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Ask a New York Construction Accident Lawyer: 5 Mistakes to Avoid After a Construction Accident

Safety Hazards on a Construction Site

There’s no doubt about it: the construction industry is dangerous. In fact, construction workers experienced the most workplace deaths of any U.S. profession in 2021, according to analysis by the National Safety Council. Construction site hazards can also sometimes extend to people walking, driving, working, or living nearby. 

If you’ve been injured on a construction site — either as a worker or a passerby — speaking with a New York construction accidents lawyer is a good first step. In the meantime, learn about what not to do after a construction accident.

5 Common Mistakes After a Construction Accident

Whether your injury is minor or severe, take care to avoid the following mistakes in the aftermath of your accident.

1. Failing to Report Your Accident

People fail to report their accidents for many reasons: they were doing something against the rules at the time, they don’t want to get someone else in trouble, or they don’t immediately realize they are badly hurt. Injured construction workers may have additional worries about having to take time off work.

Whatever the reason, failing to report your accident can negatively impact your case. If you don’t tell anyone about your injuries when they occur, you may have trouble proving that the construction accident was the cause. Don’t let anyone persuade you not to report the incident to your insurer or employer.

2. Choosing Not To Seek Immediate Medical Treatment

Not having your injury checked out by a doctor can cause similar problems down the line. You may have only a headache today, but it could prove to be a traumatic brain injury (TBI). For your health and safety, it makes good sense to seek medical treatment even if you feel fine.

A doctor’s visit can also act as evidence of your injury if you later choose to file a claim. You can support your case with additional documentation such as pictures of your injury and accident site, notes about your symptoms and recovery, and correspondence from your doctors and your employer.

3. Not Filing a Claim

If you suffer a construction injury, you have the right to file a claim with your insurer or workers’ compensation plan. Unfortunately, you may feel pressure not to do so.

Insurance or company representatives may suggest that the accident was your fault or that your injuries are too minor to bother with a claim. Don’t take their word for it without consulting with a New York construction accidents lawyer.

4. Communicating with the Insurance Company

While you need to report your accident, stick to simple facts like when and where it occurred. Avoid the temptation to give too much information to the insurance company or your employer. Above all, don’t agree to make a written or recorded statement or sign any medical releases. The other side can use this against you later.

5. Accepting a Settlement Without a Lawyer

You may be tempted to accept a lowball settlement offer. However, your injuries may qualify you for more compensation than the other side initially proposes. Once you accept a settlement, you cannot ask for anything else in the future. This is true even if your health fails to improve or if major safety violations contributed to your injury.

Never accept a settlement offer without consulting with a personal injury law firm.

Most Common Causes of Accidents in Construction

Although following established construction safety rules can go a long way towards preventing injuries, accidents can and do happen every day. The following accident types are common in the construction industry.

Slips, Trips, and Falls 

The Centers for Disease Control and Prevention (CDC) reports that around 300 to 400 construction workers fall to their deaths each year, usually while working at heights. Common causes include improper use of ladders or scaffolding and incorrect use of fall-prevention equipment like harnesses. 

While falls from large heights tend to have particularly catastrophic consequences, injuries also occur from slips, trips, and falls at the same level. Workers and pedestrians alike may suffer injury by falling into holes, tripping over cords, or slipping on loose flooring.

Falling Objects

Construction employees working on roofs, ladders, or other elevated platforms may accidentally drop tools or equipment down onto co-workers or passersby. These mistakes can cause potentially significant injuries, especially for those who are not wearing protective equipment.

Heavy Machinery 

Construction projects often involve all sorts of heavy-duty machines like cranes, bulldozers, and dump trucks. If not handled properly, these powerful vehicles can strike, crush, or roll over pedestrians and workers.  

Electrical Hazards

According to the CDC, construction workers are approximately four times more likely to be electrocuted than workers in all other professions combined. Electrocutions happen during direct or indirect contact with live electrical equipment and wiring, such as light fixtures, circuit breakers, control panels, and underground or overhead power lines. 

Toxic Substances

Construction work may involve or produce any number of dangerous substances, such as toxic dust, hazardous fumes, and flammable gases. If workers do not handle these materials properly, they can injure themselves, their co-workers, and others in the vicinity. 

Contact Our NYC Construction Accident Attorneys Today

If you were hurt in one of these common causes of construction accidents, you may be in pain and dealing with mounting medical bills. Don’t face it alone.

Whether you were injured on the job or simply passing by a construction site, Dervishi Law Group, P.C. can help. Call (718) 484-4757 or text (917) 496-8342 for a free consultation with a New York construction accidents lawyer.  

Construction Accident FAQ

What are OSHA’s Big Four?

The Top Four Construction Hazards identified by the Occupational Safety and Health Administration are falls, electrocution, caught-in object accidents, and struck-by object accidents.

What is the most common cause of fatal construction accidents?

The deadliest type of construction accident is falls, accounting for 37% of construction deaths in 2021. 

What construction occupation has the most deaths from falls?

According to the CDC, the construction occupation with the most deadly falls is roofing and finishing work in residential construction.

About The Author

Picture of Fatos Dervishi, Esq.

Fatos Dervishi, Esq.

A personal injury attorney, with offices in the Bronx and Manhattan, Fatos Dervishi has years of experience handling cases in New York. Mr. Dervishi, who grew up in Albania, obtained his law degree in 1989 from the Tirana University School of Law. He then worked as a special agent of the General Investigations Office with an office in Tirana, before being elected Deputy Attorney General by the Albanian Parliament in 1994. He served as Deputy Attorney General of Albania from 1994 to 1998.

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