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Interview: What To Do After a Construction Site Injury

After a construction site injury, you need to know where to turn and what steps to follow.

Michael Greenspan is a construction accident attorney and personal injury lawyer in New York. As the city sees more construction taking place, it also sees an increase in construction injuries and accidents. Greenspan says that he has seen an increase in injuries and deaths taking place on New York construction sites.

New York law demands that site supervisors provide their workers with quality safety devices. If workers have dependable harnesses and ladders, many construction accidents would be prevented.

"Construction workers can get hurt or even die on the job because of preventable injuries and preventable accidents."

Greenspan says that common injuries he sees involve falls on construction sites. This includes both:

  • Workers who fall: If you're working on a ladder, scaffold, or temporary ramp, it's common for workers to fall off or slip through a hole. The ladder may not have been secured properly. The ladder can shift, can cause you to fall.
  • Workers who have objects fall on them: if an item is not secured properly, or if someone on the construction team is careless, a falling object on a construction site can cause serious harm, even if the victim is wearing a hard hat.

What Should You Do if Injured in a Construction Accident:

  1. Get medical care. Find a hospital to treat your injuries.
  2. Get your family involved. It's hard to think clearly after an injury, and a loved one can be a tremendous help.
  3. Seek workers' compensation. An attorney can help navigate this process.
  4. Enlist the help of an attorney in seeking compensation from third parties, like makers of defective construction equipment. If a safety device was not provided or failed, a lawyer can hold the responsible parties liable.

Even if the worker suspects that the injury was their fault, the law says that the owner and general contractor are liable for the injuries. You can receive both workers' compensation and benefits from an injury lawsuit.

What About Independent Contractors?

If you're an independent contractor and you become injured on a job site, you are eligible for benefits under New York workers' compensation laws. You can also pursue an injury claim against the owners and the general contractor.  If you're hurt on the job due to the absence of a quality safety device, you likely have grounds for a lawsuit.

As long as the employee is not "solely responsible" for the injury, an attorney is likely able to help the worker explore options for obtaining compensation.

Can Undocumented Workers Seek Compensation?

Undocumented workers have the same right to a safe workplace as documented workers. Some rules are different for undocumented workers depending on their situation, but they are still able to seek health care. They still have rights, and can seek a confidential consultation with a construction accident attorney. Employers often treat undocumented workers as expendable, giving them the hardest jobs without proper safety precautions.

In the video below, attorney Greenspan explains the step-by-step process of what workers should do after a construction accident.

Michael Greenspan can be reached at 888-392-6439.

Topics covered in this interview:

  • Have construction accidents increased in New York?
  • What type of construction site injuries do you see the most?
  • How hard is it for a construction site manager to enact safety precautions that prevent injury?
  • After an accident or injury, what should an injured construction worker do?
  • If you’re receiving workers’ compensation, can you still file a lawsuit based on your injury?
  • If you’re an independent contractor, does that affect your ability to file a lawsuit or seek workers' comp?
  • Can undocumented workers seek workers’ comp benefits to cover their medical bills?

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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