A Freeport construction accident attorney from the Law Office of Cohen & Jaffe, LLP, can help sort through your legal options after a workplace accident. We can determine your best path to recover compensation for your injury. If you were hurt on a Nassau County construction site, our team can review your case with you for free.
You may be able to submit a workers’ compensation claim, hold the property owner liable in a premises liability case, or build a third-party liability lawsuit. Your options will depend on the facts of your case, such as how your accident occurred and the extent of your injuries. Our attorneys work based on contingency fees. If we work together, you will not owe attorney’s fees unless we win.
The Law Office of Cohen & Jaffe, LLP Represents Injured Freeport Workers
Our attorneys have recovered millions of dollars for clients hurt in accidents similar to yours. We fight to hold those who caused their injuries accountable for their negligence. We go toe-to-toe with insurance carriers, companies, multinational corporations, individuals, agencies, and more.
All of our clients can take advantage of our “no fee promise.” There are never any upfront costs for our representation. You can count on our law firm to accept all the risks. We only collect our payment from a potential settlement or verdict we secure on your behalf.
Legal Options After a Construction Accident in Freeport, NY
New York law does not allow workers to sue their employers. This could limit your options if you are an employee who was working with other employees on a site owned by your employer when your injuries occurred. However, this is not the most common scenario. You may have additional options if:
- You are an independent contractor
- You were working on property owned by a third party
- You were working with contractors or subcontractors
- Your employer did not employ the party who caused your injuries
Workers’ compensation benefits are generally available for employees hurt at work. New York law requires most companies to provide these insurance policies and pay benefits for injured workers. Many who work on a construction site are not classified as “employees,” though. Instead, they are independent contractors or subcontractors. Alternatively, they may be employees, but their company was hired to work on the site by the owner.
In any of these cases, they may be able to file a claim against a third party, often the property owner or a negligent contractor also working on the site.
Personal Injury Claims
When one party acts negligently and harms another, a personal injury claim or lawsuit may be possible. This could occur when one contractor injures another. For example, imagine one worker throws scrap wood off a higher floor, and it hits someone working on the ground below. This was a careless act, and the worker (and possibly their employer) who threw the wood might be legally responsible.
Premises Liability Claims
New York premises liability laws create a duty of care for site owners. This precedent was set by Basso v. Miller. This means that if there are preventable hazards on the property and they cause someone to suffer injuries, the property owner may be legally liable.
In addition, New York has strong laws in place to protect certain types of workers who work on ladders, scaffolding, and other elevated areas. This includes NY LAB 240 and NY LAB 241. Under these laws, the property owner may be legally responsible for injuries that occur in falls during this type of work.
Compensation Depends on the Type of Claim
If you are limited to filing workers’ compensation, your benefits will be more limited than those who can pursue a third-party liability claim or lawsuit. Workers’ compensation usually pays for medical treatment for the injury and pays a portion of your lost wages until you can return to work or long-term if you cannot return to the workforce.
A third-party claim, on the other hand, may cover a wide range of other expenses and losses. This includes:
- Medical treatment and care
- Future medical costs
- Lost income and benefits
- Future misses pay if you cannot go back to work
- Property damages
- Pain and suffering and other intangible losses
Workers’ compensation offers a death benefit and funeral and burial benefits for surviving family members. We also help families who lost a loved one seek wrongful death damages in civil court when possible.
Make Sure You See an Authorized Physician
After filing a workers’ compensation claim, your employer’s insurer will usually assign an authorized physician to assess your injuries. Make sure you follow through with any prescribed treatment plan and make your doctor’s appointments. Failure to do so can compromise your benefits.
Even if you plan on filing a third-party liability lawsuit, medical documentation will support your case.
Time Is Running Out to Take Legal Action
Under CVP § 214, those who suffer personal injuries in New York generally have up to three years to sue the liable party or parties. You have even less time to take the first steps to get benefits in a workers’ comp case.
As soon as you suffer injuries or are diagnosed with a chronic use injury or job-related illness, you should report it to your employer. If you are an independent contractor, you can reach out for a free consultation so we can look at your options with you. Meeting all applicable deadlines is crucial for getting the money you need to pay for your care and lost income.
Work With a Nassau County Construction Accident Lawyer
At the Law Office of Cohen & Jaffe, LLP, our lawyers provide complimentary case assessments. We believe all injured workers should understand their rights and legal options. You should not have to pay for your medical care on your own. We can help hold the liable parties legally responsible and secure a financial recovery.
Call (516) 358-6900 to speak with a member of our legal team about your case.
For a free legal consultation with a construction accidents lawyer serving Freeport, call 516-358-6900