After a serious injury on a construction site in New York City, your first priority is your health. Once you are home and recovering, you begin to face the financial strain of being unable to work.
The actions you take during this time are significant. Avoiding the common mistakes after a construction accident can protect your ability to pursue the financial recovery you need for yourself and your family.
Key takeaways
- Acting promptly after an accident is essential, as strict legal deadlines and the disappearance of evidence can affect your case.
- Following all medical advice and attending every appointment creates a clear record of your injuries, which is vital for proving the extent of your damages.
- You are not obligated to give a recorded statement to an insurance adjuster for a negligent third party; their goal is to find reasons to devalue or deny your claim.
- Posting on social media can seriously damage your case, as insurance companies will monitor your accounts for any information they can use against you.
- Workers' compensation is not your only source of recovery; you may have a right to file a third-party personal injury claim against negligent property owners and contractors.
Mistake #1: Waiting Too Long to Act
The moments and days following a construction accident are filled with uncertainty. It is natural to want to wait and see how your recovery progresses. However, delaying action can be one of the most damaging mistakes you can make. The legal system operates on strict timelines, and evidence does not last forever.
The Statute of Limitations in New York
New York law sets a firm deadline for filing a personal injury lawsuit. This deadline is called the statute of limitations. For most construction accident cases, you have three years from the date of the accident to file a claim. While three years may seem like a long time, building a strong case takes a significant amount of work.
If you miss this deadline, the court will almost certainly bar you from ever seeking compensation for your injuries from the negligent parties. There are very few exceptions to this rule, which makes timely action absolutely necessary.
How evidence disappears over time
A construction site is a dynamic environment. The scene of your accident can change in a matter of hours. Scaffolding is taken down, debris is cleared, and the equipment that caused your injury may be moved or repaired. Each change makes it harder to prove what happened.
Witnesses are also a critical form of evidence. Over time, coworkers may move to other jobs, their memories may fade, or they may become reluctant to get involved. Securing their statements early is a key part of building a strong case.
Why early investigation is essential
When you have a legal team on your side, they can act quickly to preserve the evidence needed to support your claim. An early investigation allows them to visit the accident site, take photographs, and interview witnesses. It also lets them send official notices to the property owner and general contractor, legally requiring them to preserve important evidence like security footage and daily work logs.
Mistake #2: Not Following Medical Advice Completely
Your health is the most important thing. Following your doctor's treatment plan is the best way to promote your physical recovery. It is also a critical component of your personal injury claim. Insurance companies will scrutinize your medical records for any reason to argue that your injuries are not as severe as you claim.
Creating gaps in your treatment record
When you miss doctor's appointments, cancel physical therapy sessions, or fail to fill prescriptions, you create gaps in your treatment history. An insurance adjuster will point to these gaps as "proof" that you were not really hurt or that you are not committed to your recovery. They will argue that if you were truly in pain, you would not miss a single appointment.
How insurance companies use medical records against you
Insurance companies hire their own medical reviewers to pick apart your records. They look for any inconsistency or gap they can exploit. They may claim that a gap in treatment means a new, unrelated event must have caused your current pain, breaking the chain of causation from the construction accident.
Following your doctor's orders creates a consistent and clear record. This documentation becomes the medical foundation of your claim, showing the true nature of your injuries and the treatment required.
Certain actions can unintentionally give an insurance company the ammunition it needs to devalue your claim. A construction accident lawyer can help you present the strongest medical case possible by advising you on these pitfalls.
- Missing or rescheduling appointments. Consistency shows you are serious about your recovery.
- Downplaying your pain to doctors. Be completely honest about your pain levels and physical limitations at every visit.
- Failing to report all injured body parts. An injury that seems minor at first may become a major issue later. Report everything.
- Returning to work before you are medically cleared. This can suggest your injuries were not severe and may put you at risk of re-injury.
This consistent medical history is vital. It creates a clear, undeniable timeline of your injuries and the impact they have had on your life, making it much harder for an insurer to dispute the facts.
Mistake #3: Giving a Recorded Statement to an Insurance Adjuster
Shortly after your accident, you will likely receive a call from an insurance adjuster representing the general contractor or property owner. They may sound friendly and concerned, but their job is to protect their company's financial interests, not yours.
One of their first goals is to get you to provide a recorded statement about the accident.
The adjuster's true goal
The adjuster is not calling to help you. They are trained to ask leading questions designed to get you to say something that hurts your case. They want you to speculate on what happened, admit some level of fault, or downplay the severity of your injuries. You are not legally obligated to provide a statement to them.
How your words can be twisted
Even innocent comments can be taken out of context. If the adjuster asks how you are feeling and you politely say "I'm okay," they will note that you "admitted to feeling fine." If you are unsure about a specific detail and say "I guess," they will frame it as an admission of uncertainty about the facts of the accident.
The right way to handle insurer communications
The best response to a request for a recorded statement is to politely decline. You can state that you are focusing on your medical treatment and will not be providing any statements at this time.
All communications with the other side's insurance company should be handled by your legal representative, who knows how to provide the necessary information without jeopardizing your claim.
Mistake #4: Posting About Your Accident or Injury on Social Media
In today's world, it is common to share life updates on social media. After a serious injury, you might want to let friends and family know how you are doing.
However, posting anything related to your accident, your recovery, or your daily life is a significant mistake. Insurance companies routinely hire investigators to monitor claimants' social media profiles.
Social media is not private
Even with the strictest privacy settings, you should assume that the insurance company can see anything you post online. Friends of friends can share posts, and investigators can find ways to access your profiles. The safest approach is to stop posting on all social media platforms until your case is resolved.
How a single photo can contradict your claim
You may be claiming a serious back injury that prevents you from lifting anything heavy. If a friend posts a picture of you holding your child or carrying a bag of groceries, the insurance company will use it as evidence to argue you are exaggerating your injuries.
Disabling your social media accounts for the duration of your case is the most effective way to protect yourself. It removes any possibility of an insurance company finding something to use against you.
Mistake #5: Believing Workers' Compensation is Your Only Option
Many injured construction workers believe that their only path to financial support is through the New York workers' compensation system. While you must file a workers' compensation claim to cover medical bills and a portion of lost wages, it is often not your only or best source of recovery.
The Limits of Workers' Compensation
Workers' compensation is a no-fault system managed by the New York State Workers' Compensation Board. It provides specific benefits, but it does not pay for all of your losses. Crucially, it provides no compensation for pain and suffering, the loss of enjoyment of life, or the full amount of your lost wages.
Identifying third-party liability on a job site
A construction site in Queens or the Bronx is a complex workplace with many different companies. While you cannot sue your direct employer, you can file a personal injury lawsuit against other negligent companies on the site.
The right to pursue a personal injury claim
If your injury was caused by the negligence of one of these third parties, you have the right to file a personal injury claim against them. This separate claim allows you to fight for full compensation for all of your losses, including the pain and suffering that workers' compensation ignores.
An experienced attorney can help you identify all potential third parties to hold them accountable.
AI Chat Tools and Your Construction Accident Claim
After an injury, you might turn to the internet for quick answers. While technology offers many resources, it is important to know their limits when your financial future is at stake, especially regarding artificial intelligence.
AI tools can offer general information, but they do not know the specifics of your construction accident or the complexities of New York law. Relying on an AI chatbot for legal advice may lead to costly mistakes and damage your case.
You should always consult a qualified attorney for guidance based on the actual facts of your situation.
FAQ for Common Mistakes After a Construction Accident
Should I accept the first settlement offer from the insurance company?
No. The first offer is almost always a lowball amount made quickly to see if you will accept an easy and cheap resolution. It rarely reflects the true value of your claim and is made before the full extent of your injuries and future medical needs are known.
Do I need to report my injury to my employer in writing?
Yes. You should report your injury to your supervisor as soon as possible, and you must provide written notice to your employer within 30 days of the accident. This is a requirement for your workers' compensation claim, which is a separate but necessary step alongside a potential third-party claim.
What kind of records should I keep after my construction accident?
Keep everything. This includes copies of medical bills, receipts for prescriptions and medical devices, letters from insurance companies, and your own notes about your pain levels and daily struggles. This documentation helps prove the full extent of your losses.
Can my employer fire me for filing a workers' compensation or personal injury claim?
No. It is illegal for an employer in New York to retaliate against you for filing a workers' compensation claim or for pursuing a personal injury lawsuit against a third party. If you face any form of retaliation, that may form the basis of a separate legal action.
Take the Right Steps to Protect Your Future
The attorneys at The Perecman Firm help injured construction workers across New in York City, Queens, and Long Island. They investigate accidents and fight for the fair compensation needed for recovery.
To discuss your case in a free, confidential consultation, contact their team at (212) 977-7033.