I got a call the other day from a client in a panic. He was injured at work and his employer called, and wanted to know about what happened, and about him making a claim. He was afraid to get back to the employer because he was afraid that if he called the employer, he would lose his job. You need to notify your employer of the happening of the accident as soon as possible. That’s to protect your workers’ compensation benefits. Your employer is required to carry workers’ compensation insurance, and that will pay for your medical expenses, and that will pay for your lost wages, but there are certain requirements that have to be met. One of the early requirements is that you notify your employer of the accident as soon as possible.
Mistakes to Avoid After a Construction Accident
People often ask me what some of the biggest mistakes are that are made when involved in a construction accident in New York. I had a client call me the other day who told me that a month ago, he had tripped over a two by four at a construction site while he was working, and he landed on his shoulder and suffered a shoulder injury. I asked him, “Did you notify your employer?” and he said, “No.” I asked him why. He said, “Because I was afraid of losing my job.” That’s mistake number one. They can’t fire you because you make a workers’ compensation claim. You must notify your employer in order to protect your workers’ compensation rights, and you need to do it as soon as possible. I asked him, “Did you go see a doctor?” He said, “No.” I said, “Why?” He said, “I work 10-hour days. I didn’t have the time, and I’ve just been dealing with the pain.” I said, “What have you been doing for the pain?” He said, “I’ve been taking Tylenol every day.” Mistake number two is not seeking medical attention right away.
The third thing that often happens –not with this particular client – is clients seek counsel, but they seek counsel who are not personal injury attorneys or not construction accident attorneys, who don’t know the ins and outs of litigation relevant to personal injury and construction accident type case. That can be problematic. They may take on your case, but they may not necessarily know the ins and outs that a personal injury litigation attorney would know.
Choosing a Construction Accident Attorney
If you’re here, there’s a good chance that you were involved in a construction accident and you’re now considering hiring an attorney. You may want to know, “What do I look for in an attorney to know that that attorney is going to do the best that they can possibly do for me?” You want an attorney that has experience in personal injury litigation and construction accident cases because that’s the type of attorney that will be able to guide you through the process and know how to litigate the case if it’s a case that requires litigation. When I say litigation, I’m talking about a case that must be pursued in the court system.
Did you or a loved one suffer a serious injury on a job site and have questions about our 3 construction accident facts? Contact a New York construction accident lawyer at The Law Offices of Brian J. Elbaum today for a free confidential consultation and case evaluation. Let our experience work for you.
