When accidents happen on a construction site, a hard hat can only do so much. Workers who put themselves at risk to build new structures and improve their communities have recourse if something goes wrong.
If you or a loved one was injured in a construction accident, a New Hyde Park construction accident attorney at the Law Office of Cohen & Jaffe, LLP can help. Today, you can start a no-cost consultation where you can explore your legal rights.
You Have a Limited Time To Take Legal Action
You have a filing deadline regardless of whether you’re filing a workers’ compensation claim or a personal injury lawsuit. Consider the following:
- The New York State Department of Workers’ Compensation notes that you generally have 30 days to notify your employer about the injury.
- You generally have three years to file an injury lawsuit, per CVP § 214.
Our lawyers can manage these and other deadlines that apply to your case.
Recovering Damages After Your Hyde Park Construction Accident
The unfortunate nature of personal injury cases is that accidents often cause a snowball effect. Your accident may have left you with severe injuries. Your injuries leave you out of work with medical bills. Being out of work makes it hard to pay those bills – and the whole situation leaves you stressed out and worried.
Thankfully, personal injury victims, like construction workers, can recover compensation for their injuries and losses, such as:
- Past and future healthcare expenses
- Lost income
- Loss of future earning capacity
- Pain and suffering and inconvenience
- Mental trauma
How much you can recover depends on many aspects of your situation, including the severity of your condition, your mobility, and whether you can continue working.
You Have Workers’ Compensation Options After Your NY Construction Accident
As affirmed by the New York State of Workers’ Compensation, many employees (including construction workers) have workers’ compensation coverage. However, even a successful claim will not cover all of your losses.
Workers’ compensation generally covers:
Medical Care Benefits
Workers’ compensation in New York covers a variety of medical care expenses. There is no limit to the amount of medical expenses it can cover. Potentially, workers’ compensation will cover 100 percent of your medical care costs, but that’s only if the care is deemed medically necessary.
Healthcare coverage under workers’ compensation generally covers:
- Emergency room visits
- Doctors’ visits
- Prescription drugs
- Dental care (if you broke or lost any teeth)
- Assistive devices and equipment
- Physical therapy or other rehabilitative care
Yet, the insurance company may argue that a crucial part of your medical care is not necessary, and you should pay the bill yourself. This is one reason to partner with a construction accident attorney from our firm. They can argue for the full cost of what you need, so you don’t pay anything out of pocket.
If you are out of work for seven days or longer, you will start receiving lost wage benefits. Lost wage benefits only cover up to two-thirds of your weekly wages. The maximum anyone can receive for weekly benefits in 2022 is $1063.05, per the New York State Workers’ Compensation Board.
You may also receive disability benefits under workers’ compensation if you have a permanent disability due to your construction accident in New Hyde Park. The amount of money you receive will be based on the body part that has become impaired and the percentage of your lost earning capacity.
The New York State Workers’ Compensation Board provides details on how those amounts are calculated.
If you lost a loved one, you could receive survivor benefits. This will cover funeral expenses up to $12,500 in Nassau County (among other counties) and provide weekly payments to surviving spouses and children.
All other New York counties have a limit of $10,500. In the event there is no surviving spouse or dependents, the decedent’s parents or estate may get paid a $50,000 death benefit.
Can Construction Workers File a Personal Injury Lawsuit for Their Losses?
Construction workers who are entitled to receive workers’ compensation in New Hyde Park are generally not able to sue their employers. Workers’ compensation is a type of no-fault insurance, which means it protects both the employer and employees from liability regardless of who may be at fault. If a dispute about benefits arises, the insurance company may defend your employer in litigation and other legal proceedings.
That being said, there are a limited number of scenarios in which you may file a personal injury lawsuit for your construction accident:
- Your employer violates the law.
- Your employer intentionally causes you harm.
- Your employer doesn’t have workers’ compensation insurance.
- Another person caused your accident.
The subject of your lawsuit could be a property owner, construction company, government organization, or another individual. In some cases, you can pursue compensation from multiple parties.
Our Firm Will Fight for Fair Compensation
The construction accident attorneys at our firm are prepared to help you collect the compensation you are entitled to for your injuries. We are equipped to deal with your case, whether you are filing a workers’ compensation claim, fighting for the benefits you deserve or bringing a lawsuit against the liable party.
We know how to get results. Our personal injury attorneys will take the stress of your case off your shoulders by:
- Handling necessary paperwork
- Filing your workers’ compensation claim
- Communicating with your employer, insurance companies, or other involved third parties
- Negotiating a settlement
- Filing a lawsuit for denial of benefits, if necessary
- Filing a personal injury lawsuit for damages (if applicable)
- Keeping you updated on your case’s progression
- Standing up for you in court
You can trust our team to render services that meet your unique situation.
Begin Your Free Case Review with the Law Office of Cohen & Jaffe, LLP
If you were injured on a construction site in Nassau County, New York, our team is ready to hear your story. A legal representative serving New Hyde Park is ready to take your call. Contact the Law Office of Cohen & Jaffe, LLP for a free consultation.
We want to protect your rights and collect the compensation you rightfully deserve.
For a free legal consultation with a construction accidents lawyer serving New Hyde Park, call 516-358-6900