Construction accidents in New York can be truly devastating, and workers who get hurt may not be able to do much at all until they receive significant medical treatment. Yet it is important nonetheless to understand what steps must be taken in order to be eligible for financial compensation after a serious construction accident in New York. The following are steps you should take if you were injured (or that you should help an injured family member take) in order to seek financial compensation after a New York construction site accident.
Notify Your Supervisor About the Injury ss Soon as Possible
New York workers’ compensation law requires any injured construction worker to notify a supervisor about an accident in writing. Ideally, the injured construction worker would notify the supervisor or employer as quickly as possible or even immediately, but the law requires that the notification occur within 30 days of the injury.
Seek Medical Attention and Treatment
You must seek medical treatment for your injuries after a construction accident. A healthcare provider can assess your injuries to ensure that you begin the best possible course of treatment toward recovery, and a healthcare provider can also give medical evidence that shows your injuries occurred in the construction accident you have described.
File a Workers’ Compensation Claim With the New York Workers’ Compensation Board
Once you have sought medical attention and you have notified your supervisor about the construction accident, your next step in seeking compensation should be to file a workers’ compensation claim. The sooner you file, the quicker you can be eligible to receive compensation for your medical care and lost wages. However, you must file your claim within two years from the date of the accident, or else you could lose your right to workers’ compensation benefits.
Determine Whether Your Employer or a Third Party Could be Liable
Could another party be liable? In some cases, a third-party—someone unaffiliated with the construction site directly—could be at fault for your injuries. At the same time, your employer’s own negligence may have resulted in your injuries. It is important to determine fault or liability in order to determine whether you can take additional steps after you seek workers’ compensation benefits.
File a Lawsuit Under New York Labor Law
If your employer violated Section 200, 240, or 241 of New York Labor Law, which are laws concerning safe construction site workplaces, you could be eligible for a remedy. You can file a claim under New York Labor Law in addition to a workers’ comp claim.
File a Personal Injury Lawsuit Against a Negligent Third Party
While you cannot file a personal injury claim against a negligent employer (which is distinct from a claim under New York Labor Law), you could be eligible to file a personal injury lawsuit against a negligent third party.
Get Help From a New York Construction Accident Attorney
Most importantly, once you have notified your employer of your injury and you have received immediate medical treatment, you should seek advice from an experienced New York construction accident lawyer. Unlike many other states, New York not only permits injured construction workers to seek compensation through the workers’ compensation system, but state law also allows injured construction workers to file claims against negligent employers under New York Labor Law in certain circumstances.
An experienced attorney at our firm can help you to determine the best course of action for obtaining financial compensation. Contact Leitner Varughese Warywoda PLLC to learn more about construction accident claims in New York and how a lawyer at our firm can assist you.