Each day poses potential risk when you work in construction. Falling debris, heavy machinery, dangerous heights and many other on-site conditions pose a threat to the safety of construction workers. If you or someone you know was hurt while on a construction site, you may be entitled to compensation. A Hempstead construction accident attorney at the Law Office of Cohen & Jaffe, LLP can discuss your case with you through a free case review.
Compensation for Your Construction Accident
The value of your case depends on several factors. Unfortunately, we won’t know how much compensation you can receive until we take on your case and begin tallying your losses. Numerous things can affect the amount of money you receive.
In most cases, construction workers have to file a workers’ compensation claim in order to be compensated. Workers’ compensation in New York only provides certain benefits, such as medical expenses, lost wages, disability benefits, or survivor benefits, if you are the spouse or dependent of a construction worker who died due to injuries in an accident. Non-economic losses such as pain and suffering are not included.
Compensation for Medical Expenses
Your medical care expenses can be covered up to 100%, if they are determined to be medically necessary. However, the doctors who treat you must be authorized by the New York State Workers’ Compensation Board. If your personal physician is authorized by the board, you may see him or her for your medical care. Typical medical expenses covered by workers’ compensation include:
- Hospital visits
- Regular doctor’s appointments
- Surgical treatment
- Dental care
- Medical assistive devices and equipment
Compensation for Wages and Disability Payments
You are entitled to receive up to two-thirds of your lost wages under New York law, per WKC § 15. The payments are based on whether you have a partial or total disability. If you have a permanent disability, you can be compensated for the loss of a body part or other impairment. Your payments will be determined by which body part was injured or the amount of wage-earning ability you lost due to it.
If you were wrongly denied workers’ compensation benefits, the personal injury lawyers at our law offices can review your workers’ compensation paperwork and medical documentation, gather further evidence of your injuries, and help you appeal the decision.
Bystanders and Visitors Injured in Construction Accidents in Hempstead
If you are a non-worker injured in a construction accident, you are automatically entitled to file a personal injury claim against the liable construction company or parties. You can be compensated for any of your injuries and losses. You may be entitled to recover both economic and non-economic damages.
You Can Recover Any of Your Expenses
To determine what your case is worth, economic damages will be easiest to calculate since they are a direct result of your expenses. Economic damages are commonly awarded based on the types of expenses listed below:
- Present and continuing medical care
- Physical rehabilitation
- Adaptive modifications for home and car
- Lost wages
- Diminished ability to earn
- Paid assistance for household tasks (aka replacement services)
- Medical devices, supplies and aids
- Other less common expenses resulting from your accident directly or indirectly
You Can Recover Pain and Suffering Damages
Your non-economic compensation will be a little tougher to determine as it is not based on monetary expenses. Rather, this compensation is predicated on how much you have suffered. Besides your physical pain and suffering, your mental or emotional anguish will also be considered and may include things such as:
- Chronic pain
- Lost function of limbs or other body parts
- Traumatic brain injuries
- Lost quality of life
- Loss of enjoyment of activities
- Embarrassment or humiliation
- Damaged reputation
- Depression or other emotional suffering
Construction Workers May Be Able to Sue Their Employers
Workers’ compensation protects employers from lawsuits arising out of personal injury on the job. This means you are not likely to be able to sue them, but there are times when a personal injury lawsuit is viable and necessary.
The Accident Was Caused By a Faulty Part
You may be able to sue the parts manufacturer in a product liability suit if you were injured due to a defective piece of equipment or part.
A Premise Liability Issue Led to Your Accident
If there was an issue of safety related to the actual property of the construction site, you may be able to file a lawsuit against the property owner.
Your Employer’s Intentional Misconduct Caused Your Injury
Workers’ compensation does not generally cover intentional acts to cause harm or violations of the law. If your employer behaved in such a way, he or she may have left themselves open to a lawsuit.
Your Employer doesn’t Have Workers’ Compensation Insurance
If they do not have the insurance, it is not possible for you to be covered for your injuries; therefore, you can personally sue the employer for any damages. Further, your employer will have to pay a penalty for failing to carry the legally required workers’ compensation insurance.
A Third Party Caused Your Accident
If someone else’s negligent actions resulted in your injury on the job, you may be able to bring a personal injury lawsuit against them. For example, if your co-worker left a pile of metal planks directly behind you to answer his phone and you were injured as a result, you would be entitled to file an action against him in court.
Most of these situations allow you to collect workers’ compensation and potentially file a civil suit for damages. A construction accident lawyer at our firm can help you determine which situation applies to your case by investigating the cause of your accident.
Our Law Firm Will Handle the Details of Your Case
When you work with a construction accident lawyer serving Hempstead at our firm, you receive an advocate who will take charge of your case. Your rest and recovery should be first priority, and with our help it can be. There are no up-front costs for our services, so you can get the legal help you need without the financial burden. Read about our No Fee Promise to understand how we get paid.
The personal injury lawyers on our team will:
- Provide updates on your case
- Conduct an investigation into your accident
- Determine liable parties
- Gather evidence of your injuries and losses
- File an insurance claim or workers’ compensation claim for your due compensation
- Represent you in negotiations for a fair settlement
- Appeal a wrongful denial of workers’ compensation benefits
- File a lawsuit with the court
- Represent you in litigation
Get the Compensation You Deserve with the Law Office of Cohen & Jaffe, LLP
A Hempstead construction accident attorney can explain your rights and options as they pertain to your unique circumstances. We offer accessible service that puts your best interest first. Call the Law Office of Cohen & Jaffe, LLP at (516) 358-6900 for a free consultation today.
For a free legal consultation with a construction accidents lawyer serving Hempstead, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.