After a Construction-Site Accident: Steps for Owners and Contractors

Reviewed September 7, 2026.

Address emergency medical care and immediate hazards first. Then coordinate evidence preservation, required reporting, insurance notice and the response to any claim.

1. Preserve evidence. Retain photographs, video, equipment, project records and witness contact details. Suspend routine deletion of relevant material. Do not use a generic three-year disposal rule where litigation or another retention obligation may continue.
2. Check reporting duties immediately. OSHA's reporting rule generally requires notice of work-related fatalities within eight hours and inpatient hospitalizations, amputations or eye losses within 24 hours, subject to its event and knowledge rules. Other reporting requirements may also apply.
3. Notify insurers promptly. Follow each potentially applicable policy's notice provisions and retain delivery confirmation. Forward demands and lawsuits immediately; initial incident notice does not replace later notice of a suit.
4. Review the coverage response. Obtain a written position and coordinate defense obligations, deductibles and any other available coverage.

A reservation of rights needs review

It is not automatically a denial of defense. Nor does every reservation entitle the insured to select counsel at the insurer's expense. That issue depends on the coverage dispute and a qualifying conflict of interest. Obtain advice before rejecting appointed counsel or agreeing to a settlement.

Kushnick Pallaci PLLC assists clients throughout New York with construction insurance coverage and defense disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.

Attorney Advertising. General information, not legal advice.