Introduction
If you’ve been injured on a construction site, documenting the accident thoroughly can make or break your legal case. Whether you’re filing a workers’ compensation claim or pursuing a third-party lawsuit, having detailed records of the incident is critical to securing the compensation you deserve.
At Lockamy & Associates, we help injured workers navigate the complexities of construction accident claims. Here’s what you need to know about collecting and preserving evidence after an accident.
Essential Steps to Document Your Construction Accident
1. Report the Accident Immediately
Notify your supervisor right away and file an official report detailing the incident. You must report the accident within 30 days to be eligible for workers’ compensation. Request a copy of the report for your records, as your attorney will need it to build your case.
📌 What to include in your report:
• Date and time of the accident
• Detailed description of how the accident happened
• Location and contributing factors (e.g., faulty equipment, unsafe conditions)
• Names of any witnesses
2. Photograph the Scene
Visual evidence is one of the most powerful tools in a construction accident case. Take photos or videos of the accident scene, capturing anything that may have contributed to the incident.
📸 Key things to document:
• Hazardous conditions (e.g., broken scaffolding, missing guardrails)
• Faulty equipment
• Lack of warning signs
• Injuries sustained
These photos can help your attorney prove negligence and establish liability.
3. Collect Witness Information
Construction sites are usually busy, meaning someone likely witnessed your accident. Speak to anyone who saw what happened and collect their contact information. Witness statements can be crucial in proving your claim.
📌 Write down:
• Their full name and contact information
• A summary of what they saw
• Whether they are willing to provide a formal statement
Tracking Your Recovery
4. Seek Medical Attention Immediately
Even if your injuries seem minor, see a doctor as soon as possible. Some injuries—such as internal trauma or concussions—may not show symptoms right away. Your medical records will serve as essential evidence in your claim.
🩺 Why medical documentation is critical:
• It proves the severity of your injuries.
• It establishes a timeline linking the accident to your medical condition.
• It supports your claim for compensation, including future medical expenses.
5. Track Your Lost Wages
If your injuries force you to miss work, keep track of your lost wages and employment records. This documentation will help calculate your compensation for lost income.
📌 What to track:
• Pay stubs from before and after the accident
• Days or hours missed due to your injury
• Statements from your employer about how the injury has affected your ability to work
6. Keep an Injury Journal
Maintain a daily journal detailing how the accident has affected your life. Describe your pain levels, physical limitations, emotional distress, and any other changes. This can be valuable evidence if you pursue non-economic damages, such as pain and suffering.
Compensation Options for Injured Workers
Workers’ Compensation
Workers’ compensation covers medical expenses, partial wage replacement, and disability benefits, regardless of who caused the accident. However, it does not provide compensation for pain and suffering.
Third-Party Lawsuit
If a third party’s negligence caused your accident, you may be able to file a personal injury lawsuit. Unlike workers’ comp, a lawsuit can provide compensation for:
• Full lost wages
• Pain and suffering
• Emotional distress
Examples of third-party defendants:
• Equipment manufacturers (if defective equipment caused your injury)
• Property owners who failed to maintain safe conditions
• Contractors or subcontractors responsible for site safety
How a Construction Accident Lawyer Can Help
Navigating a construction accident claim can be overwhelming, especially when dealing with serious injuries. An experienced construction accident attorney will:
• Investigate the cause of your accident
• Identify all liable parties
• Gather evidence and interview witnesses
• Negotiate with insurance companies on your behalf
• Represent you in court if necessary
At Lockamy & Associates, we’re dedicated to fighting for the rights of injured workers. Our team understands New York’s complex labor laws and will work tirelessly to secure the compensation you deserve.
Contact Lockamy & Associates Today
If you’ve been injured in a construction accident, don’t leave your case to chance. Contact us for a free consultation, and let us help you protect your rights and get the compensation you need to recover.
Call us today to speak with an experienced attorney.
Frequently Asked Questions
1. How long do I have to file a construction accident claim?
In New York, you have two years for a workers’ compensation claim and three years for a third-party personal injury lawsuit.
2. Can I sue my employer for a construction accident?
Generally, no. Workers’ compensation laws prevent employees from suing their employers. However, you can sue a third party if they contributed to the accident.
3. What damages can I recover in a third-party lawsuit?
You may recover compensation for medical expenses, lost wages, pain and suffering, and disability benefits.
