• Gabriel Sutton

Evidence That May Contribute to Your Construction Accident Claim

If you were hurt on a construction site, you may have grounds for a workers’ comp or personal injury claim. By taking action, you can pursue compensation for certain damages that you incur as a result of the accident such as medical bills and lost wages.

In order to recover a payout, though, you’ll have to present compelling evidence. The types of evidence you need will depend on a number of factors but may include some combination of the following:

1. Photographs of the Job Site

If the accident occurred because of a visible hazard like compromised scaffolding or excessive clutter, photographs of the site will bolster your claim. If you managed to shoot the scene in the aftermath, give the images to your legal team for review and safekeeping.

2. Eyewitness Deposition

Those who witnessed the accident—construction workers, passersby, etc.—may be able to corroborate your own assertions regarding the cause of the accident. Since such testimony becomes less reliable as time goes on, however, it’s important to obtain statements from everyone as soon as possible.

3. The Incident Report

Regardless of whether you were working at the site or merely walking past it, the foreman should have drafted an official incident report. While this document—no matter how detailed it may be—won’t eliminate the need to conduct an investigation of your own, it could at least provide a jumping off point for your legal team.

4. Medical Records

Whether you end up filing a personal injury claim or a workers’ compensation claim, your medical records will play a critical role in the proceedings. As long as you sought care immediately following the accident, these records should help prove causation by demonstrating a link between the incident and your condition.

It’s important to note that if you intend to seek workers’ compensation benefits, you must see a physician who has been approved by the state board, unless an exception applies. For example, if your injuries are life-threatening, you can simply visit the nearest emergency department. If, on the other hand, your injuries don’t demand immediate attention and your employer’s insurer is part of a preferred provider organization, you may have to choose from a doctor within their small network.

5. Receipts and Paystubs

Before you can recover damages, you’ll have to prove that you did, in fact, incur them. Therefore, it’s imperative that you save all documentation corresponding to your injury-related expenses.

Call 855-585-2969 for a Free Consultation with a New York Construction Accident Lawyer

If you sustained serious injuries on a construction site, contact Leitner Varughese to see if you have grounds for taking action. We’re proud to represent accident victims in Long Island, New York City, and throughout the rest of the state.

Backed by more than 35 years of collective experience in the legal field, we’ve recovered more than $150 million for clients in personal injury and wrongful death cases. Call 855-585-2969 or fill out our Contact Form to schedule a free consultation with a construction accident attorney in New York.


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The information you obtain on this site is not, nor is it intended to be, legal advice.  You should consult an attorney for individual advice regarding your own situation.

*Prior results do not guarantee a similar outcome.  The Firm's attorneys acted as trial counsel, attorneys of record and/or otherwise facilitated in the recoveries of the stated verdict and settlements.  Certain verdicts and settlements achieved by trial counsel and/or outside counsel.  Attorney advertising.