How Your Actions Impact Your Construction Accident Claim
Your actions after a construction accident could help or harm your case. It’s not uncommon for truthful claims to be denied because employers or insurance companies take innocent statements or social media posts out of context. They may use these and other pieces of evidence to deny claims or argue for reduced severity of injuries.
This is why our New York construction accident lawyer at Douglas & London often advises clients on what not to share with others or online.
What to Do After Your Construction Accident
Best practices may vary across construction areas and even companies. Consult with an attorney for specific guidelines, but these general practices may be helpful in the interim.
Seek Medical Attention
Always prioritize your health first. You should see a doctor as quickly as you can after an accident if the accident itself didn’t warrant medical help showing up onsite. If you don’t seek medical attention, insurance companies may argue that your injuries weren’t severe, or were caused by something else. They can also argue that the injury wasn’t severe originally and that your negligence caused the injury to get worse, still making you partly liable and reducing your payout.
Medical care is especially critical for evidence in a lawsuit because it leads to documented, detailed medical records that describe the extent of your injuries and how they’ve progressed over time.
Report the Accident
Even if the accident seems minor, report it to your employer immediately. There’s usually a 30-day deadline to notify the employer and a three-year statute of limitations on filing a personal injury claim.
Your company may already have a process for reporting accidents. Follow the process and ensure you have something in writing to prove that the accident occurred, and that the employer knows.
Track Your Damages
Track any costs you incur from the accident, including medical bills, lost wages, and property damage. Beyond this, you might note how the injury has hampered your everyday life, such as preventing you from completing household tasks or enjoying hobbies. Impacts on your mental health are also significant. Tracking all damages helps your attorney calculate the full extent of your damages.
What Not to Do After Your Construction Accident
Knowing what actions not to take is just as important as knowing what to do when protecting your claim. Your attorney will provide detailed instructions, but this is true of most cases:
- Avoid social media. Be careful about what you post on social media after your accident. Insurance companies may use what you post against you.
- Don’t negotiate directly with the insurance company. Let your attorney handle all communication with the insurance company. They may try to pressure you into admitting fault or minimizing your injuries.
- Don’t sign anything without your attorney’s approval. This includes documents from your employer, insurance company, or any other party involved in the accident.
- Don’t exaggerate or misrepresent the facts. Always be truthful about what happened and the extent of your injuries. Any inconsistencies or misrepresentations can harm your case.
- Don’t discuss your case with coworkers, family, or friends. Ideally, these are all trustworthy people with your best interests at heart. Still, most attorneys recommend caution when sharing information, especially with coworkers.
How Douglas & London Can Help
We have recovered over $18 billion on behalf of our clients and look forward to pursuing compensation for you. It starts with a free case review to understand what happened and what we can do to resolve it. Schedule your consultation with our construction accident lawyer in New York City.
