The aftermath of a construction accident is chaos: you’re hurt, in shock and on top of it all, you have a lot of important decisions to make.
The paperwork is confusing, you’re hearing advice from all angles, and one wrong move can cost you millions. Don’t be blindsided: here are the top mistakes New York workers make after an accident, according to our work injury lawyers:
1. Not reporting your accident:
Maybe you felt fine afterwards, and you didn’t want to make a big fuss. Or maybe you’re afraid of getting in trouble because you were hurt while doing something against the rules.
Big mistake. Not reporting your accident leads to big problems down the road if the injury becomes more severe overtime. If your “small” bump on the head leads to headaches or a concussion, it’s going to be hard to prove that your accident happened at work if you waited weeks to report it.
Don’t risk it, report it.
2. Being persuaded out of filing for workers’ comp or a claim:
New York construction workers are told so many lies to convince them not to get the benefits that they’re entitled to.
Insurance companies may claim they won’t be covered if the accident was their fault or that their job can fire them for seeking compensation. They may even claim that their injuries are too minor and pursuing a workers' compensation claim simply isn't worth the trouble.
Don’t believe any of it. These are all lies that are spread to keep workers from accessing the money they deserve. File for workers’ comp and then explore if a claim is right for you.
3. Not seeking immediate medical attention:
Even if you don’t think your injury is important enough for a doctor’s visit or you’re afraid of the medical expenses that may accrue, it's crucial that you get your injury examined.
Getting an exam by a doctor is key to getting any compensation down the road. If you file and document correctly, everything should be covered, from the transportation to prescriptions.
Even if you’re feeling better while you’re out on workers’ comp, you need to be seeing a doctor every 45 days to continue receiving benefits.
4. Communicating with the insurance company in any way:
We can’t stress this enough: don’t do it.
Don’t talk to them on the phone. Don’t sign their medical releases. Don’t give them a statement, written or recorded.
The insurance companies will send many people to try to get information from you: nurse case managers, investigators, claim adjustors. They will all seem kind, caring and official, but you must remember that their goal is to get away with paying you less and anything you tell them will be used against you.
5. Accepting any sort of settlement, especially from the insurance companies:
They dangle a big number in front of you and say all you need to do is sign. Don’t.
If they are offering you a settlement, they know you are entitled to more. They also know this: once you sign, you can’t get anything else. This is also true for Section 32 Settlements.
Even if your injuries require more care, even if there were huge safety violations, once you sign for your settlement its game over.
It’s so easy to make a mistake. The forms are so confusing, there are so many deadlines to meet, and you don’t know who you can really trust. One mistake can cause millions of dollars and there are so many mistakes to be made.
Everyone has someone looking out for them: the insurance company, your employer, the union as a whole. But who is only looking out for you?
We are. We are Giampa Law and we have been fighting for injured workers in the Bronx for almost 40 years.
We know the system and we know how to help you beat it. We get the forms, we know the deadlines, and when the insurance companies call, we know how to shut them down. Most importantly, we can file a claim on your behalf and fight for compensation far beyond what workers’ comp can.
There are no upfront costs for our services. You only pay if we win your case. The consultation is free as well.
Contact us today and get the most for your injury.