How Do I File a Construction Accident Injury Claim in New York?

If you have been injured on a construction site in New York, you may be facing not only physical pain but also the stress of lost wages and mounting medical bills. Understanding how to file a construction accident injury claim can help you secure the compensation you need to support your recovery. Below, we provide a detailed guide on the steps to take following a construction injury in New York. For personalized assistance, contact Leandros A. Vrionedes, P.C. to speak with an experienced New York City construction accident attorney.

Step 1: Seek Immediate Medical Attention

Your health is your first priority. If you are injured on a construction site, seek medical attention immediately. This not only ensures your well-being but also provides a medical record that serves as essential evidence for your injury claim. Make sure to follow all medical advice and keep detailed records of any treatments, medications, and follow-up care.

Step 2: Report the Injury

Notify your employer or the construction site manager of the injury as soon as possible. New York law requires that most work-related injuries be reported within 30 days. Failing to report your injury in a timely manner can jeopardize your ability to receive workers’ compensation benefits.

Step 3: Document Everything

Collect as much information as you can about the accident and your injuries. This includes taking photographs of the accident scene, your injuries, and any equipment or conditions that may have contributed to the accident. Also, gather the names and contact information of any witnesses. Keeping a detailed diary of your physical and emotional recovery can also be helpful.

Step 4: File a Workers’ Compensation Claim if Applicable

In New York, most workers are covered by workers’ compensation, which provides benefits for medical care and a portion of your lost wages. To initiate a workers’ compensation claim, you must fill out and submit the Employee Claim (C-3) form to the New York State Workers’ Compensation Board. It is advisable to file this form as soon as possible after the accident.

If you were injured while performing services for a contractor, you are presumed to be the employee of that contractor for the purpose of workers’ compensation, subject to how you come out on the independent contractor test contained in New York’s Construction Industry Fair Play Act. If you are not covered by workers’ comp, you might have a claim against the building owner, contractor or a negligent third party who caused the accident.

Step 5: Consult with a Personal Injury Lawyer

Construction accident claims can be complex due to the involvement of various parties and potential third-party claims. New York Labor Laws like Section 200, Section 240(1) (the “Scaffold Law”) and 241 impose liability on owners and contractors, including strict or absolute liability for certain accidents. Different facts must be proven to establish liability depending on the applicable liability law. Consulting with a personal injury lawyer with expertise in construction accidents can provide you with invaluable guidance. An experienced attorney can help you navigate the legal process, represent you in negotiations with insurance companies, and ensure that all potential sources of compensation are pursued.

Step 6: Consider Third-Party Claims

In addition to workers’ compensation, you may have the right to pursue a third-party claim if someone other than your employer was responsible for the accident. This can include manufacturers of faulty equipment, subcontractors, or property owners. Third-party claims can provide compensation for damages not covered by workers’ compensation, such as pain and suffering.

Step 7: Follow Through with the Legal Process

Once you have filed your claim, it is important to stay engaged with the process. Attend all medical appointments and legal meetings. Keep your lawyer informed about your medical progress and any communication from insurers or your employer. Your attorney will handle the majority of the legal work, but your input and cooperation are crucial to achieving a successful outcome.

Help With Construction Accident Injury Claims in New York City

Filing a construction accident injury claim in New York involves several critical steps, from seeking medical attention to possibly initiating legal action. At Leandros A. Vrionedes, P.C., we understand the challenges you face after a construction accident. Our experienced personal injury attorney is committed to advocating for your rights and helping you secure the full compensation you deserve. Call us today at 212-889-9362 for a free consultation and let us help you navigate your path to recovery.