Construction workers at a New York building site
Step-by-Step Guide

What To Do After a
Construction Accident

The steps you take after a construction accident can significantly impact your ability to recover compensation. Here's what you need to know.

1

Seek Medical Attention Immediately

Your health is the top priority. Get medical treatment right away, even if injuries seem minor. Some injuries don't show symptoms immediately. Medical records also serve as crucial evidence for your case.

Key Actions:

  • Go to the emergency room or see a doctor immediately
  • Tell medical staff exactly how the accident happened
  • Describe all pain and symptoms, even minor ones
  • Follow all treatment recommendations
  • Keep copies of all medical records and bills
2

Report the Accident

Report the accident to your employer and the site supervisor as soon as possible. This creates an official record of the incident.

Key Actions:

  • Report to your direct supervisor immediately
  • Request a written accident report
  • Get a copy of the report for your records
  • Note who you reported to and when
  • Follow up if a report isn't filed promptly
3

Document Everything

Evidence can disappear quickly. Document as much as you can as soon as possible after the accident.

Key Actions:

  • Take photos of the accident scene if possible
  • Photograph any equipment involved (scaffold, ladder, etc.)
  • Take pictures of your visible injuries
  • Get names and contact info of witnesses
  • Write down exactly what happened while fresh in your memory
  • Note weather conditions and time of day
4

File for Workers' Compensation

Workers' comp provides benefits for medical care and lost wages. This is separate from any lawsuit you may file.

Key Actions:

  • File a claim with your employer's workers' comp carrier
  • You have 30 days to notify your employer of injury
  • You have 2 years to file a workers' comp claim
  • Keep records of all workers' comp communications
  • Don't sign anything without understanding it
5

Do Not Give Statements to Insurance Companies

Insurance adjusters work for the insurance company, not for you. Anything you say can be used to minimize your claim.

Key Actions:

  • Politely decline to give recorded statements
  • Don't sign any releases or documents
  • Don't accept any settlement offers
  • Refer all calls to your attorney
  • Document any contact from insurance companies
6

Consult with a Construction Accident Attorney

An experienced attorney can evaluate your case, explain your rights under Labor Law 240, and protect your interests.

Key Actions:

  • Consultations are typically free
  • Ask about their Labor Law 240 experience
  • Understand the fee arrangement (typically contingency)
  • Bring all documentation to the consultation
  • Don't wait — evidence and witnesses can disappear

Common Mistakes to Avoid

Waiting too long to get medical treatment
Not reporting the accident to your employer
Failing to document the scene and injuries
Giving recorded statements to insurance adjusters
Signing documents without understanding them
Accepting early settlement offers
Missing the statute of limitations
Not consulting with an attorney

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