Several investigations, different goals
After a serious accident, more than one inquiry may be underway at once. OSHA may inspect the site, the general contractor and its insurer usually prepare their own reports, and in New York City the Department of Buildings may become involved. None of those investigations is designed to protect the injured worker's legal interests, and some are designed to protect the companies involved. New York's Labor Law contains provisions that place duties on property owners and general contractors for certain hazards, especially those involving height and falling objects, and claims under those provisions work differently from an ordinary negligence case. Your direct employer is usually covered by workers' compensation rather than a lawsuit, while other companies on the site may not be.
Preserving a site that keeps changing
Photos and video taken as soon as possible are often the most valuable evidence, including the equipment involved, the area around it, and any missing guardrails or safety devices. Names and phone numbers of coworkers who saw what happened matter, because crews move on to other jobs. A formal preservation letter can ask the companies involved to keep equipment, logs, daily reports, and surveillance footage. Keep copies of any incident report you were asked to sign, and be cautious about giving recorded statements to an insurer before talking with a lawyer. Medical records from the first visit forward also become part of the record of what happened.
What the first review sorts out
In a first meeting we map who was on the site: the owner, the general contractor, subcontractors, equipment suppliers, and anyone else with control over the work. We look at how the accident happened in enough detail to see which legal theories may apply. We also confirm that the workers' compensation claim has been reported, because that system has its own notice requirements. If a public agency owns the property, a notice of claim may be due within a short period, so we check that immediately. You leave knowing which evidence we will try to secure first and what information we still need from you.
