The consequences of construction accidents are life-altering, and often can result in severe injuries that can have an impact on daily life and earning potential. Fortunately, there are legal avenues available to help injured workers pursue compensation. For those affected, understanding these options can make a difference in how quickly and effectively they recover financially and physically. Below, we address some frequently asked questions to help provide guidance. If you’re considering legal action after a construction accident in construction accident lawyers can offer essential support and help determine the most suitable path.
What Types Of Compensation Are Available After A Construction Accident?
Victims of a workplace injury may be eligible for several forms of compensation, depending on the circumstances of the incident and the nature of the injuries sustained. Workers’ compensation is often the first option, covering medical expenses and a portion of lost wages. However, additional options may be available, such as third-party claims. If a third party, like a contractor or equipment manufacturer, contributed to the accident, victims may seek additional damages beyond workers’ comp. This route can help cover pain and suffering, emotional distress, and other non-economic losses, providing a broader scope of compensation.
Can I Pursue A Claim If I’m Partially At Fault For The Accident?
Yes, it may still be possible to pursue compensation even if the injured worker is partially at fault. New York follows a comparative negligence rule, meaning that compensation may be adjusted based on the worker’s level of responsibility for the incident. If someone else, such as a subcontractor or equipment provider, shares fault, they may also be held accountable. In cases like these, we can help assess the specific situation to determine if a claim is worth pursuing and guide victims on the most practical steps.
What Should I Do Immediately After A Construction Accident?
The moments following a construction accident are critical. Seeking medical attention is the first priority, regardless of the severity of the injuries. Reporting the accident to a supervisor or employer is also essential, as this creates an official record and helps protect rights to workers’ compensation. Gathering evidence, such as photographs of the accident scene, witness information, and medical records, can also strengthen a claim. Consulting with a lawyer as soon as possible can provide a clear direction, helping victims take the necessary steps without delay.
What If My Workers’ Compensation Claim Is Denied?
Denials are not uncommon in workers’ compensation cases, and they don’t necessarily mean the end of the road. Injured workers have the right to appeal a denial. This process involves gathering additional documentation or clarifying details related to the injury and the circumstances of the accident. Legal support can make a difference during appeals, as we can help compile evidence, represent clients during hearings, and address any obstacles that may arise.
How Long Do I Have To File A Construction Accident Claim?
The time frame for filing a construction accident claim varies based on the type of claim. For workers’ compensation, New York law generally requires injured workers to report the incident within 30 days and file a claim within two years. For third-party claims, the statute of limitations is often three years. It’s crucial to act quickly, as delays can impact the ability to collect evidence and build a strong case. We are here to guide clients through the process and help meet all necessary deadlines.
Exploring Your Legal Rights After A Construction Accident
Seeking legal guidance can clarify your options and maximize your chance of fair compensation after an accident. Contact us today to discuss your case and let us work alongside you to protect your rights. Polsky, Shouldice & Rosen, P.C. is ready to help you move forward.
