What Do You Do If You Are Injured in a Construction Site Accident in New York?

What Do You Do If You Are Injured in a Construction Site Accident in New York?

Construction sites that follow OSHA guidelines and safety regulations try to prevent any accidents to the site and its workers.  But what do you if you are unexpectedly injured on a construction work site??

The Injury Report

First, inform the site supervisor of the injury and the status of the injured.  The supervisor is required to file a report about the accident.  If the injury is severe, medical attention will be immediately sought first.  The report will include the causes, factors, and conditions of when the accident occured.  Try to report every detail to your supervisor.  The report will probably come up during your claim.

Medical Examination and Treatment

If discharged from the hospital, keep all records of evaluations and examinations that the hospital performed. Then, seek the medical attention from your private or family doctor and be forthcoming about any injury or pain that you feel.  During these trying times, it is also important that you keep thorough records of all days off.

Contact an Experienced Lawyer

The Construction Accident Attorneys at The Orlow firm have been defending Construction Accident victims in New York  since 1981. With extensive experience on various practice areas, including truck and bus accidents, we are the best choice to handle your case. We have received millions of dollars in compensation for our clients. We know how to protect your rights and ensure that you and your family are fairly compensated.

If you have been injured in a construction accident, you should contact a lawyer as soon as possible to discuss your rights to compensation.

Call us today at (646) 647-3398.


Can A New York Construction Worker Collect More Than Workers’ Compensation?

Our NYC Construction Accident Attorneys at The Orlow Firm are well versed in matters concerning construction accidents which include supervisor negligence, elevator accidents, as well as forklift accidents.

“If you are injured at a construction site, you are entitled to collect
Workers’ Comp, because anyone who’s injured on the job is entitled to
collect Workers’ Compensation benefits. But you also may be entitled to have
what we call a third party action, meaning a lawsuit against some other
entity, other than your employer, who may be responsible for what happened
to you.

I often get calls from people who are injured at construction sites, and
they don’t even realize that there may be other entities that could be
responsible for what happened to them, other than their employers. Most
often those other entities will be the owner or will be the general
contractor, and very often also it can be another sub-contractor, other
than the subcontractor that the client was employed by, who may also be
responsible for what happened, depending on the facts and the circumstances
of the event.

So, the answer is absolutely yes. You can have multiple means of recovery
going on at once. You can have Workers’ Compensation, and at the same time
you can have a third party action against another responsible entity or


Let An Attorney Handle Your Workers Comp Claim

If you are injured in a construction accident in New York, you should contact a construction accident attorney before you apply for workers comp insurance. Insurance companies hire experienced attorneys to investigate construction accidents in order to find evidence that will help them pay out the smallest benefit amount possible.

An experienced construction accident attorney New York knows what to look for in a construction site accident case. They can help develop legal arguments with medical testimony from doctors to describe the extent of your injuries. This gives you the best possible chance of obtaining the maximum benefit amount.

By hiring a lawyer, you can also focus on regaining health. You will need to spend time documenting the accident, injuries sustained and the cost of your medical bills so that your workers compensation attorney can build your case. But besides that, you have the piece of mind in knowing that an attorney is handling your claim for you, which can lower your stress level and enhance your recovery process.


Dealing With Third Party Construction Accidents

In many cases, construction workers who are injured on the job only receive workers compensation benefits.  But rarely does this compensation fully reimburse a worker for their pain, suffering and other losses.  If you are injured on the job you may be able to sue any third party in a personal injury lawsuit.

A third party claim can be filed against your employer for negligence or wrongful action of a third party.  This is especially common for construction accidents where there are several subcontractors involved.

Common third party accidents include:

  • Falling from scaffolding
  • Falling into an unsecured elevator shaft
  • Being hit by falling tools or building materials
  • Falling into trench
  • Being struck by a crane, fork lift or other construction vehicle

While you wait for your claim to go through, you can apply for and receive workers compensation benefits.  If you workers compensation attorney New York is able to recover damages for you, you are required to pay back the workers comp benefits you were paid with the money you are awarded.


Receive Worker’s Comp Benefits Then Sue?

Workers compensation is a mandatory benefit that provides financial resources to employees who are injured in a work-related accident.  Due to changes in New York’s workers compensation law, it’s now very important to obtain legal counsel before filing a worker’s comp claim.  A construction accident attorney in New York can help you.

If you are injured on the construction site, New York law prevents construction workers from suing their employers – even if the accident was caused by employer negligence.  If you are injured in a construction accident, you are likely to receive workers compensation benefits.  Though this is practice common, there are cases in which you can sue for damages.  These include:

  • Injuries caused by a defective product
  • Injuries caused by a toxic substance
  • Injuries caused by intentional or bad conduct of employer
  • If employer does not carry workers comp insurance
  • If a third party caused your injury.

In all but one of these accidents, a third party caused the accidents.  Though you cannot sue your employer, you can however sue a third party involved in your construction accident.