Managing Partner
If you’ve been injured in a construction accident, all you want is to get your life back to normal. That can happen if you win the compensation that you deserve. Unfortunately, many accident victims make easily avoidable mistakes that weaken or delay their claims.
Understanding some of the most common mistakes that injured workers make can help you from falling into the same predicament. Having the right legal representation will make a difference in the outcome of your case. Turn to the New York law firm of Dell & Dean PLLC.
Not Reporting the Accident
Failure to report the accident immediately to a supervisor is a serious mistake. Notifying your employer is the first step in a workers’ compensation claim, and it also documents key details about the incident. Put simply: you should inform your supervisor right away, and in writing.
You need to do this whether you pursue workers’ compensation or personal injury. And both of these may be available to you.
Not Filing a Personal Injury Claim
While workers’ compensation provides important financial support to injured workers, you may also have a third-party personal injury claim. For instance, you may be able to file against a negligent:
- Property owner
- Contractor
- Subcontractor
- Architect
- Engineer
- Equipment manufacturer or retailer
Personal injury is distinct from workers’ compensation. A knowledgeable New York construction accident lawyer can review your case to determine if you have a claim against the above or other parties.
Not Seeking Medical Attention
You should seek medical attention right away, even if you do not believe you were seriously injured. You will need to do this for workers’ compensation and for personal injury, although the rules are slightly different for both processes.
Personal injury victims often make the mistake of waiting until their injuries become apparent before they see a doctor. Not only can this jeopardize your health, it could allow the at-fault party to blame you for worsening your injuries. Ultimately, it may hurt or delay your claim.
Not Documenting the Accident
Reporting your construction accident is one thing, but you need to document it as well. There are a few ways you can do so, including by:
- Taking pictures and recording videos: Record images of the accident scene and of your injuries. Include as much detail as you can.
- Getting eyewitness contact information: Get the name, phone number, and other contact information of anyone who witnessed the accident.
- Obtaining copies of accident reports: If anyone makes an official report of the accident, find out how you can get a copy of it.
- Collecting your medical bills: Don’t lose track of your medical bills as these will be a major component of the compensation you seek.
- Tracking your missed time from work: You should also keep up with how much work you miss due to your injuries.
- Making your own notes: Don’t forget to make personal notes about your injuries, including any daily limitations and pain and suffering you experience.
- Keeping up with miscellaneous expenses: You could be able to include miscellaneous out-of-pocket expenses related to your injuries in your compensation.
By taking quick action, you can expedite your claim. If you wait to collect this evidence it may take more time to receive the compensation you need to recover from your injuries.
Speaking With Insurance Adjusters
You may receive a phone call from an insurance adjuster asking about the accident. The insurer may request that you give a recorded statement about what happened. It is strongly advised that you do not speak with insurance until you talk to a New York personal injury lawyer.
Insurers are skilled at using victims’ own words against them. Admitting responsibility for the accident (even if you truly believe you were at fault), speculating as to the nature of your injuries, and even apologizing could hurt you later. Avoid these mistakes and talk to an attorney.
Filing a Lawsuit Too Late
New York construction accident victims have only three years to file a personal injury lawsuit. This is due to a deadline known as the statute of limitations. If you fail to file within this timeframe, the judge will dismiss your case, regardless of the severity of your injuries.
However, the strongest lawsuits are filed much sooner than the three-year deadline. By working closely with an attorney early in the process you can present the strongest case for the compensation you need.
That’s where Dell & Dean PLLC comes in. If you were hurt on a construction job site and wish to learn more about your legal options, schedule a consultation with us. You can give us a call or complete our online contact form to get started.
