In this article, you will discover:
- When to report your construction site accident to your employer.
- How long you have to file your construction site accident claim or lawsuit in New York.
- How an experienced lawyer can protect your rights and help you secure just compensation.
Should I Report My Construction Site Accident To My Employer Or Union Right Away?
Yes, you need to report your accident to the union and your supervisor as soon as possible so it can be documented.
There are two components to a construction accident case: the workers’ compensation component and a case against a third party. In New York, you cannot sue your employer, so your remedy is workers’ compensation. That will cover your medical expenses and lost wages.
Is It Important To Take Photos Or Videos Of The Hazardous Condition, Defective Tool, Or Worksite?
Yes, if there’s potential for a third-party action, you want to take photographs. If you can, photograph the location where the accident occurred to document the instrumentality that may have caused the injury. The cause may be scaffolding, a collapsed ladder, or a trip-and-fall on construction material.
Your attorney is best qualified to evaluate and pursue a claim against any third parties who might be responsible for what happened.
How Long Do I Have To File A Construction Accident Claim Or Lawsuit Under New York Law?
If there’s a private defendant, you have three years to file. There are some exceptions. One exception would be a case against a municipality. In that event, you must first file a 90-day notice of claim.
Once the notice of claim is filed, it triggers a 50-H hearing, where the defendant’s attorneys have the opportunity to ask you questions about what happened. Following that, then you’re in a position to file your lawsuit against the city, and you have one year and 90 days to do that.
Regarding appropriate filing deadlines, it’s wise to seek guidance from an experienced lawyer as soon as possible.
How Can A Construction Accident Lawyer Protect My Rights And Help Me Recover Full Compensation?
When it comes to filing a claim, be it a construction accident or an auto claim, you need to consult a lawyer. You don’t want to do this yourself. There are too many pitfalls, and many things can go wrong.
If you say too much to the insurance company, it will come back and hurt you. You need an experienced lawyer who can control the information on your behalf and gather the necessary evidence to prosecute the case properly.
People who try to pursue claims on their own often find themselves in a desperate position: after three years, they’ve filed a lawsuit that’s about to be dismissed. Getting a lawyer involved can save you from problems you may have created unintentionally in your attempt to handle your claim.
Notes From The Field: How Do You Balance Being Compassionate With Giving Tough Legal Advice After An Accident?
I try hard to maintain an empathetic practice. I feel people’s pain when they come to me. However, as a lawyer, I see the reality of a case.
Having practiced for so long, I get a strong feeling from the beginning what a case may be worth and where the problems might be. Some clients don’t want to hear the bad news.
It took me a long time to learn how to say, “No, I’m not taking this case.” For example, I had a client who just called me with an injury resulting from a fall down steps. I received the photographs and questioned where the defect was that caused the fall. I must have a defect in order to prove liability.
I had to call the client and tell them that they don’t have a strong claim. That’s not easy, especially with clients I’ve had for a number of years.
You have to deliver the bad news with a level of empathy: “I understand you’re in pain, you’re angry, and you want justice, but you have to look at the facts. You don’t have a fact pattern that would make it through the court system in your favor.”
I have clients whose cases have a value, but it may not be the value that they’re looking for. I have to counsel clients objectively on what their case might be worth. I do so delicately by first talking about and empathizing with their injury. Then I move into discussing the value of that injury.
Sometimes, the client understands and appreciates honesty because they trust me. However, when they feel they deserve more than the law allows, it’s a delicate balance to navigate.
Ideally, I work with the client by showing them the law and the value of cases like theirs until the client and I agree on how to move forward.
Still Have Questions? Ready To Get Started?
For more information on what to do immediately after a New York construction accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 844- 47-FIGHT today.
