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Learn The Top 5 Mistakes to Avoid After a Construction Accident in New York From A Workers Comp Lawyer

Updated: Apr 6


New York Workers Comp Lawyer

5 Mistakes To Avoid In Your NY Workers Comp Case


Our New York Workers' Comp Lawyers Explain - Construction sites, while essential to New York's ever-changing skyline, are inherently dangerous. Accidents happen, unfortunately, and those injured face a complex road to recovery. Sadly, well-intentioned actions in the aftermath of a construction accident can jeopardize your chances of obtaining the full compensation you deserve. It's always a good idea to contact a local New York workers comp lawyer. If you can't call us today, this blog will arm you with the introductory knowledge you need to ensure you avoid these 5 common critical mistakes.


Mistake 1: Not Reporting the Accident

It may seem obvious, but failing to promptly and correctly report your construction accident is a huge mistake. Insurance companies and employers may try to dispute the validity of your injuries if you don't document them immediately. In New York, you have specific legal deadlines:

  • To Your Employer: You must inform your employer of a work-related injury as soon as possible, and usually within 30 days.

  • To Workers' Comp Board: You generally have two years to file a formal workers' compensation claim in New York.


What to Do: Notify your supervisor immediately, even for seemingly minor incidents. Get a written incident report documenting the date, time, location, and how the accident occurred.


Mistake 2: Minimizing Your Injuries

"Toughing it out" is a mentality ingrained in many construction workers. But downplaying your pain can have serious consequences. Seemingly minor injuries can worsen over time, and if you initially minimize them, it damages your claim's credibility.


What to Do: Get immediate medical attention, even if you "think" you're fine. A doctor's assessment is vital. Follow ALL treatment recommendations and don't miss appointments, as this can be used against you later.


Mistake 3: Giving Recorded Statements to Insurance Companies

Insurance companies are not your friend after a construction accident. Their adjusters are skilled at getting you to say things that could minimize their payout. Remember, anything you say on record can be used to reduce or deny your rightful compensation.


What to Do: Exercise your right to remain silent. Politely decline to give a recorded statement until you have legal counsel present. A construction injury lawyer in New York will protect your interests during communications with the insurance company.


Mistake 4: Returning to Work Too Soon

The financial strain after an injury is real. It's tempting to return to work before fully healed. However, this is a huge mistake. Pushing your body too soon can worsen your injuries and set back your recovery. It also sends the message that you're not as seriously hurt as you claim.


What to Do: Listen to your doctors! Their work restrictions are in place for a reason. Obtain detailed documentation of your limitations and inform your employer. A proper recovery is essential for protecting your long-term health and your claim's value.


Mistake 5: Accepting a Quick Settlement Offer

Insurance companies thrive on claimants not knowing their case's full worth. They'll often rush to offer you a settlement that sounds good but actually undervalues your damages. These offers rarely consider long-term medical expenses, potential lost future earnings, or the full impact your injuries have on your life.


What to Do: Never accept a settlement without consulting an experienced New York construction accident lawyer. Your attorney can assess factors like lost wages, medical costs, pain and suffering, and potential future losses, fighting for the maximum compensation you're entitled to.


The Importance of Understanding Third-Party Liability

Many construction workers are under the impression that workers' compensation is their only legal option after an injury. While workers' compensation is an important safety net, it may not represent the full amount of compensation you deserve.

In some cases, there may be "third parties" beyond your employer who also hold responsibility for your accident. These could include:

  • Building Owners: Property owners have a duty to maintain a reasonably safe construction site.

  • General Contractors: General contractors often oversee safety protocols, and their negligence can contribute to accidents.

  • Equipment Manufacturers: If defective tools or machinery caused your injury, the manufacturer could be liable.

  • Other Subcontractors: If another subcontractor's actions caused your accident, there may be a claim against them.


Case Example:  Leitner Varughese Warywoda recently secured a $7 million settlement for an ironworker who slipped and fell on a NYC construction site. Our investigation revealed that a different subcontractor had left debris in the area, creating a dangerous hazard that wasn't properly marked. A third-party liability claim can supplement your workers' compensation benefits, helping cover expenses like:

  • Medical bills beyond what workers' compensation covers

  • Lost wages if you're unable to return to work

  • Pain and suffering

  • Long-term disability costs


Determining Third-Party Liability In Your New York Workers Comp Case

Cases involving these claims are often complex. An experienced New York construction injury lawyer can investigate whether third-party liability applies in your situation.


Understanding third-party options empowers you to seek full and just compensation after a construction accident. Suffering a construction site accident in New York is traumatic enough. Don't make it worse by falling prey to these common pitfalls or by assuming workers' comp is your only recourse. Being informed and proactive greatly strengthens your position.


Contact A Local New York Workers Comp Lawyer

If you've been injured in a construction accident, getting legal help is crucial. Leitner Varughese Warywoda offers free consultations to discuss your case and help you understand your options. Contact us today!


email: info@lvlawny.com | voice call: (212) 671-1110 | text message: (631) 886-4260

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