How to file a construction accident claim in New York

Construction sites are among the most dangerous workplaces in New York. When accidents happen, injured workers often face serious medical challenges and financial uncertainty as a result of their circumstances. 

If you have been hurt on the job, it is important to understand your rights, your options and the steps required to file one or more kinds of construction accident claims. Depending on your circumstances, you may be eligible for workers’ compensation benefits, damage awards via a personal injury lawsuit or both.

For starters

The first step you’ll need to take after a construction accident is to seek immediate medical attention. Your health and safety come first, and documenting your injuries through prompt medical care can also establish potentially important evidence for your claim. Be sure to inform the medical provider that your injury occurred at work.

Next, report the accident to your employer as soon as possible. In New York, injured workers are required to notify their employer within 30 days of an injurious incident. This notice can be verbal or written, but written documentation is strongly recommended. Failing to meet this deadline can jeopardize your ability to receive workers’ compensation benefits.

Workers’ compensation

To formally begin a workers’ compensation claim, you must file Form C-3 with the New York State Workers’ Compensation Board. This form should be submitted within two years of the accident, but the sooner it is filed, the better. Sometimes, insurance companies and/or employers push back against such claims, so seeking legal guidance before submitting any paperwork is generally wise. Getting “out ahead” of such challenges can make a world of difference. 

Personal injury lawsuits

Under certain circumstances, you may also have the right to file a personal injury lawsuit. New York labor laws provide strong protections for construction workers. If your injury was caused by a safety violation, defective equipment, lack of proper fall protection or negligence by a third party—such as a subcontractor or property owner—you may be entitled to additional compensation through a civil claim. Unlike workers’ compensation, a personal injury lawsuit can provide full damages for lost income, medical costs, pain and suffering and long-term disability.

Because construction accident claims often involve multiple parties and legal complexities, it is generally very wise to work with a legal team experienced in both workers’ compensation and personal injury law. Construction accidents can derail your career and threaten your financial future, so seeking guidance as proactively as possible is going to be important.