What to Do After a Construction Accident.

Step 1

Protect your health and create an accurate medical history.

Obtain emergency care when necessary and follow up promptly for continuing symptoms. Explain how the accident occurred and identify every area that hurts, even when one injury initially seems more serious than the others. Do not exaggerate or minimize your condition.

Step 2

Report the accident promptly and accurately.

Tell the employer or supervisor when, where, and how the injury happened. New York’s Workers’ Compensation Board advises injured workers to notify the employer immediately and provide written notice within 30 days. Keep a copy of any written notice and incident report you provide.

Read an incident report before signing it. Correct incomplete or inaccurate information in writing. Do not guess about facts you did not see, accept an account written by someone else without reviewing it, or sign a blank form.

Step 3

Preserve the site, equipment, and communications.

Take photographs or video only when it is safe and permitted. If you cannot do so, a coworker or investigator may be able to document the area. Preserve original files without filters, annotations, cropping, or edits.

• Photograph the work area, access points, elevation, lighting, debris, warnings, and surrounding conditions.
• Preserve the ladder, scaffold, harness, tool, machinery, footwear, clothing, or other item involved when it can be done safely and lawfully.
• Record the names, employers, trades, and contact information of witnesses and everyone directing the work.
• Save texts, emails, photographs, daily reports, schedules, time records, delivery tickets, safety materials, and job assignments.
• Write a factual account of the work being performed, instructions received, safety devices provided, and how the incident occurred.
• Keep copies of incident reports, medical paperwork, disability notes, wage records, union materials, and insurance correspondence.

Do not secretly remove property that belongs to someone else. An attorney can send targeted preservation demands and pursue records, inspections, and evidence through appropriate legal procedures.

Step 4

Record who owned, managed, and performed work at the project.

The company issuing the worker’s paycheck may be only one participant. Write down the property address, project name, owner, developer, general contractor, construction manager, subcontractors, equipment companies, safety personnel, forepersons, and any government or public authority associated with the work.

Contracts, permits, daily reports, photographs, insurance policies, and witness testimony can later clarify each entity’s role. Do not assume that a vest, truck, sign, or job title conclusively establishes legal responsibility.

Step 5

Protect the workers’ compensation claim.

Workers’ compensation generally provides medical care and cash benefits for a job-related injury without requiring proof that the employer caused the accident. The Workers’ Compensation Board states that Form C-3 should be filed as soon as possible and generally within two years of the accident. Except in an emergency, treatment ordinarily must be provided by a Board-authorized provider.

A workers’ compensation claim and a claim against a property owner, contractor, or another responsible party are different matters. Pursuing one does not mean the other will automatically be investigated or preserved.

Potential third-party rights

Have the accident evaluated under New York’s worker-safety laws.

Depending on the work and accident, New York Labor Law §§ 200, 240, and 241 may be relevant. Section 240 addresses specified elevation-related risks and safety devices in covered work. Section 241 imposes requirements concerning construction, excavation, and demolition, while § 200 addresses reasonable and adequate protection in covered workplaces.

These statutes do not make every construction injury a Labor Law case. The activity, site, hazard, defendants, available device, accident mechanism, and other facts must be analyzed carefully.

Common mistakes

Avoid giving away evidence or rights unnecessarily.

• Do not sign a release, settlement, broad authorization, or statement you do not understand.
• Do not post photographs, accusations, legal strategy, or medical details on social media.
• Do not alter photographs, rewrite contemporaneous notes, or delete existing relevant material.
• Do not assume a workers’ compensation carrier is investigating every possible third-party claim.
• Do not confront coworkers or supervisors, coach witnesses, or ask anyone to change a report.

Act promptly

Different claims can carry different notice and filing deadlines.

Workers’ compensation deadlines are not necessarily the same as deadlines for claims against owners, contractors, equipment companies, municipalities, public authorities, or the State. New York General Municipal Law § 50-e, for example, generally requires a notice of claim within 90 days for covered claims against a public corporation, subject to the statute and case-specific rules.

Quick reference

Construction-accident preservation checklist.