According to the Occupational Health & Safety report, there were 712 construction-related incidents in New York City in 2021, along with 505 injuries and nine fatalities. In contrast, in 2022, there were 751 incidents, 554 injuries, and 11 fatalities. The number of injured laborers continues to rise across the nation, particularly in New York, where daily construction projects are in progress. Despite the fact that some hazardous construction sites comply with local and federal safety regulations, many workers continue to place themselves in grave peril on a daily basis.
In general, a construction worker who sustains an injury in a construction site accident is eligible to pursue financial compensation, regardless of whether they caused the accident or not. This includes subcontractors who, in many cases, were not hired directly by the property owner.
If you have received a call that your spouse was injured at a construction site, it is wise to read through the steps below and to consult with an experienced construction accident attorney immediately. Brandon J. Broderick, Attorney at Law, is prepared to defend your rights and obtain compensation for any losses you and your spouse have sustained.
1 - Receive Medical Care and Take Photographs
Sadly, the stereotype that men are less likely to seek medical treatment is frequently accurate. Men may wish to "walk off" a work-related injury because they fear losing their employment.
All too often, this worsens injuries. No matter how minor the injury may appear, prompt medical treatment is always the best option.
If your spouse has been injured on the job, get him to a doctor immediately. Symptoms can frequently worsen in the hours following an incident; therefore, time is of the essence. Even if he refuses to go to the emergency room, he must be seen by a licensed medical professional.
Once he is receiving treatment, capture as many photographs as possible of his injuries. Then, once a diagnosis has been made, all of the doctor's orders must be followed to the letter. This documentation can only be used to support future insurance claims.
2 - File a Report With the Construction Company as Soon as Possible
A paper trail is vital to your case! As stated previously, the more evidence you can provide, the stronger your case will be.
Filing quickly will preserve your options throughout the legal process. Employers are required to submit a First Report of Injury Form. Spend time reviewing every detail in this report with your spouse. You must ensure that the report is entirely accurate and that no details are omitted. Even if your spouse does not feel secure blaming his employer for the accident, it is imperative that a report be filed.
3 - Building a Case Outside of Workers' Compensation
Many employers require employees to sign employment contracts that prohibit them from suing the employer in the event of injury. Therefore, submitting a workers' compensation claim is typically the next logical step.
In certain circumstances, however, it is still possible to file a lawsuit. It will be against a third party rather than against your employer. Typically, the property owner will be held responsible. You may still submit a standard Workers' Compensation claim regardless, and any potential lawsuit you file would be in addition to that.
4 - Hire a Reliable and Skilled Construction Accident Lawyer
Cases involving workers' compensation, particularly in the construction industry, are often complex. Insurance companies are not on your side. They are only concerned with their own interests and will go to great lengths to provide you with the lowest possible compensation.
Skilled and dependable attorneys make all the difference in these cases. They will guide you through, step-by-step, how to determine strong or weak evidence, what legal procedures exist and are applicable to your case, and what additional protocols you have to follow to prevent further harm.
You cannot afford to wait for your husband's employer to take the appropriate action. And you cannot depend on insurance companies to provide for you. You must act immediately because the legal process is already slow enough. Insurance disputes and court proceedings are very time-consuming. A construction accident attorney can save you time while your spouse heals.
A New York Construction Accident Attorney at Brandon J. Broderick Can Help You Today
If you are unsure of who is responsible for your construction accident injury or if you need to file a lawsuit against a third party to recover compensation, you should seek representation from an attorney. Brandon J. Broderick's New York construction accident attorneys are available to assist you. We have extensive knowledge and years of experience in construction accident injury law. Our team is prepared to assist you in obtaining the appropriate compensation.
Call us today to discuss your claim and to learn more about the services we offer.