1. Notify your supervisor or manager on duty immediately.
Make sure to ask for a copy of the incident report. When filling out the accident/incident report keep in mind that it's a statement of what happened and it will become part of your case

2. Seek medical treatment.

Choosing the doctor

Some injuries may not be apparent right away. You must see your physician as soon as possible.

According to Workers' Compensation laws and regulations, an employee is entitled to his/her choice of medical attention. The employee is under no obligation to treat with specific provider unless the employer participates in a preferred provider organization. On occasion an employer may request examination by their own physician, but the worker is best advised to seek medical treatment form his/her own medical provider. If a worker is ordered to go for an independent medical examination he/she should consult his/her union representative or an experienced workers' compensation attorney for further clarification.

At the Doctor's

Doctors should be informed that this is a work related injury. All medical bills incurred related to an on-the-job accident should be covered by Workers' Compensation insurance. It is important to provide a clear history to your treating doctors. You should let the doctor know that you were injured in at work..

3. Call attorneys at Collins & Maxwell (1-888-422-1200) for a free consultation.

If you or anyone you know has been injured on the job contact Collins & Maxwell. We understand and we are here to help. Call today and make an appointment with one of our attorneys.

4. Apply for Workers' Compensation Benefits.

How to apply.

According to New York State law, if injured at work, employees are entitled to Workers' Compensation benefits. Once you notify your employer of your injury, it is the employer's obligation to notify the Workers' Compensation carrier. Do not let your employer convince you not to file a claim. Any promise by your employer that they will “take care of everything” should be promptly refused. If you don't file a claim at the time you are injured you may very likely be denied your rights an protection in the future.

5. Contact your union representatives.

If you belong to a union you must contact your BA or union representative as soon as possible. Union representative should be informed about the accident and injuries sustained. In case

6. C3 form for Workers' Compensation benefits.

Employees should fill a C-3 accident report and file it with the Workers' Compensation Board. Report should indicate how the accident happened and the possible causes of the accident (such as unsafe environment, defective equipment, unskilled co-workers and etc.). When filling out any accident/incident reports keep the description of the accident brief. If possible, a union representative should be consulted prior to completing an accident report.

7. Get copies of any accident reports.

If an accident report was generated by the employer and/or supervisor, make sure to get a copy of it for your records.

8. Do not give statements to anyone else about the accident.

With the exception of your union representative and/or supervisor, you should not discuss your case with anyone without your attorney present.

9. Keep copies

It may take a substantial period of time before your lawsuit will come to an end. A lot of detail gets forgotten with time. In order to avoid any problems, you should always maintain copies of all records, documents and bills as a reminder of important details of your claim.

The following items should be kept in one place:

•  Any out of pocket expenses incurred as a result of an injury;

•  Dates and times of medical treatment or hospitalization;

•  Names of witnesses and what they have to say;

•  Details of ongoing disability, pain and suffering and changes in lifestyles that has resulted from an injury;

•  Loss of earnings and fringe benefits.

Third party legal action: an additional right

In 1885, the Legislature of the State of New York passed laws to protect construction workers. The legislature was passed to protect workers from bodily harm and to eliminate dangerous conditions from the work site.

As the result of endless efforts of organized labor organizations, the first “construction site” laws were enacted in 1885 and have continually been changed and strengthened. These laws now require construction site owners and general contractors to provide all workers with a safe place to work. A worker who is injured on a construction site may have the right to bring an action against the site owner and general contractor for monetary damages in addition to Workers' Compensation coverage. These civil damages outside the Workers' Compensation benefits and may include monetary awards for pain and suffering, permanent injury, full loss of earnings and fringe benefits and any resulting changes in life-style due to disability.

The content of this page is for information only and does not serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.