If you were seriously hurt at a construction site through no fault of your own, the things you do—or fail to do—in the days and weeks that follow will influence any claims you end up filing. In other words, just because the accident could have been prevented doesn’t mean you’re automatically entitled to compensation.
In order to recover a payout, you’ll have to put together a strong claim. You’ll also have to take reasonable measures to mitigate damages.
If you have no idea what any of that entails, we can help. Read on for some of the most important steps to take following a construction accident so you can preserve your right to take action:
1. Get Medical Attention
Your first priority following the accident should be your health. As such, it’s imperative that you get prompt medical care. Even if you were able to walk away from the scene, you may have sustained serious injuries that aren’t yet apparent.
Thankfully, you should be able to choose your own physician. This is true even if you intend to proceed with a workers’ compensation claim and not a traditional personal injury claim. In New York, employees generally don’t need to seek treatment from an approved provider for their medical bills to be covered by their employer’s workers’ compensation insurance.
2. Document the Accident
If the hazard that caused the accident still exists, ask a coworker to photograph it. Otherwise, write down everything you can remember about the incident. No detail is too small to include. Examples include the date, time of day, and weather conditions, as well as the names of all those who witnessed the accident.
3. Report the Incident
In order for your case to proceed, you must report the incident to your employer in writing. This is true even if your supervisor witnessed the accident. In the report, request that your employer notifies their insurance carrier right away so as to prevent any unnecessary delays.
4. Follow All Medical Advice
If you ignore your doctor’s orders, the insurance adjuster may claim that you failed to mitigate damages. This, in turn, could reduce the total compensation you’re entitled to seek.
5. Seek Legal Counsel
The sooner you hire a personal injury attorney, the sooner you can start building your claim and pursue the compensation you deserve. Enlisting help right away will also ensure you don’t make critical mistakes early in the proceedings that jeopardize your chances of recovering a payout later on. What’s more, it will allow your legal team to obtain time-sensitive evidence while still available.
Speak with a New York Construction Accident Attorney
At Leitner Varughese, we understand the devastating impact a construction accident can have on the whole family. If you were seriously hurt on the job, we’ll help you take the steps needed in the aftermath to pursue the maximum payout possible.
Call 855-585-2969 or complete the Contact Form on our website to schedule a free case review with a construction accident lawyer in New York. We’re proud to counsel clients across Long Island, New York City, and the rest of the state.
