If you work in construction and suffer an injury at work, you expect your employer to cover your medical bills. However, your employer may do everything they can to avoid paying these and other accident-related losses. At this point, partner with an Elmont construction accident lawyer to request damages and hold your employer accountable for their negligence.
Levine And Wiss, PLLC has more than 100 years of combined legal experience. Our Elmont personal injury lawyer is available to discuss your construction accident case. To get started, contact us today.
What to Do After a Construction Accident
If you get hurt on a construction site, seek medical help immediately. Meet with a doctor who can evaluate and treat your injury. In addition, continue to receive medical treatments and track your medical expenses.
Next, file a New York State workers’ compensation claim. Most New York employers offer workers’ compensation benefits. You have up to 30 days from the date of your accident to submit your request for benefits.
It is also a good idea to consult with an Elmont construction accident attorney since they can help you pursue workers’ comp benefits. Levine And Wiss, PLLC has plenty of experience with personal injury cases. Get in touch with us for legal help with your construction accident case.
For a free legal consultation with a construction accident lawyer serving Elmont, call 888-468-4878
What to Expect After You File a Workers’ Compensation Claim
With slip, trip, and fall accidents and others that warrant workers’ comp claims, you must provide evidence to support your request. Your construction accident lawyer in Elmont may help you build a body of proof. They may work with you to gather accident scene photos and videos, medical records, and other evidence to help you show that you deserve compensation.
Your employer may commit time and resources to contest your workers’ compensation request. This may lead to a denial of your claim. Fortunately, a construction accident attorney in Elmont can help you appeal this denial.
If you suffer an injury at a construction site, your employer’s insurance company may offer you a settlement. It may be tempting to approve this offer, as it will give you money you can start using right away. Rather than accept the proposal, it may be beneficial to review it with your attorney, who will help you weigh its pros and cons.
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Who Is Responsible for a Construction Accident
In many instances, an employer is liable for a construction site accident. Yet, there are times when one or more parties may be held responsible. Examples of parties at fault for construction accidents include:
- Delivery drivers
- Equipment manufacturers
- Independent contractors
- Property owners
- Vendors
If you are uncertain about who is at fault for your accident, ask a lawyer to examine your case. Select an attorney who has received positive reviews since this lawyer will give your case their full attention. Once your lawyer identifies any liable parties, they can determine how much your case is worth and submit your claim.
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Damages in a Construction Accident Claim
A construction accident can leave you with broken bones and other injuries that will heal in the foreseeable future. Alternatively, it can cause a traumatic brain injury (TBI) or other severe injuries that affect you for the rest of your life. Your lawyer focuses on your case results, calculating your short- and long-term losses and requesting reasonable compensation.
In a workers’ comp claim, you may ask for money to cover your medical bills and lost wages. On the other hand, you may be able to file an injury lawsuit. If you do, you may request economic and non-economic damages.
A judge or jury may award economic damages for your medical expenses and other quantifiable losses. You may receive non-economic damages based on subjective losses, including pain and suffering and emotional trauma. With your Elmont construction accident lawyer’s help, you can pursue the most damages possible.
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Construction Accident Wrongful Death
If a family member gets killed at a construction site, you may be eligible for damages. It may be difficult to think about taking legal action against your loved one’s employer or another at-fault party. By partnering with a wrongful death lawyer, you can receive legal guidance and support during this challenging time.
According to New York Consolidated Laws, Estates, Powers, and Trusts (EPT) §5-4-1, a personal representative of a deceased individual (decedent) is able to file a death claim. If you are a sibling, child, or spouse of a decedent, you may be eligible to submit a claim. You may also be able to seek damages if someone named you their personal representative in their will.
Your lawyer can explain the steps required to request damages on the grounds of a wrongful death. If you have a compelling case, the defendant may be inclined to settle. This may lead to a settlement offer, which you and your family have the opportunity to review and discuss with your Elmont construction accident attorney.
When to File a Construction Accident Lawsuit
Generally, the statute of limitations for a personal injury lawsuit is three years. In a wrongful death case, the statute of limitations is two years. If the window for filing your lawsuit closes, you may be ineligible to pursue damages at a later time.
Your construction accident lawyer in Elmont can submit your claim before the period in which you are allowed to do so expires. They will represent your best interests and protect your legal rights throughout your litigation. They may be able to negotiate a settlement on your behalf.
Your employer or their insurance company may propose a settlement. If this happens, you should consider how your losses will impact you now and in the future. When a settlement offer falls short of your expectations, you can decline the proposal and continue with your litigation.
Get Help with Your Construction Accident Case
At Levine And Wiss, PLLC, we understand what can happen if you choose to go through the legal process by yourself. We will help you avoid legal challenges, working diligently and effectively to secure the compensation you want. Contact us today to schedule a free case evaluation.
Call 888-468-4878 or complete a Free Case Evaluation form