Construction work is one of the most hazardous jobs out there. Workers are constantly exposed to dangerous equipment, hazardous materials, and high elevations, making construction sites extremely dangerous. According to the Occupational Safety and Health Administration (OSHA), more than 5,000 workers died on the job in 2019 alone. Unfortunately, many of these accidents occur in Cheektowaga, NY, and many workers don’t know what to do when they are injured on the job. If you or a loved one has been injured in a construction accident, it’s essential to know how to file a claim. Here are the steps you should take:
Get Medical Attention
The first step after any construction accident is to seek medical attention. Even if you think your injuries are minor, you should see a doctor. Some injuries, like concussions and whiplash, may not show symptoms right away. Getting medical attention can also help you establish a record of your injuries, which is essential when filing a claim.
Report the Accident
It’s essential to report the accident to your employer or supervisor as soon as possible. In New York State, you have 30 days to report the accident to your employer, but it’s best to do it right away. Your employer is required to fill out an accident report and send it to the workers’ compensation insurance carrier. The report should include details about the accident, including the date, time, and location, as well as the names of any witnesses.
File a Workers’ Compensation Claim
Workers’ compensation insurance is designed to cover medical expenses, lost wages, and other costs associated with a workplace injury. In New York State, most employers are required to carry workers’ compensation insurance. You can file a claim by filling out a C-3 form and submitting it to the Workers’ Compensation Board. You should also provide a copy of the accident report filed by your employer.
Consider Hiring an Attorney
If you’ve been injured in a construction accident, it’s a good idea to consult with an attorney who specializes in workers’ compensation claims. An attorney can help you navigate the claims process, negotiate with the insurance company, and ensure that you receive the compensation you deserve. They can also represent you if your claim is denied, and you need to appeal the decision.
Keep Track of Your Expenses
Keep track of all the expenses related to your injury, including medical bills, lost wages, and travel expenses. This information will be important when filing your claim and can help ensure that you receive the maximum compensation possible.
Follow Your Doctor’s Orders
It’s crucial to follow your doctor’s orders and attend all medical appointments. Failure to do so can hurt your claim and make it more difficult to receive compensation. Your doctor will provide medical records and documentation of your injuries, which can be used to support your claim.
Be Careful What You Say
Be careful what you say to the insurance company or your employer after a construction accident. Avoid admitting fault or downplaying your injuries. Anything you say can be used against you when filing a claim. It’s best to consult with an attorney before speaking to anyone about your accident
Stay Organized
Keep all documentation related to your claim organized and in one place. This includes medical records, receipts, and correspondence with the insurance company or your employer. Having everything in one place can make it easier to provide information when necessary and can help support your claim.
Be Patient
The claims process can take time, and it’s essential to be patient. It can take several months for the insurance company to review your claim and make a decision. If your claim is denied, you can appeal the decision, but that can also take time. It’s important to stay calm and work with your attorney to ensure that you receive the compensation you deserve.
Filing a construction accident claim can be a stressful and overwhelming experience. However, with the right information and support, you can successfully navigate the process and receive the compensation you deserve. Remember to seek medical attention, report the accident, file a workers’ compensation claim, and consult with an attorney. Follow your doctor’s orders, be careful what you say, stay organized, and be patient. With these steps, you can protect your rights and get the compensation you need to recover from your injuries.
As a law firm that specializes in personal injury cases, including construction accidents, we at Andrews, Bernstein & Maranto, PLLC can provide legal representation and guidance to workers who have been injured on the job in Cheektowaga, NY.
Our attorneys have extensive experience handling construction accident cases and are familiar with the laws and regulations related to workers’ compensation claims in New York State. We can represent you throughout the claims process, from filing a workers’ compensation claim to appealing a denied claim.
We can evaluate your case and provide guidance on your options if you’re not sure whether you have a valid claim. We can also help you gather and organize the necessary documentation to support your claim and guide you through the appeals process if necessary.
At Andrews, Bernstein & Maranto, PLLC, we work to ensure that you receive the maximum compensation possible for your injuries. We can help you calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering.
If you’ve been injured in a construction accident in Cheektowaga, NY, we can provide the legal representation and guidance you need to file a successful claim. Contact us today to schedule a consultation.