Construction accidents can leave you feeling vulnerable and uncertain about your next steps. Your employer might tell you that filing a workers’ compensation claim isn’t possible, but this statement often masks their own interests rather than protecting yours.
New York law protects your right to file a workers’ compensation claim after a construction accident, regardless of what your employer says. Understanding your rights helps you make informed decisions about your future and your recovery.
Know your rights as an injured worker
Every construction worker in New York should understand their basic rights after an accident. These rights exist to protect you and ensure you receive proper compensation for your injuries. You have the right to:
- Medical treatment: You have the right to seek immediate medical care from a provider of your choice who accepts workers’ compensation
- Incident reports: You can report your accident within 30 days, though reporting it immediately strengthens your claim
- Legal protection: Your employer cannot fire or punish you for filing a workers’ compensation claim
- Independent review: You can request a second medical opinion if you disagree with the initial assessment
Your employer might discourage you from exercising these rights, but remember that these protections exist specifically for situations like yours.
What to do if your employer discourages your claim
Taking the right steps after your accident can protect your rights and strengthen your claim. Following a clear plan of action helps you overcome employer resistance and secure the benefits you deserve.
- Document all conversations with your employer about the accident
- Keep copies of medical records and accident-related expenses
- Take photos of your injuries and the accident scene
- Write down names and contact information of any witnesses
- Contact a workers’ compensation attorney for guidance
Your ability to file a workers’ compensation claim remains your right under New York law, regardless of what your employer tells you. Speaking with a workers’ compensation attorney can help you understand your options and protect your rights while you focus on recovery.