Construction accidents happen quickly and often without warning. A fall from scaffolding, a collapsing structure, or an unexpected equipment failure can leave you seriously injured and unsure of what to do next. These situations can be overwhelming, especially when you're facing time away from work, growing medical expenses, and pressure to sign documents you may not fully understand.
At Roger Victor Archibald, PLLC, we represent construction workers throughout New York City who have been injured on the job. Our practice focuses on litigation involving unsafe work conditions, negligence, and violations of New York labor laws.
The steps you take in the hours and days after a construction site accident can shape your recovery, your financial future, and your ability to hold the right parties accountable. Knowing what to do next can make all the difference. Here are five key actions that can help protect your health, your rights, and your path forward.
1. Get Medical Attention Immediately
Your safety and well-being are the top priority. If your injury is serious, call 911 or go to the nearest emergency room without delay. If the injury appears minor, visit an urgent care center or your primary care provider as soon as possible. Some conditions, including internal injuries and head trauma, may not show immediate symptoms.
Prompt medical care not only supports your recovery but also creates a dated medical record that links your injury to the workplace incident. This documentation may be essential if you later pursue a workers’ compensation claim or third-party lawsuit.
2. Notify Your Employer in Writing
Under New York workers’ compensation law, you must notify your employer of the injury within 30 days. Report the details of the incident in writing and keep a copy for your own records.
Whether you work for a general contractor, subcontractor, or labor union, formally documenting the incident is necessary to preserve your eligibility for workers’ compensation benefits. If your employer attempts to dissuade you from filing a report or pressures you to downplay the situation, that could indicate a more significant issue. In those situations, seeking legal guidance becomes even more important.
3. Document Everything You Can
Construction sites change quickly, sometimes within just a few hours. Important details may be cleaned up, altered, or lost entirely. If you are physically able, try to document and preserve anything that may be relevant, including:
- Photos of the scene, your injuries, and any unsafe conditions
- Names of supervisors or coworkers who were present
- Contact information for witnesses
- Any clothing, tools, or protective gear involved
If you are unable to gather this material yourself, an attorney may be able to help coordinate the effort, often by working with a trusted coworker, family member, or union representative. Preserving these materials early on can play a crucial role in determining how the incident occurred and identifying who may be liable.
4. File a Workers’ Compensation Claim
In New York, most construction-related injuries are covered by workers’ compensation. These benefits include medical care and partial wage replacement, regardless of who was at fault for the incident. To begin the process, you’ll need to file Form C-3 with the New York State Workers’ Compensation Board.
Although the deadline to file is technically two years from the date of injury, acting quickly is strongly recommended. Delays can complicate your case or lead to benefit denials. Save all copies of the documents you submit and follow up regularly to ensure your claim is progressing.
Workers’ compensation does not require proving fault, but it often falls short of covering the full impact of a serious injury, especially when it comes to pain and suffering, permanent disability, or future loss of income. In these situations, it’s important to consult an attorney who can evaluate your case and determine whether you may have additional legal options.
5. Speak with a Construction Accident Attorney
While workers’ compensation is a critical starting point, it may not account for all the losses that result from a serious construction site injury. In many cases, injured workers also have the right to bring a third-party personal injury claim against someone other than their employer.
A third-party claim may be appropriate if your injuries were caused by any of the following:
- Falls from scaffolds or ladders, often covered under New York Labor Law §240
- Unsafe work conditions or violations of building codes under Labor Law section 241(6)
- Defective or dangerous equipment
- Electrical hazards, falling objects, or structural failures
- Failure to comply with OSHA safety standards
At Roger Victor Archibald, PLLC, we investigate every case thoroughly to determine whether a third party’s negligence contributed to your injury. If so, we take action to pursue the compensation you may be entitled to, which could include damages for pain and suffering, long-term disability, or reduced future earning capacity.
We understand how these cases work and what it takes to hold the responsible parties accountable.
Why Having the Right Legal Representation Matters
If you’ve been hurt on a construction site in New York City, you may be dealing with more than physical injuries. You might be pressured to stay quiet, sign paperwork you don’t fully understand, or accept a quick settlement that doesn’t reflect the full extent of your losses. In moments like these, having a staunch legal advocate with a client-centered focus can make a profound impact.
At Roger Victor Archibald, PLLC, our practice is centered on litigation and trial advocacy. We represent injured workers throughout New York City, including Brooklyn, Manhattan, Queens, the Bronx, Staten Island, and Nassau County. We are here to protect your rights and fight for the compensation you may be owed.
From the moment you contact our office, we listen to your concerns, explain your legal options, and walk you through every step of the process. Every case is unique. We tailor our strategy to your needs and provide honest guidance backed by decades of courtroom experience.
Whether your injury occurred on a commercial site in Manhattan or a residential build in Brooklyn, Roger Victor Archibald, PLLC is here to help. If you’re unsure of what to do after a construction site accident, contact us to schedule a free, confidential consultation to see how we can help you.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Please consult an attorney to discuss your specific situation.