If you are living with injuries suffered in a construction accident in Nassau County, New York, you could be entitled to monetary compensation. This compensation could take different forms, including the proceeds of a lawsuit or benefits from a workers’ compensation claim.
Thankfully, you do not have to navigate the process of securing fair compensation by yourself. With a Hempstead NY construction accident lawyer from the Law Office of Cohen & Jaffe, LLP by your side, you could avoid the pitfalls common with these cases while working to maximize your compensation. They could lead you through the process step by step.
Third-Party Lawsuits vs. Workers’ Compensation Claims
There are two primary avenues you could pursue when seeking monetary damages following a construction accident. These options include filing a lawsuit or pursuing a workers’ compensation claim. The appropriate option for your case will depend on your relationship to the party that was responsible for the accident.
Workers’ Compensation Claims
The vast majority of construction workers in New York are covered by workers’ compensation insurance. This insurance provides injured employees with the ability to seek monetary damages through the state workers’ compensation system.
This system of benefits is designed to be “no-fault,” meaning that you could be entitled to compensation even if your negligence was responsible for your injuries. The downside is that these claims do not cover the same broad range of compensation that a personal injury lawsuit does. By filing a workers’ compensation claim, you could recover:
- Health care costs stemming from the accident
- Vocational rehabilitation
- Travel expenses resulting from your care
- Partial wage replacement
Other damages are only available through a personal injury lawsuit. However, state law prevents most employees from filing a lawsuit against their employer following an accident.
There are some situations where a lawsuit is a viable option following a construction accident. Workers’ compensation insurance only covers employees, meaning that bystanders injured in a construction site accident could still pursue a negligence lawsuit against the company involved in the construction.
Likewise, construction workers could also pursue a lawsuit if their accident was caused by a third party like a bystander or a vendor. The compensation that could be available through these lawsuits include:
- Pain and suffering
- Lost wages
- Medical expenses
- Loss of future earning power
- In-home care expenses
- Loss of consortium
Our Lawyers Can Keep Your Case on Track
The process of seeking monetary damages following a construction accident—whether through a workers’ compensation claim or a lawsuit—can be a challenging process. In either situation, we could provide helpful insight and assistance to ensure you maximize your chances for financial compensation. Some of the ways we could help include:
Investigating Your Construction Accident
Before you can initiate legal action, it is vital that you know all of the facts involving your accident. Our firm could thoroughly investigate every aspect of your accident to determine the appropriate type of case to pursue. What’s more, our investigation could identify the compensation you are entitled to recover.
The process of investigating your case can cover a lot of ground. We could interview witnesses to the accident or request copies of an incident report. When it comes to determining your damages, we could collect your medical records and evaluate them to determine appropriate compensation for your injuries.
Complying with All Legal Deadlines
Both civil lawsuits and workers’ compensation claims are bound by legal deadlines. The failure to comply with these deadlines could bring your case to an unsuccessful end. The amount of time you have to move forward with your case will depend on the type of legal action you pursue.
If you are filing a third-party personal injury lawsuit, you must comply with the statute of limitations. In Hempstead, the statute of limitations is governed by CVP § 214. Generally, you have three years from the date of your accident to file a lawsuit.
The legal deadline for a workers’ compensation claim is different. For starters, you must report your accident as soon as possible to your employer. This must occur within 30 days of the accident. What’s more, you have two years from the date the accident occurs to file the workers’ compensation claim.
Serving as Your Advocate
The thought of dealing with your employer’s insurance company after an accident could be difficult. The same is true for addressing the insurance carrier or legal team for the defendant in your personal injury lawsuit.
One of the primary benefits of working with our firm is allowing our team to advocate on your behalf. We could negotiate with insurance companies and provide the necessary documentation to the Workers’ Compensation Board.
By letting us focus on these interactions, you could spend your time recovering from your injuries. This relationship could greatly reduce the stress and worry that comes with a serious injury.
Litigating Your Case
It is common for our routine to resolve construction accident cases with a negotiated settlement. While this outcome is the goal, there are times when litigation is necessary, like if an insurance company refuses to take responsibility for the accident.
Our firm will handle every aspect of your legal case while ensuring that you are never left in the dark. While we work toward a resolution, we will ensure you are familiar with the facts of the case and prepare you for any court appearances that could be necessary.
Call Our Firm Today After You Were Hurt in a Construction Accident in Hempstead
The aftermath of a construction accident is a confusing and stressful time. It can be difficult to contemplate your legal options, especially when you are focused on your medical care. Putting your case in the hands of an attorney on our team could remove the stress of a lawsuit or workers’ compensation claim and allow you to focus on your medical health first.
The Law Office of Cohen & Jaffe, LLP is prepared to fight for fair compensation following your construction accident. To learn more about how we could help, call (516) 358-6900 for a free consultation.