Starting a new construction job in New York City often produces a mix of nerves and excitement. When an injury occurs on the first day, it can feel devastating. Instead of heading home proud, tired, and ready to do it again tomorrow, your new job comes to an abrupt, painful end. You are likely wondering how you will pay for medical care, how to make up for lost income, and what to do next.
We advise, first and foremost, that you get a thorough evaluation of your injuries and follow your provider’s advice for recovery. We also encourage you to contact The Perecman Firm as soon as possible for a free, no-obligation consultation.
Regardless of how long you will be out of work, you are entitled to compensation covering medical costs, lost income, and possibly other harm resulting from the work accident. We will develop a plan to secure that compensation for you, and we want you to hear it as soon as possible. Don’t wait to reach out.
Key Takeaways: Injured on the 1st Day of a Construction Job? What’s Next
- You may have legal rights and financial protection even if you suffered an injury on your first day at a construction job.
- New York workers’ compensation may cover medical care and lost income, regardless of fault or the amount of time they’ve been working.
- Some injured workers are eligible to file lawsuits for third-party negligence, and that may include you.
- Some mistakes, like rushing back to work and accepting early settlement offers, can seriously harm your case.
- A New York City construction accident lawyer from our firm will provide the guidance and answers you need after you suffer an injury.
- Do not wait to call The Perecman Firm or contact us online about how our firm will fight for your financial recovery.
First Things First: What to Do After a First-Day Construction Injury
When you are hurt on your first day at the construction site, it is common to feel pressure to downplay the injury. Particularly in an industry where toughness seems like a prerequisite, the said or unsaid pressure to “tough it out” can lead you to risk further injury by continuing to work.
Don’t. Your health is far too important to jeopardize. Plus, if you keep working, it can jeopardize any compensation claim that you pursue, whether through insurance or a lawsuit.
Here is what you should do after being injured while working on a construction job:
- Get medical attention immediately, even if the injury seems minor at first.
- Report the injury to your supervisor or employer as soon as possible.
- Make sure the accident is documented in writing.
- Take note of where the accident happened and what caused it.
- Get the names of witnesses if you are able.
- Avoid giving recorded statements to insurance companies until you’ve spoken with a construction accident attorney
- Reach out to our firm as soon as possible so we can protect you and begin building your case for compensation.
In New York City, construction injuries can result from falls from heights (one of the most common causes of fatal events in the construction industry), being struck by falling objects or equipment, equipment malfunctions, electrocutions, slips and falls, and other hazards.
Any harmful event must be taken seriously by you, your employer, and insurance companies. As your New York City construction accident attorneys, we will demand that each of these parties acknowledge the seriousness of your injuries and your right to fair compensation.
Common Mistakes That Can Hurt Your Case
As your attorneys, we must give you fair warning. Particularly because you may not have any prior experience with work-related injuries, we ask you to avoid:
- Trying to return to work in defiance of your pain and your doctor’s advice
- Refusing or delaying medical treatment
- Delaying in reporting the injury to your employer
- Accepting quick cash or informal payments from an employer
- Giving recorded statements to insurance adjusters without legal counsel
- Accepting an insurance company’s initial settlement offer
In New York City, some employers or site supervisors may quietly suggest handling things “off the books,” especially if the injury happened early in your employment. Accepting those offers can jeopardize your workers’ compensation rights and prevent you from pursuing other claims.
Construction Workers Injured on Their First Days Are Often Victims of Others’ Failures
Being injured on your first day does not mean you were careless. In fact, first-day injuries are often tied to unsafe work environments and other hazards beyond the worker’s control.
The risk of injury to construction workers is well-known, and regulators take great pains to urge employers to protect those workers (especially inexperienced ones). Yet, construction accidents continue to happen because of preventable hazards, including:
- Lack of proper orientation
- Inadequate site-specific training
- Failure to provide essential and elective safety equipment
- Poor supervision of workers
- Hazardous site conditions that were not disclosed to the worker
- Pressure on new workers to increase their pace
- Giving workers defective equipment
New York Labor Laws, including Sections 200, 240, and 241, were designed to protect workers from precisely these kinds of dangers. Yet, our attorneys have personally witnessed how the law is not always sufficient to keep construction workers safe.
Are You Covered by Workers’ Compensation on Your First Day?
One of the most common questions we hear is urgent and straightforward. Am I even covered if this was my first day?
In most cases, yes.
In New York, workers’ compensation coverage generally begins as soon as your employment begins. If you were legally hired and performing work duties when you suffered an injury, you are often entitled to workers’ compensation benefits.
Workers’ compensation insurance coverage can provide:
- Coverage for medical treatment related to your injury
- Partial wage replacement if you cannot work after being injured
- Payments for temporary or permanent disability
- Vocational rehabilitation, in some cases
That said, first-day injury claims are often scrutinized more closely by insurance carriers. Employers or insurers may question whether you were officially on payroll, whether you were classified correctly as an employee, whether the injury really happened as reported, and even whether you gained employment to pursue an illegitimate claim.
At The Perecman Firm, we have extensive experience handling workers’ compensation claims for injured construction workers throughout New York City. We don’t care whether a worker suffers an injury on their first day or after 20 years of service. We care that injured workers receive the compensation they deserve, and we care deeply.
Why Hiring a Construction Accident Lawyer Should Be Your Priority
Many injured workers assume they should wait to see how things play out before calling a lawyer. After a first-day injury, that delay can be costly.
Construction accident cases often involve:
- Multiple parties involved in construction site supervision, including contractors and subcontractors
- Complex insurance policies (and insurance companies determined to limit their financial liability)
- Strict notice and filing deadlines
- Evidence that can disappear soon after the accident
A lawyer from our team will step in immediately to investigate what went wrong, identify responsible parties, and preserve critical evidence and information. At The Perecman Firm, we don’t hesitate to visit job sites, consult with safety experts, and review project records to understand how an injury occurred.
We will also get right to work formulating a personalized case plan tailored to you.
Can I File a Lawsuit, or Is a Workers’ Compensation Claim My Best Bet?
Workers’ compensation insurance is the most common source of benefits after a construction injury, but it is not always the only option.
In New York City, many construction sites involve property owners, general contractors, and third-party vendors. Other parties’ products and machinery may also be present on a site, and those parties may be liable for any harm their products cause.
If your injury was caused by someone other than your immediate employer, you can file a personal injury lawsuit in addition to receiving workers’ compensation. If a lawsuit is an option, we will explain the ramifications (and possible benefits and drawbacks) of pursuing this course of action.
The attorneys at The Perecman Firm carefully analyze every case to determine whether a third-party claim exists. Our attorneys have recovered significant results (nearly $1 billion) for our clients, and we help injured workers hold negligent parties accountable for their work-related injuries.
How a Lawyer Helps With a Workers’ Compensation Claim
Let’s talk about how our New York City construction accident attorneys assist with workers’ compensation claims. Even though workers’ compensation is supposed to be straightforward, disputes are common, especially in first-day injury cases.
A lawyer from our team can help by:
- Ensuring the injury is reported correctly and promptly
- Communicating with the insurance carrier on your behalf
- Representing you at hearings if benefits are denied or reduced
- Making sure you receive all necessary medical care
- Negotiating for fair benefits
- Challenging attempts to prematurely end benefits
At The Perecman Firm, we approach workers’ compensation claims with the same seriousness and preparation as any other case. We know how much your livelihood depends on these benefits, and we work to ensure the system functions as intended.
How One of Our Lawyers Can Lead Your Construction Accident Lawsuit (Should You File)
Should you choose to file a construction accident lawsuit, we will lead the fight by:
- Investigating any safety violations or other forms of negligence that contributed to your injuries
- Working with engineers, safety experts, and any other experts who enhance your case
- Identifying all liable parties (and naming them as defendants)
- Handling all negotiations with insurers and defense attorneys
- Taking the case to trial, if necessary
The Perecman Firm has built a reputation in New York City for thorough preparation and relentless advocacy. That reputation matters when negotiating settlements and, when needed, presenting cases to juries.
What Compensation Might Be Available to a Construction Worker Injured on Their First Day?
Every construction-related injury is different, but compensation may include a range of damages. Whether you sue or pursue a workers’ comp claim can affect which losses are covered, but some common damages among injured workers are:
- Medical expenses, including future treatment
- Lost income and reduced earning capacity
- Psychological and emotional anguish and distress
- Physical pain and discomfort
- Permanent disability and disfigurement
Our goal is not just to resolve your case quickly, but to pursue compensation that truly reflects what you have lost and what you will need moving forward.
The Perecman Firm Knows the Local Realities of New York City’s Construction Sites
Construction in New York City is unlike anywhere else. Projects rise tens of stories high next to active sidewalks. Subways run beneath job sites. Space is almost always tight.
From Midtown high-rises to Brooklyn developments and infrastructure projects across the boroughs, safety risks are everywhere. We know it. We see it. We also see how these dangerous realities change the lives of injured workers.
The Perecman Firm has spent decades representing injured New Yorkers. Our familiarity with city agencies, courts, and local construction practices allows us to tailor our approach to the unique challenges of New York City construction accident cases.
You are in the right hands when you retain your attorney from The Perecman Firm.
Frequently Asked Questions by Construction Workers Injured in New York City
As we have spent years representing New York City’s injured construction workers in circumstances similar to yours, we have noticed how a handful of questions arise time after time:
Can I be fired for getting injured on my first day?
New York law prohibits retaliation for filing a workers’ compensation claim. If you face any such retaliation, our firm will respond forcefully.
What if I was paid in cash or misclassified as an independent contractor?
Misclassification of workers’ employment status is common in the construction industry. We can address this issue as we handle your case if it arises.
Do I have to use my employer’s doctor?
You generally have the right to choose your own medical provider, as long as they are authorized under New York’s workers’ compensation system. We will ensure that you get the impartial, high-quality medical care you need and deserve.
Call a NYC Construction Accident Attorney About a First-Day Injury
If you are wondering what happens if you suffer an injury on your first day at a construction job, you do not have to figure it out alone. At The Perecman Firm, we are committed to standing up for injured construction workers throughout New York City, helping them secure fair compensation and a path forward.
New York law imposes time limits on those filing personal injury lawsuits. Even if you end up filing a workers’ comp claim instead of suing, fast action will benefit your claim.
Call The Perecman Firm today for a free consultation or contact us online. We only get a fee if we win, so there’s no reason to delay in contacting our team