FAQ: Managing a Construction Accident

If you were injured while working on a construction site, you may be suffering from serious injuries. You may be uncertain of the best approach for managing the most appropriate course action while focusing on recovering from your injuries. Most likely, you will have a number of questions regarding what the process might look like should you decided to take legal action:

I don’t have health insurance. Will my employer cover my medical expenses?

In most cases yes. Through workers’ compensation you may be able to have your medical expenses covered by your employer. However, if your employer or property owner was liable for the accident, it may be in your best interest to take legal action in the form of a lawsuit. It’s important to be aware that by taking this step, you waive your ability to collect workers’ compensation down the road. You will first want to carefully consider the details surrounding your accident prior to making a decision. Contacting an attorney should be your first priority.

If there were hazards or the construction site was unsafe, should I file a report with OSHA?

If you are concerned around the condition of the construction site, you may want to file a report with the Occupational Safety and Health Administration (OSHA). Taking action not only may be good evidence for your case, it may also help prevent other employees or bystanders from obtaining injury. When someone speaks up, and files a report with OSHA, they are protected from retaliation in the workplace. It will be important to file a complaint with OSHA in a timely manner as they are only able to investigate violations that are no older than 6 months.  

Should I accept workers’ compensation?

Workers’ compensation is a benefit that is offered to employees if they are injured on the job. In most cases, it makes sense to accept workers’ compensation when you are faced with an injury. Workers’ compensation can cover your medical expenses and provide you with a portion of your salary in the event that you are unable to work due to your injuries. There are some benefits for employees should you accept workers’ compensation. Most importantly, in most cases, you will not longer have the ability to sue should you accept workers’ compensation. Because workers’ compensation can offer mutual benefits to both you and your employer, consulting with an attorney may not be such a bad idea.

Will this impact a future lawsuit?

By accepting workers’ compensation, you waive your ability to file a lawsuit at a later date. There are exceptions to this, for example:

  • Although rare, you may file a lawsuit if your employer does not have workers’ comp insurance. In the majority of states, workers’ comp insurance is a requirement meaning, you employer may have broken the law.
  • You were hurt intentionally by your employer

This can become rather complex, as a result, you most certainly will want to speak with an construction accident lawyer Rockville Centre residents rely on.

Seeking the advice of an attorney may be in your best interest if you were injured on a construction site. Regardless of how you choose to proceed, they can at least review your case and give you guidance regarding whether taking action is the best way to proceed.



Thank you to our friends and contributors at Polsky, Shouldice & Rosen, P.C. for their insight into work injuries and construction accidents.