I’ve been in an Accident. Now What?

Regardless of how you feel, see a doctor immediately after an accident occurs at the construction site. A doctor visit will protect your health, above all. It also will document your injury, which will be necessary if you are to seek compensation.

Tell the doctor that your injury happened while you were doing assigned job duties at a construction site. Provide your employer’s name. Your employer may require you to see a doctor provided by the company (or its insurer).

If you do not follow your employer’s mandate, you should be aware that you could harm your eligibility for workers’ compensation medical benefits. However, going to a different doctor would not impact the potential recovery in a Labor Law claim.

As soon as possible, notify your supervisor (or whoever you are instructed to tell) that you have been in an accident and suffered an injury. For the sake of workers’ compensation benefits, you must submit this report within 30 days after your injury. Tell your employer what happened. You should do this in writing and as soon as possible. Save a copy of your report.

Do your best to preserve all evidence relating to your construction accident and injury. Retain – and do not wash – the clothes you were wearing on that day. Keep any casts, splints or slings you have used. Take photos of your injuries as well as photos of the accident scene, including shots of any scaffolding, tools, machinery, safety devices or vehicles involved. If your injury involved defective tools, harnesses or other gear, make sure those items are not lost or destroyed. If you cannot handle these matters, find a “point person” to do it for you.

Start a file for all of your accident records. The file should include copies of your accident report, medical invoices, prescriptions, correspondence with your employer or its insurer, workers’ compensation records and receipts for all expenses that are related to your accident and injury. You may also want to keep a journal that details how your injury has impacted your enjoyment of life.

If you are seeking workers’ compensation benefits, you will need to make sure that you are meeting all of those deadlines. Additionally, you should pay attention to deadlines you may need to meet concerning your Labor Law claim. For instance:

• You must file a personal injury suit within three years from the date of your accident.
• If the claim is against a state agency, you must give the state notice of your intent to sue within 90 days of the accident and file a lawsuit within two years.
• If the claim involves a local government agency, you must meet the 90-day notice requirement and file a claim within one year and 90 days after the accident.
• A wrongful death claim must be brought within two years of your loved one’s death.

You should promptly meet with an attorney who focuses on New York construction accident cases and has a firm understanding of your rights and options under New York Labor Law. An attorney can immediately help you to preserve evidence and can deal directly with insurance companies on your behalf.

The attorney can also investigate your case, perform legal research and file a lawsuit seeking a recovery for you. The lawyer can ultimately pursue a timely settlement for you or present a powerful case on your behalf in court.

You should be careful about discussing your construction injury with anyone besides your attorney and your close circle of family and friends. For example, your employer’s insurer or their lawyers may try to talk to you about your claim in hopes that you will downplay your injury or say something else that will harm your right to full compensation. If you have enlisted the assistance of a lawyer, you can refer them to your attorney instead of answering questions.

You should let your employer know you have been injured in an accident as soon as possible. Report your accident and injury in writing. You should note that you must do this within 30 days to maintain your eligibility for workers’ compensation benefits.

To recover in a Labor Law claim, you will need medical reports that show how badly you have been injured. See a doctor as soon as possible if you did not receive emergency care after a construction accident.

Make sure every doctor you see knows you were hurt while performing your job duties as well as the name of your employer. Make sure you go to each and every doctor’s appointment as you recover – no matter how you feel. Make sure you follow the doctor’s orders for treatment, medication and even returning to work.

Recovering damages in a Labor Law claim comes down to showing how badly you were hurt and how much it has cost you. You should create a file and save copies of everything connected to your accident.

This includes all receipts for medical care, medicine, transportation to doctor appointments and therapy. Save all medical reports and all correspondence. If you are receiving workers’ compensation benefits, your doctor should give you a report at each visit to turn into your employer. Make a copy for yourself. Save or get copies or photos of anything that shows how you were hurt and how badly you were hurt.

You may hear from your employer, its attorneys or its insurance company. Answer questions truthfully but do not downplay your injuries. Do not provide information that is not requested. Do not sign anything.

Also, do not make statements to others or pose for photos. Never make comments or post photos in texts or on social media (Facebook or Twitter). You should talk about your construction accident case only with family and friends that you know and trust.

Many of the problems you are likely to face if you have a Labor Law claim can be handled by your attorney. Once you hire a lawyer, you can refer every question about your claim to your attorney. Your attorney works to ensure you receive all of the compensation you are legally entitled to receive. He or she will make sure your claim is the best it can be and help you to avoid mistakes that could hurt it.

Unfortunately, if you fail to take action within certain time periods, you can lose your right to seek compensation through a Labor Law claim. These time periods are called the “statute of limitations.”

Generally speaking, you have three years from the date of your accident to bring a personal injury claim and two years from the date of a loved one’s death to bring a wrongful death claim.

However, the rules are different if the case involves a government agency.

If the construction site owner, contractor or agent you are suing is a state agency, you must give the agency notice of your intent to sue within 90 days after the accident and then file a claim within two years of the accident.

If the party is a local government agency, then you must give notice within 90 days and file a lawsuit no later than one year and 90 days from the accident.

Keep in mind that it takes time for a lawyer to investigate, research and prepare a case under the Labor Law. In order to ensure your lawyer has sufficient time to complete these tasks before the statute of limitations runs, you should meet with a lawyer without delay after your construction accident.