Even with helmets, harnesses, and safety briefings, construction accidents in New York and beyond happen far too often. One faulty tool, and suddenly, you’re buried under medical bills, stuck at home, and wondering how long your savings will hold out.
While worker’s compensation is supposed to help, getting it is a whole different battle. Negligent companies and their insurers aren’t exactly eager to pay. They’ll dig up every excuse to deny your claim or slash the payout for what’s rightfully yours.
But worry not! This article will walk you through some smart moves you can make to boost your chances of approval and even maximize your settlement. Let’s dive in!
Photo by KATRIN BOLOVTSOVA on Pexels
Don’t Wait Too Long
When it comes to construction accident claims, time is not on your side. The longer you wait to report the accident, the harder it gets to prove that your injuries were caused on the job. The companies love delays—they use them to argue that your injuries aren’t as serious as you claim.
So, make sure to report the incident to your supervisor immediately. Ask for an official accident report and keep a copy for yourself. You also need to seek medical attention right away, even if your injuries seem minor at first.
A doctor’s report is one of the strongest pieces of evidence you can have. It links your injuries directly to the accident and makes it harder for insurers to deny your claim. The sooner you see a doctor, the better your chances of approval.
Hire an Experienced Lawyer
Insurance companies and their adjusters are experts at denying or reducing payouts. Negotiating with them can be tough and frustrating. That’s why hiring an experienced New York construction accident lawyer is a smart move.
These lawyers have dealt with cases like yours countless times and know exactly how to handle the tactics insurers use. They will gather the right evidence, handle negotiations, and build a case that’s tough to reject. And if things go to court, they’ll represent you there, too.
The best part is that many of them offer free consultations. This lets you ask about their past cases and strategies without any pressure to commit. You can freely compare your options and decide who’s the best fit to handle your case.
Avoid Common Mistakes
One of the biggest mistakes people make is talking to insurance adjusters without legal advice. These adjusters might seem friendly, but their goal is to save money for the company—not to help you.
They often ask tricky questions to get you to admit fault or downplay your injuries. So, if you get a call from an adjuster, it’s best to keep it brief and polite. Tell them you’re seeking legal advice and will get back to them.
Another common mistake is posting about the accident or your injuries on social media. Even a simple photo or a comment about feeling “okay” can be used against you. The companies monitor claimants’ social media accounts, looking for anything that can weaken your case.
Get Witnesses on Your Side
Witnesses can play a huge role in getting your claim approved. If coworkers or bystanders saw what happened, get their contact information and ask them to give a statement. Witnesses can confirm the conditions that led to your accident.
This makes it harder for insurers to deny your claim. It’s best to get written or recorded statements as soon as possible while their memory is still fresh. A short, clear account of what they saw can make your case much stronger.
Also, make sure to keep a copy of every statement for your records. When insurance companies see that you have reliable witnesses, they’re less likely to argue that the accident was your fault.
Be Cautious with Independent Medical Exams
After you file a claim, the insurance company might ask you to go through an Independent Medical Exam (IME). The catch? These exams aren’t really “independent.” The doctors performing them are often hired by the negligent company.
This means their reports might lean in the insurer’s favor. To protect yourself, be honest but careful during the exam. Stick to the facts about your injuries—don’t exaggerate, but don’t downplay them, either.
It’s also smart to write down what the doctor asked and how you responded. Bring a friend or family member with you as a witness if possible. This way, if the IME report doesn’t match what really happened, you’ll have proof.
The Takeaway
Getting your construction accident claim approved can be tough, but taking the right steps early on can make a big difference. Acting quickly, avoiding common mistakes, and having the right support can help you build a strong case. The key is to stay informed and prepared so you’re not caught off guard.
Please be advised this article is for informational purposes only and should not be used as a substitute for advice from a trained legal or conveyancing professional. Please seek the advice of a legal or conveyancing professional if you’re facing issues regarding conveyancing needs.
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