If you suffer an injury while working on a construction site, encouraging your employer to file an accident report is a critical step. Although it is primarily an employer’s responsibility, taking initiative can help increase your ability to recover compensation.
In the aftermath of a construction accident, prioritize your well-being. Dial 911 to request emergency services if the accident involves injuries or poses an immediate threat. Notify your employer about the accident promptly. This step is crucial for initiating internal investigations and ensuring compliance with workers’ compensation reporting requirements.
If you are not transported to the hospital, take photos and videos of the site, what caused your injury, and your injury. Once you notify your employer, they must report the accident to their workers’ compensation insurance company. They must also provide you with a workers’ compensation claim form to fill out and return. This process allows you to access medical treatment and receive compensation for lost wages during your recovery.
Reporting to OSHA
OSHA mandates reporting for incidents resulting in a fatality, in-patient hospitalization, amputation, or loss of an eye. If the accident meets OSHA’s reporting criteria, employers are required to report the incident within 24 hours or 8 hours if there is a fatality.
However, if you are unsure whether your employer will follow through, you can make the report yourself. This can be done:
- Online through OSHA’s reporting portal.
- By calling the OSHA 24-hour hotline at 1-800-321-6742 (OSHA).
- In person to the nearest OSHA office.
Be prepared to provide accurate and detailed information about the circumstances of the accident, including the business name, names of employees affected, location and time of the accident, a description of what occurred, a contact person and phone number, and any factors that may have contributed to the incident.
Reporting to NYC Department of Buildings
Under 3310.8.2 (7) of the New York City Building Code, property owners, contractors, subcontractors, site safety coordinators, managers, or any person in control of a construction site that requires a permit must immediately report the following incidents to the NYC Department of Buildings:
- A fatality of a member of the public;
- Any injury to a member of the public;
- A worker fatality;
- A worker injury that requires emergency transportation or emergency care at a hospital or offsite medical clinic;
- Any structural collapse or material failure (complete or partial) of permanent or temporary construction, buildings/structures or excavations;
- Any structural collapse or failure (complete or partial) of pedestrian protection (such as fences or sidewalk sheds) or scaffolding;
- Any structural collapse or failure (complete or partial) of hoisting equipment (such as a crane or hoist) or material handling equipment (such as an excavator);
- Any failure that results in hoisting equipment or material handling equipment overturning (fully or partially) or losing control of a load;
- Any material fall exterior to the building or structure; or
- Any damage to adjoining property (public or private)
To report a construction accident to the NYC Department of Buildings, file a complaint online or by calling 311. Provide specific details about the incident, including the location, date, and nature of the accident. If you have been in a construction accident, contact a White Plains construction accident attorney today.