Should I Seek Legal Help After a Construction Accident?

Construction accidents can carry significant risks to the health and well-being of a victim. The equipment is dangerous, the falls are often from high places, and the risk of exposure to electricity or toxins is very high. All of this puts you at risk for not just medical bills but ongoing losses and, in some cases, a lifetime of trauma.

That is why seeking professional legal help after a construction accident is so critical. The right New York City construction accident attorney can determine your rights to workers’ compensation benefits and potentially additional compensation from negligent third parties.

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Workers’ Compensation Will Not Cover Everything

Many believe workers’ compensation will cover all their losses. They are surprised to learn that these benefits only include medical treatment and a percentage of lost income while they are out of work recovering. Many people also mistakenly believe that workers’ compensation is always the only source of funds available to them following a work injury.

These mistaken beliefs can lead to stress and confusion throughout the process. Every injured worker should consult a construction accident lawyer who can assess the situation and advise on their rights and options. This way, you know you are seeking maximum compensation from every available source.

You might have options following a construction accident. In some situations, your workers’ compensation claim may not meet your family’s financial obligations, especially if you are out of work for a long time. Your attorney can determine if anyone else is to blame so that you can seek legal action and hold negligent parties accountable for the remainder of your losses.

A Workers’ Compensation Attorney Makes Sure You Get Proper Compensation

Another reason to hire a workers’ compensation claim attorney is to ensure insurance companies are never short-changing you. They might try to avoid covering certain losses or offer a lump-sum settlement that is much lower than you need for future costs.

Your attorney will document your losses, provide proof to the insurance company, and then answer any questions the adjusters have. If the insurer tries to offer inadequate benefits or compensation in a third-party claim, your lawyer will negotiate for a fair offer.

Many workers are not sure what their losses are or what forms of compensation they may be owed. It is common for people to settle their claim with the workers’ compensation insurance company for far less than they should receive for long-term injuries. You cannot go back and ask for more later, so never accept anything without consulting a construction accident attorney first.

A lawyer will analyze your case, apply all relevant workers’ comp and personal injury laws, evaluate your injuries and other losses, and then pursue fair compensation. Because of your attorney’s knowledge, they can seek damages you have not considered claiming.

Workers’ compensation claims can cover any of the following injuries suffered on the job in a construction accident, among many others:

• Burns
• Traumatic brain injury
• Broken bones
• Electrocution
• Amputation
• Spinal cord injury

Taking Legal Action Can Make a Difference to Others

If you are hurt at a construction site, you first want an attorney by your side to fight for your fair compensation. However, when you file a claim, that often triggers safety investigations and improvements.

A complete inspection of the area is likely to be conducted. The training and safety procedures that are used will be looked at carefully. More so, there will be steps taken to preserve any evidence related to your injury and accident. As a result, you both have a better chance of recovering your fair compensation, and you may see safety changes at work. Third parties that engage in dangerous negligence on construction sites might no longer be hired for jobs.

Work with your attorney to ensure they fully understand not just what occurred in this accident but what third-party risks are present on your construction site. This can improve your future financial situation and the safety of everyone on the construction job.

Attorneys Also Connect You with Experts

Under workers’ compensation law, you cannot sue your employer for the injuries you suffer. You can only claim the medical losses directly related to the incident and a partial payment for the work you missed due to the injury. As a result, you need to maximize that compensation to ensure you receive all you deserve.

One way to do this is with the help of medical experts. These professionals can testify about the current state of your health and the impact on your ability to work and recover from the accident. If your injuries are likely to cause chronic pain or a limitation on your mobility, having a medical expert testify to that loss can be helpful. Workers’ compensation should pay for your injuries and the medical care you need, but you still must demonstrate what those losses are.

Your attorney can connect you with the medical experts who can help build this component of your case. They negotiate the highest worker’s compensation benefits possible based on what you are eligible for under the law. With that type of insight and support, it may be easier to fully recover your losses.

Efficiency Matters in Workers’ Compensation Claims

While workers’ compensation was designed to work simply and straightforwardly, it is rarely that efficient. Consider what might happen if you are out of work for a month due to injuries on the job. You are at home healing, getting the care you need, and following your doctor’s orders. The workers’ compensation adjuster may not believe you must be off work for this long. Delays in the process begin, and you may not receive the compensation you need right now to meet your financial obligations.

Time matters, and with the help of a workers’ compensation attorney, you minimize the risk of this type of case continuing for months, putting you at risk of not paying your bills. With the help of your attorney, it becomes possible to process your claim faster and get the money you need efficiently. Most of the time, victims want to move on, and efficiency matters.

Your attorney will also communicate with the workers’ compensation lawyers and adjusters. This step can be helpful because it minimizes the risk of dealing with the insurance company yourself.

Work With an Attorney to Hold a Third Party Liable

In workers’ compensation claims, you have the legal right to pursue compensation for the time you miss at work (up to the allowable limit), and you can recover for all medical treatment expenses. However, you cannot pursue pain and suffering claims or other non-economic damages under workers’ compensation laws.

A third-party personal injury lawsuit can be beneficial in many situations. In this legal process, you sue someone else unaffiliated with your employer for your injuries. It can occur in several ways.

A Contractor Caused the Accident

One of the strategies that may be helpful is by demonstrating that a contractor on the site was negligent and caused your injuries. If you can demonstrate a contractor was engaging in unsafe conduct that caused your injury, they can be held liable for additional non-economic damages like pain and suffering.

The key to this process is proving that the at-fault party owed you a duty of care, breached that duty, and the breach led to your injuries. This is a complex legal process that requires evidence and an accurate application of the law. You need the right construction accident attorney to handle your case.

A Vehicle or Equipment Manufacturer

In some situations, the injuries you suffered may be due to the actions of a third party not on the construction site. For example, if you suffered an injury because the brakes on a vehicle failed, you can seek legal action against the vehicle manufacturer if you can show the malfunction occurred.

If a manufacturer of complicated construction equipment did not provide a quality product, and you suffered injuries directly, they may owe you compensation. For example, when a piece of heavy machinery malfunctions and a worker’s arm gets caught and amputated, the equipment manufacturer should be liable for the worker’s lifetime of losses.

Inspectors are also responsible in some situations. If a vehicle inspector noted a problem but did not take action – or they should have noticed a problem and failed to take action – they can be responsible for that lack of action that caused your injury.

Safety Equipment Manufacturers

Proper safety equipment is also necessary for construction workers, and negligent manufacturers may also be responsible for the injuries they cause to others. If a worker relies on fall protection equipment that fails, causing them to fall to the ground, the manufacturer might be liable for selling gear that did not properly perform.

Your construction accident attorney can investigate why safety equipment failed and what the company should be responsible for. Filing claims against large manufacturing corporations can often provide greater compensation, as they have more extensive insurance coverage.

Construction Site Architects and Engineers

Though it is a bit more complex to demonstrate in some situations, there are times when a construction site engineer or architect makes a mistake that causes a severe injury to take place. For example, you suffer injuries due to a floor collapsing because it was improperly designed and structured for the load it was carrying. Errors in the design and build process can lead to costly losses for victims, and many times, those can be life-threatening.

Consider, for example, if the architect on a project failed to consider erosion and the foundation gave way while you were working. In this situation, you can be crushed or suffer severe injuries because of these significant mistakes. Since architects and engineers have numerous strategies to limit these risks, including various checks and balances, these accidents should be avoided. Your attorney can identify when these parties should be liable for your accident and injuries.

When Should You Seek Legal Support in a Construction Accident?

Knowing when to seek legal support after a workplace injury should be straightforward. If you have injuries and want to ensure you receive maximum compensation, it always benefits you to consult an attorney. Consultations with construction accident attorneys inform you of your rights and whether you have a claim for compensation.

Most workers’ compensation attorneys handling construction injury claims will provide you with a free consultation. That means you can meet with the attorney, tell your story of your accident and injuries, and then expect the attorney to clarify what types of claims you have and what compensation you might expect.

You have no reason not to seek professional legal help. There are laws to minimize any type of discrimination or retaliation against you for filing a claim. If your employer is angry you hired a lawyer to pursue compensation, you have protections against mistreatment. Hiring a construction accident attorney is your choice and your right. Your employer should not have a say in the matter.

What to Do Now If You Suffered an Injury

Construction site accidents can lead to significant and even long-term losses. If you suffered an injury on the job site as an employee, seek a New York City personal injury attorney who knows how to handle the workers’ compensation process and third-party claims. It allows you to gain the insight and support you need to move your case forward.

If you do not seek legal help, recovering your fair compensation may be challenging. If you are unsure what to do, request a free consultation with an attorney to explore your rights and opportunities.