Across New York, the private construction industry has some of the highest fatality levels. While many companies continue to institute additional safety policies and supports, many still face severe injuries related to construction accidents across the New York area. Do you need a construction accident lawyer to help you file a claim after an accident?
When Do You Need a Lawyer to Help with a Construction Accident?
If you work in the private construction industry, you probably know you have a higher risk of fatal occupational injuries or devastating, life-changing injuries on the job. On the other hand, visitors to construction sites may not realize the potential challenges they may face.
When to Contact a Lawyer After a Workplace Construction Accident in New York
New York workers’ compensation offers financial assistance any time a worker, including a construction worker, suffers injuries on a job site. Workers’ comp kicks in regardless of who caused your accident.
You can file a workers’ comp claim even if your own negligence or inattention caused the accident, and you will receive the same level of compensation that you would receive if you sustained severe injuries due to employer negligence.
Workers’ comp should pay for all of the medical bills associated with your accident as well as provide up to 2/3 of your income for the duration of your recovery, workers’ comp claims may not always proceed smoothly. You may need to contact a lawyer to help with your workers’ comp claim after a New York construction accident under several circumstances.
Your employer denies that your injury occurred at work.
To file a workers’ comp claim, you must show that your injury occurred at work or completing job tasks. That could mean an injury on a job site, in the office, or while driving an employer vehicle to or from a job site or to complete work tasks. However, sometimes, your employer may deny that your accident occurred at work. You may not have had time to fill out an incident report before you went to the hospital, or you may not have realized the severity of your injuries at the time of your accident and may have gone to the hospital much later.
If your employer denies that your injuries occurred at work, you may have difficulty getting the compensation you need. Talk to a lawyer to learn more about establishing when your injuries occurred.
Your workers’ comp insurance provider denies needed treatment for your injuries.
While workers’ comp pays for any treatments associated with workplace injuries, you may have difficulty getting the insurance company to fully acknowledge the extent of your injuries and the treatments you need.
Workers’ comp may pressure you to use specific providers or try lower-cost treatments before you go in for the more extensive treatments you need for your injuries. You may also have your claim denied outright. A lawyer can help you fight for the treatment you deserve after your accident.
Your employer delays payment or processing of your claim.
When you have serious workplace injuries, you need compensation for those injuries in your hands quickly.
While workers’ comp delays, you may have a hard time getting treatment for your injuries, which could worsen your condition and make it harder for you to recover. Furthermore, you may not get paid for 2/3 of your wages offered by workers’ comp until the claim is approved. In the meantime, your bills may continue to mount, making it difficult to pay for your regular expenses, let alone hospital bills.
Your employer tries to pressure you to return to work before your doctor says you can.
The return to work after a serious injury may require some negotiation. Construction sites have many obvious dangers that can make it very difficult to get back on the job before you fully recover from an accident. You may have difficulty dealing with the many limitations caused by your injuries while maintaining safety on the job site.
Sometimes, however, your employer may pressure you to get back to work despite your clear limitations and injuries. If you face a great deal of pressure to get back to work early, you may need a lawyer to help show your commitment to following your doctor’s orders and getting the care you need.
Your employer attempts to retaliate against you in any way for filing a workers’ comp claim.
The law protects your right to file a workers’ comp claim. If you end up suffering retaliation, including firing or reduced hours, after your construction accident, a lawyer can help you fight to protect your rights.
You suffer permanent disability as a result of your construction accident.
When you suffer permanent disability, you may need to pursue a settlement through workers’ comp. That settlement can have a significant bearing on your ability to pay your future bills, especially if you cannot return to work on a construction site. By working with a lawyer, you can negotiate a fair settlement based on the disability you have sustained.
A third party caused or contributed to your construction site accident.
In some cases, you may have the ability to file an injury claim as well as a workers’ comp claim after an injury on a construction site. Filing both a workers’ comp claim and an injury claim may change the compensation you can recover. Working with a lawyer can help you navigate that process more effectively and give you a better idea of how to put together the claim that will give you the best results after a construction site accident.
When to Contact a Lawyer After a Non-Worker Construction Site Injury
Many people visit construction sites for a number of reasons. You may work at the facility under construction and need to pick up something or check in on progress. You might need to travel through a construction site to reach your destination or visit someone on the site. If you suffer any type of injury due to the negligence of a construction company or worker, you may need a lawyer to help you file a claim that will maximize the compensation you can recover after your accident.
If you do attempt to handle the claim on your own, you may notice several signs that you need to move forward with contacting a lawyer.
You get a settlement offer from the insurance company, but it does not seem to include the damages you actually sustained due to your construction site injuries.
Often, insurance companies will try to pressure construction site accident victims to accept settlements that fit the needs of the insurance company, not the needs of the injured party. You may, for example, notice that the insurance company issues an offer that includes just a fraction of the cost of treatment for your injuries or that fails to take the full extent of your suffering into account. A lawyer can help you more clearly determine what damages you should include as part of your injury claim and ensure that the insurance company takes them seriously.
The insurance company or construction company denies liability for the accident.
The insurance company may attempt to deny liability in a number of ways. Most notably, it may claim that your accident did not occur on the construction site or that your accident did not occur due to the negligence of any member of the construction company.
The insurance company may also attempt to deny the extent of your injuries or the extent of the treatment you actually needed for the accident. A lawyer can help you more clearly collect and put together the evidence related to your accident so that you can include it as part of a comprehensive claim.
The insurance company makes it difficult for you to get in contact.
Have you found yourself fighting just to get the insurance company to talk to you? Does the insurance company delay returning your calls or fail to get back to you after you call in? You may need to work with a lawyer to get the insurance company to take your claim more seriously. The insurance company may respond more effectively when dealing with a lawyer than when dealing with you.
Multiple factors may have contributed to your construction accident.
Sometimes, you may uncover multiple factors that can increase the damages associated with a construction accident or raise the risk workers face on the construction site. For example, the owner of rented equipment, subcontractors on the property, and even the owner of the property may all share liability for your construction site accident.
lawyer may make it easier to identify all the parties that may share liability for the accident and collect relevant evidence so that you can establish your claim.
A lawyer can help pull together evidence related to your claim.
Often, a lawyer will find it easier to locate the needed evidence as you put together a comprehensive construction accident claim. Does the company have a history of OSHA violations? Has the company seen a higher-than-normal number of accidents with injuries? Did the company receive a previous warning about the equipment or safety precautions that caused your accident and injuries? A lawyer can pull together that information and review your specific accident to create a more comprehensive claim that clearly shows the construction company’s liability.
A lawyer can help evaluate all the factors that may have caused or contributed to your construction accident.
Sometimes, you may have a case in which more than one party contributed to your accident. A lawyer can help sort through the evidence and more clearly identify who may have contributed to the incident, making it easier for you to assign liability to each one.
A lawyer can help lay out the full compensation you deserve for your injuries.
Sometimes, you may need an attorney to clearly lay out and define the damages you suffered because of your construction site accident and the compensation you deserve. Construction accident victims may miss some of the details of the compensation they may deserve for their injuries. A lawyer can help lay out all those damages and the compensation to expect.
A lawyer can help review insurance policies and offer a better look at how much compensation to expect.
Sometimes, determining the compensation you deserve after a construction accident may mean a comprehensive look at the insurance policy that covers the liable party. A lawyer can help look over that policy and understand what compensation you may deserve and how you can ensure that you get maximum compensation for your injuries.
A lawyer can help support you and reduce your stress during the claim process.
Most people do not have any experience dealing with injury claims. Often, those claims mean substantial challenges and ongoing stress. By working with a lawyer, you can substantially reduce that stress since you can hand that claim over to an attorney who can guide you through the process and take care of many of those tasks for you.
Furthermore, many people find that working with a construction accident lawyer increases the likelihood that they will recover full compensation for their injuries.
Contact a New York Construction Accident Lawyer Today
If you suffered injuries in a New York construction accident, do not wait to get the help you need. Contact a New York construction accident lawyer today.
Mr. Finkelstein is the Managing Partner of Finkelstein & Partners, LLP. He has become a noted consumer activist through his representation of injured individuals against corporate wrongdoers and irresponsible parties.
An accomplished litigator, Mr. Finkelstein has represented Plaintiffs in wrongful death and catastrophic personal injury cases. He has successfully handled dozens of multi-million dollar cases.