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What to do if you're hurt on a construction site

Getting hurt on a job site is stressful in ways other accidents aren't, you're worried about your health, your paycheck, and sometimes your job all at once. Here's a clear checklist. And one thing to know up front: your immigration status does not stop you from having a claim, and a real person here will keep everything confidential.

Right after the injury

  1. 1

    Get medical care immediately and tell the doctor exactly how it happened.

  2. 2

    Report the injury to your employer and make sure it's written down.

  3. 3

    Photograph the scene, the equipment involved, and any missing or broken safety gear.

  4. 4

    Get names and numbers of coworkers who saw it.

  5. 5

    Write down what you were doing, what failed, and who was running the site.

In the first days

  1. 1

    Keep all medical records and a copy of the injury report.

  2. 2

    Don't sign anything from the company or its insurer before talking to a lawyer.

  3. 3

    Ask about your rights beyond workers' comp. There may be more than you were told.

A note on your rights in New York

In New York, a law called the Scaffold Law (Labor Law §240) can hold property owners and contractors responsible for fall and falling-object injuries when proper safety equipment was missing or failed, often without you having to prove anyone was careless. This is separate from workers' comp and can recover much more.

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Common questions

What should I do first if I'm hurt on a construction site?+

The first thing to do if you're hurt on a construction site is get medical care and report the injury to your employer in writing. Then photograph the scene and any missing or broken safety equipment, and get coworker witnesses. That documentation matters because responsibility often falls on the property owner or general contractor, not just your employer.

Can I get more than workers' compensation for a construction injury?+

Yes, you may be able to recover more than workers' compensation for a construction injury. Workers' comp pays limited benefits regardless of fault but doesn't cover pain and suffering. A separate third-party claim against a property owner, general contractor, or other company on site can recover much more, and in New York the Scaffold Law strengthens these claims. Peretz Law Firm pursues both together where the facts allow.

Can I bring a construction injury claim if I'm undocumented?+

Yes, you can bring a construction injury claim regardless of your immigration status. New York's worker-protection laws, including the Scaffold Law, apply to undocumented workers, and your status does not bar you from recovering for your injuries. Peretz Law Firm handles these cases confidentially.

This guide is general information for people in Pennsylvania, New York, New Jersey, it isn't legal advice for your specific situation, and reading it doesn't create an attorney-client relationship. For advice about your own case, talk to a lawyer. We're happy to be that first call, free.

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