspects of the litigation process, from pre-trial procedures to presenting your case in front of a jury. This includes subpoenaing documents, cross-examining witnesses, and making arguments in court. Construction accident lawyers understand how to present technical details of a construction case in a manner that is understandable to jurors.
9. Recovery of Maximum Damages
During the trial, your attorney will present evidence that demonstrates the full extent of your injuries and the financial, physical, and emotional toll the accident has had on your life. This includes medical bills, lost income, pain and suffering, and any future medical expenses you may incur. In addition to economic damages, your lawyer may pursue non-economic damages, such as compensation for emotional distress, loss of enjoyment of life, and other intangible losses. A skilled Manhattan construction injury lawyer will fight to ensure that you’re compensated for both your past and future needs.
10. Post-Trial Actions and Appeals
After a judgment is rendered, if the third-party defendant’s insurance company or the defendant itself disagrees with the outcome, they may file an appeal. Your attorney will handle the post-trial process, including filing any necessary motions, responding to appeals, and ensuring that any favorable verdict or settlement is enforced. Even after a judgment, a lawyer’s job isn’t done until you’ve been fully compensated and your case is settled to your satisfaction.
Do’s and Don’ts with the Insurance Company After Your Construction Accident in Manhattan
After a construction site accident, dealing with insurance companies can be one of the most complex aspects of your recovery. Insurance companies often try to minimize their payouts or deny claims outright. Here are important do’s and don’ts to keep in mind when interacting with insurance companies following a construction site accident.
Do’s
1. Report the Accident Promptly
After your accident, notify your employer and the insurance company as soon as possible. In New York, workers are generally required to report workplace injuries to their employer within 30 days (NY Workers’ Compensation Law § 18). Pertaining to this, report the incident to the insurance company in a timely manner, as delays can harm your case.
2. Document Everything
Keep detailed records of your accident and injuries, including photos, medical records, witness statements, and any other relevant documents. These pieces of evidence are crucial in supporting your claim. For example, photos of the accident scene, unsafe conditions, or your injuries could prove the negligence of contractors, subcontractors, or other third parties.
3. Consult with an Experienced Lawyer
Before speaking in detail with the insurance company, it’s prudent to consult with a Manhattan construction accident lawyer. They can advise you on how to approach the claims process, what information to provide, and how to avoid making statements that could harm your case. An attorney can also ensure that the insurance company is treating you fairly and that you are being compensated appropriately for both medical bills and lost wages.
4. Provide a Clear Account of What Happened
When you do communicate with the insurance company, be clear and consistent in your account of the accident. Stick to the facts and do not speculate or make assumptions about what happened. The more accurate and consistent your account, the stronger your case will be.
5. Keep Records of All Communications
Every phone call, letter, email, and document exchanged with the insurance company should be carefully recorded. This can include the names of the insurance adjusters, dates of conversations, and details of what was discussed. This documentation could prove critical if you need to escalate the matter or take legal action.
Don’ts
1. Don’t Admit Fault
Even if you believe the accident may have been partially your fault, do not admit fault to the insurance company. In many cases, liability can be shared, and admitting fault early can limit your ability to recover full compensation. New York follows a comparative negligence rule, meaning that if you share some blame for the accident, your damages may be reduced accordingly (New York Civil Practice Law and Rules § 1411).
2. Don’t Accept the First Settlement Offer
Insurance companies often make quick, low settlement offers in an attempt to close the case before you understand the full extent of your injuries and damages. Don’t accept any settlement offer without consulting with an experienced construction accident attorney. The initial offer is often far below what you are entitled to for medical expenses, lost wages, and pain and suffering.
3. Don’t Discuss Your Case with Anyone Else
Avoid discussing your case with coworkers, friends, or anyone outside of your legal team. Insurance companies may try to use informal conversations or statements made in social settings against you. Keep all discussions related to the case within your trusted circle of legal and medical professionals.
4. Don’t Give a Recorded Statement Without Legal Counsel
Be cautious about providing recorded statements to the insurance company. Insurance adjusters often ask for these statements in an attempt to get you to admit something that could harm your case. It’s prudent to have an attorney present to ensure your interests are protected before making any statements.
5. Don’t Sign Anything Without Legal Review
Do not sign any documents, releases, or medical authorizations without consulting your lawyer. Insurance companies might send you forms that can limit your ability to pursue further claims or reduce the value of your case. An attorney can review these documents to ensure you are not unintentionally giving up important rights.
Know Your Legal Rights After a Construction Accident in New York
Workers’ Compensation Benefits
In New York, most construction workers are entitled to workers’ compensation benefits regardless of who was at fault for the accident. Workers’ compensation provides benefits to cover medical expenses, lost wages, and rehabilitation costs for those injured on the job. In relation to this, there are limitations to workers’ compensation claims. Workers cannot sue their employers directly for negligence, and compensation for pain and suffering is not included. This is why it’s crucial to consult with a construction accident lawyer, as there may be other avenues to pursue compensation.
Third-Party Liability
While workers’ compensation protects employees, it does not necessarily preclude third-party liability. This means that if your accident was caused by a third party—such as a subcontractor, equipment manufacturer, or property owner—you may be able to file a personal injury lawsuit in addition to your workers’ compensation claim. For example, if faulty equipment caused the accident, the manufacturer of that equipment could be held liable for the injuries you sustained. Similarly, if a property owner failed to maintain safe conditions on the site, they might be responsible for damages.
Construction Accident Lawsuits
Construction accident lawsuits can be complex, especially when multiple parties are involved. If a third party’s negligence contributed to your injuries, you have the right to file a personal injury lawsuit to seek compensation for pain and suffering, loss of enjoyment of life, and other non-economic damages. New York’s Labor Law specifically protects construction workers, and violations of certain sections of this law, such as Labor Law § 240 (the “Scaffold Law”), can hold property owners and contractors strictly liable for accidents involving falls or falling objects.
How a Manhattan Construction Accident Lawyer Can Help
Investigation and Evidence Gathering
A skilled Manhattan construction accident lawyer will conduct a thorough investigation into the accident. This investigation includes collecting evidence from the scene, interviewing witnesses, reviewing safety protocols, and determining whether any third-party negligence contributed to the accident. In cases involving violations of safety regulations or codes, an experienced attorney can use this information to build a strong case.
Assisting with Workers’ Compensation Claims
While workers’ compensation is generally the first avenue of compensation for construction accidents, navigating the system can be challenging. Your lawyer can help ensure that you receive the full benefits you are entitled to, including any necessary medical treatments or rehabilitation. If your workers’ compensation claim is denied or delayed, your lawyer will advocate on your behalf to ensure you receive the benefits you deserve.
Pursuing Personal Injury Claims
In situations where a third party is responsible for the accident, a lawyer can help you file a personal injury claim to seek additional compensation. This can include recovering damages for pain and suffering, emotional distress, and loss of future earning capacity. Your attorney will also handle all negotiations with insurance companies and other parties involved to ensure that your rights are protected and you receive a fair settlement.
Statute of Limitations for Construction Accidents in New York
In New York, the statute of limitations for filing a personal injury lawsuit after a construction accident is typically three years from the date of the accident. Based on this, the deadline may vary depending on the type of claim. For instance, if you’re filing a claim under the New York Labor Law, the statute of limitations may be shorter. It’s crucial to consult with an experienced Manhattan construction accident lawyer as soon as possible to ensure that you do not miss any deadlines.
Common Types of Construction Accidents in Manhattan, NY
Construction sites present numerous hazards, and accidents can result in serious injuries. Some of the most common types of construction accidents in New York include:
- Falls from Heights: Including falls from scaffolding, ladders, or roofs, often governed by Labor Law § 240.
- Being Struck by Falling Objects: Heavy tools or materials can fall from heights and cause severe injuries.
- Construction Vehicle Accidents: Crashes involving bulldozers, cranes, or trucks on the construction site.
- Electrocution: Workers exposed to live wires or electrical systems.
- Trench Collapses: Improperly shored trenches can collapse, trapping workers beneath debris.
- Machinery Accidents: Malfunctioning or improperly maintained equipment can cause serious injuries.
Choose a Leading Manhattan, NY Construction Accident Lawyer Today
If you have been injured in a construction accident in Manhattan, Rosenberg, Minc, Falkoff & Wolff, LLP is here to represent you. With over four generations of exemplary legal practice in New York, our top-rated team of Manhattan construction accident attorneys has won over $1 billion for injured New Yorkers and maintains an industry-leading success rate of over 95%.
Recognized as “Top Personal Injury Lawyers” by the New York Law Journal and Martindale-Hubbell, we bring the resources and skills necessary to secure the highest possible compensation for you. When you choose our firm, you can rest assured that you have New York’s most powerful construction accident attorneys fighting for you. To schedule your free consultation, call us at 212-344-1000 or contact us online.