If you suffered injuries in a construction accident, you must report the accident to your foreman or employer, but there are other steps you also must take if you hope to receive compensation for your injury.
Seek medical attention
First things first! If you have been hurt, seek medical care and attention immediately. If you need an ambulance, ask for one to be called. Tell the truth about how your accident happened, and don’t let others persuade you to tell different versions of the facts to protect your employer. Before you worry about your construction accident report, make sure you address your health. We are assuming you are not reading this at the site of your accident, where it is most probable that you already received medical assistance for any immediately apparent injuries.
Rather, we are underscoring the need for you to visit a health care professional after the accident once the immediate threat to your safety has passed.
Report the accident to your foreman or employer
Your construction foreman may or may not be aware of your accident. Do not assume they received word of the incident. Even if you verbally told your co-worker about it, this notification will not always help you if your employer does not have actual knowledge of your construction accident.
You should give notice of the accident so that your employer can file the correct reports with Workers’ Compensation and his insurance carrier so that your medical bills and lost wages are paid. Try your best to obtain the advice of your attorney as soon as possible.
Document all witnesses
Gather the names and contact information for any bystanders or coworkers who were eyewitnesses to your construction accident. You should also consider getting this information from anyone who can provide testimony about the construction site factors that contributed to your accident. Your attorney can perform this investigation for you.
Perhaps they can speak to a history of safety problems, lack of training, or the fact that someone knew about the safety hazard before the accident but did nothing to resolve it.
If your construction accident case winds up in court, it will help your case to have a list of witnesses on hand who are ready to give testimony on your behalf.
Seek legal counsel
A lawyer who knows the intricacies of New York’s labor laws can protect your rights when it comes to recovering compensation for your construction accident injuries.
New York Labor Law 240(1)
If your injuries resulted from a fall or from being struck by a falling object while you worked on a construction site, Labor Law section 2401(1)—also known as New York’s Scaffold Law—holds certain building owners and general contractors 100% liable.
They are required to take the necessary steps to keep workers safe. Examples of the measures they can take include ensuring safe scaffolding, harnesses, pulleys, hoists, slings, ladders, stays, and other safety equipment.
New York Labor Law 241
Contractors and certain building owners must comply with safety regulations to protect construction workers. Failure of a contractor or responsible owner to comply with the law will expose them to damages.
New York Labor Law 200
New York Labor Law 200 speaks to the proper and safe operations at a construction site. Providing workers with a safe place to work. Again, this responsibility falls upon certain building owners and contractors. A contractor and/ or owner will be held responsible for damages if a worker is injured through negligence.
Connect with a lawyer who has experience with these laws—someone who can show you results from representing plaintiffs in previous construction accidents.
Hundreds of Millions of Dollars in construction accident verdicts and settlements
When a lawyer helps you make a thorough and well-documented construction accident case, you have taken a significant step toward recovering damages resulting from your injury.
The legal team at Oresky & Associates, PLLC has more than 30 years experience helping the injured people across the five boroughs of New York. To date, we have won over $400 million in settlements and verdicts for our clients.
Here are some examples of just a handful of settlements and awards we have won within the construction industry alone:
- $18 million verdict for an undocumented worker who had two surgeries after falling from a scaffold
- $9.9 million settlement for a construction worker injured on the job
- $7.5 million for an undocumented worker who required multiple surgeries after falling off a sidewalk bridge
- $6,598,094 for a taper injured when a scaffold supporting his ladder collapsed
- $6.6 million for a worker who suffered serious injuries after falling from a scaffold
We can help with your construction accident report and fight for your compensation
Our legal team and bilingual staff have earned the admiration and respect of our clients. To them, we are a family member they can trust. We are honest, forthright, and ready to fight on your behalf to get you the compensation you deserve.
Call Oresky & Associates, PLLC today for a free consultation: (718) 993-9999.