Hard hats, harnesses, and steel-toed boots only offer limited protection. Construction accidents tend to cause serious or permanent injuries. But who pays for a worker’s medical bills in these situations? What if you can’t go back to construction work? What if you can’t work at all?
If you were injured on a construction site on Long Island or in the surrounding area, our team of lawyers could help you seek compensation via a workers’ compensation claim or personal injury case. The Law Office of Cohen & Jaffe, LLP has served people since 2003. We are ready to pursue compensation for your losses and settle your case.
You Could Have These Options Following a Construction Accident
You should know that:
- You could be entitled to workers’ compensation benefits if you were hurt as a worker. Per the State of New York, most employees are eligible for workers’ compensation benefits. This would cover a portion of your medical bills and lost wages.
- As a worker, you may also have a third-party claim against the construction site’s owner or another entity, like a parts manufacturer. In this instance, you could recover compensation for your medical bills, lost wages, and pain and suffering through a claim or lawsuit.
- As a bystander or construction site visitor, you may also have the right to compensation for your injuries resulting from a construction accident on Long Island.
No matter the circumstances surrounding your construction accident, you should understand your legal rights. Let us put our experience to work for you.
We Can Help with Your Workers’ Compensation Claim
When you contract our legal services, here’s how we can help with your workers’ compensation claim:
We Can Explain Your Legal Options
Workers’ compensation is a type of insurance that takes care of workers when they’re hurt on the job. It covers medical care and benefits for workers who were injured while performing their duties. As noted, in New York, most employers are required to have this type of insurance. It’s an important source of protection and compensation for construction workers.
We can determine what benefits you qualify for, file your case’s paperwork, and address any complications that impede your case’s progression.
We Can Handle Your Workers’ Compensation Claim
There may be cases where employers dispute workers’ compensation claims. This may happen when an employer argues that an injury is not work-related or the injury arose from a worker’s intoxication. Employers may also fight a claim if the employer feels that the injury was less severe than reported.
We can address a denial or delay of benefits by:
- Appealing any denials
- Proving that you were not intoxicated at the time of the accident
- Establishing the legitimacy of your work-related injuries
- Managing your case’s paperwork
- Explaining your options and how state law applies to your case
- Managing communications with the involved insurer
We Can Appeal an Unfavorable Decision in Your Workers’ Compensation Case
When you face a denial of workers’ compensation benefits, you can file an appeal. From there, a judge will review the facts of your case, examine medical records, gather testimony, and make a decision on whether benefits will be paid.
If the judge decides against the payment of benefits, your lawyer can help you appeal the decision to the New York Workers’ Compensation Board. The board may accept the ruling, modify it, or overturn it if needed.
We Can Help with Your Personal Injury Case
Depending on your situation, you could be eligible to take legal action against the negligent party in your accident in addition to seeking workers’ compensation benefits. In New York, you usually can’t sue your employer unless they intentionally hurt you or displayed gross negligence. However, you still have options.
We can build your personal injury case by:
- Gathering evidence of your losses, accident, and injuries
- Calculating your injury-related losses
- Documenting the accident scene
- Proving negligence and fault
- Requesting information from your healthcare provider
- Reviewing the accident report
- Filing your insurance claim or lawsuit
- Handling all communications
We Can Determine Responsibility for Your Losses
We will need to determine the at fault and liable parties for your personal injury case to succeed. Here are some parties that you could hold liable for your expenses:
A Parts Manufacturer
If you suffered harm due to a faulty piece of machinery, you could file a product liability case against the maker of that device. To build your case, we will:
- Call on engineers who can attest to the product’s defect
- Prove that you had the skill set to use the product in the first place
- Demonstrate that the product hurt you and that you were using it as intended
Our firm can manage everything involved with your product liability claim.
The Premises’ Owner
If you were hurt due to a hazard on a construction site, you could have a case against the property’s owner. To secure damages, we must prove that because the property owner did not maintain a safe area for workers, you suffered harm due to an avoidable hazard.
Suppose that you were injured due to a co-worker’s negligence. In this instance, you could hold them personally accountable for your losses. Your lawyer can explain more about this option after evaluating your case.
We Can File Your Case Within the Appropriate Deadline
Whether you are filing a workers’ compensation case, personal injury case, or both, you must adhere to the statute of limitations. When contemplating legal action, bear in mind these deadlines:
- Per the State of New York, you generally have two years to file a workers’ compensation claim. However, to avoid any unnecessary delays, you should start the process as soon as possible.
- You generally have three years to file a personal injury lawsuit, per CVP § 214.
- You typically have two years to file a wrongful death lawsuit on behalf of a late loved one, per EPT § 5-4.1.
- You could have as little as 90 days to file a lawsuit against a government agency, per GMU § 50-E.
When we learn about your case, we will keep track of the applicable deadlines, so you don’t miss the right to seek damages.
What are Some Common Types of Construction Accidents on Long Island?
The Occupational Safety and Health Administration (OSHA) notes that the construction sector is one of the deadliest sectors. Common types of construction accidents include:
- Scaffolding and ladder accidents. It takes a lot of time and skill to put up scaffolding properly. If it’s done incorrectly, or if it doesn’t meet safety codes, it can cost lives.
- Falls from roofs and heights. When workers are up on roofs or working in other high places, safety is of the utmost importance. Lack of training, inadequate safety procedures, and poor equipment can all lead to serious, life-threatening falls.
- Vehicle and forklift accidents. Working with heavy equipment requires the right certifications and an alert operator. If a company does not properly train or monitor equipment operators, it can lead to disaster.
- Faulty equipment and tools. Workers rely on their tools every day. If their tools don’t meet safety standards, are faulty, or are ill-maintained, it’s easy for workers to be seriously injured.
- Falling objects and debris. Construction can be a messy job, but that’s no excuse for poor safety procedures. When companies or individuals are careless on the job, heavy objects can fall on those nearby, resulting in catastrophic injuries.
You Could Seek Damages if You Suffered These Injuries
If you don’t think your injuries merit compensation, think again. In the past, we’ve helped people recover compensation for these (and other) impairments:
- Head trauma and traumatic brain injuries
- Loss of limbs
- Back injuries, permanent spinal cord damage, and paralysis
- Broken bones, joint injuries, and serious sprains and strains
- Permanent impairment
If you or a loved one was injured on the job, get the care you need immediately, then consider how our law firm could help you.
We’ve Secured Favorable Outcomes for Our Previous Clients
In one case that we managed, we won $300,000 for a bicyclist who was injured by a construction plate in the middle of the road. Even though our client did not work on the construction site, they were still injured by negligence and able to seek compensation.
Aside from our construction accident cases, we’ve secured the following outcomes:
- $3.5 million for our client injured in a rear-end collision
- $2 million for the parents of a child who suffered lead poisoning
- $1.5 million for our claimant injured in an elevator accident
We have recovered hundreds of millions of dollars for injured people and their clients. You can check out our case results online to learn more about our successes.
Our Long Island Construction Accident Attorneys are Here to Help
At the Law Office of Cohen & Jaffe, LLP, we’ve successfully handled countless construction accident cases throughout Long Island. We know how devastating construction accidents can be, and we’re proud to help victims fight for the resources they need to recover. We handle all types of injury claims and stand ready to help you now.
If you’ve been injured in a construction accident, dial (516) 358-6900.
For a free legal consultation with a construction accidents lawyer serving Long Island, call 516-358-6900