Have you recently been involved in an accident at a construction site? It can be difficult to know if you should file a workers’ compensation claim or a lawsuit to seek justice after someone else’s negligence harmed you. Our legal team can help you recover the compensation you deserve.
With our Long Island construction accident attorneys by your side, you will have the satisfaction of knowing that the Morelli Law Firm is handling your case with care. We will work on your case from start to finish to ensure you receive the compensation you deserve for your losses.
Damages You Can Recover From a Construction Accident
Construction accidents, just like other accidents, can cause severe challenges in your life, ranging from physical to psychological problems. There can be extensive medical bills and permanent injuries that change your life forever.
However, when you are involved in an accident, it pays to seek a Long Island construction accident attorney who will help you get compensation for your losses. Your claim could allow you to recover various types of damages, such as:
- Pain and suffering
- Property damage
- Medical expenses
- Counseling costs
- Loss of wages
- Physical therapy
- Ongoing living expenses
- Wrongful death
After your accident, filing a workers’ compensation claim can also allow you to be reimbursed for travel expenses to and from health care appointments.
What to Do After a Long Island Construction Accident
When you are involved in a construction accident, the first thing to do is to get prompt medical attention. Even if you don’t immediately display any signs of injury, you should have a medical evaluation as soon as possible. This will strengthen your claim that the construction accident caused your injuries.
Then, report the accident to your employer. If it is possible, submit this in writing. You can also take photographs of the injury scene and collect contact information from any witnesses. Your personal injury lawyer can follow up with witness statements later.
Next, determine how you will pursue compensation to pay for your losses caused by the accident. If you qualify, you can file a workers’ compensation claim. If your employer does not provide workers’ compensation insurance, you may be able to file a personal injury lawsuit. Your attorney can advise you on which path to take.
Long Island Construction Accident Lawyer Near Me 877-751-9800
Seeking Compensation for a Long Island Construction Accident
There are multiple options for you to seek compensation after your accident. Your options may be limited depending on who is liable for your injuries. A construction accident lawyer in Long Island can help you move your case forward.
A Workers’ Compensation Claim
You need to know your rights to file a worker’s compensation claim for your accident. The New York Workers’ Compensation Board handles construction accident injury workers’ compensation claims.
In most cases, injured workers pursue compensation through a worker’s compensation claim. Our legal team can help you establish your eligibility to file a workers’ compensation claim.
A Personal Injury Lawsuit Against Your Employer
Sometimes, your employer’s negligent supervision and inadequate safety measures can lead to a construction accident. However, it may be hard to bring forth a lawsuit against your employer. Workers’ compensation insurance is available to both provide benefits to injured workers and protect employers from litigation.
In order to sue your employer, you will need to prove that your case involved:
- Gross negligence on the part of your employer
- Malicious intent
- Wrongful termination
- Failure to be promoted
A Personal Injury Lawsuit Against a Third Party
Another option is filing a third-party injury lawsuit, which is done against other potentially negligent parties, such as the firm that hires your employer under a contract agreement. You may also file a lawsuit against a defective product that relates to your injury, especially if the equipment does not have reliable safety features.
The last type of claim is that which involves many responsible parties. However, if you are confused about the right path to take after your accident, a lawyer can provide you guidance.
How a Construction Accident Attorney Can Help You
Long Island construction accident lawyers understand the local workers’ compensation laws and other third-party negligence regulations that will guide you in seeking your claim. After an accident, a construction accident attorney can advise you on what to do and how to initiate a claim.
Your lawyer can investigate your accident, collect evidence, and calculate your total losses. We can ensure your injury claim is completed properly and filed before strict deadlines pass. We can also help you appeal the decision if your claim has been denied.
How Much Will It Cost to Hire a Long Island Construction Accident Lawyer?
You might put off hiring a lawyer because you worry about paying legal fees. We don’t want our clients to worry about our fees on top of the financial burden caused by medical bills and the inability to work.
Our construction accident lawyers in Long Island, New York, work on a contingency fee basis. This allows you to team up with our law firm with no out-of-pocket expenses. Our service fee is paid by a percentage of your settlement or court award. We only get paid when you do.
Death Caused by a Long Island Construction Accident
Construction accidents do not only cause severe injuries, but they can also cause death. In 2018, the Occupational Safety and Health Administration (OSHA) calculated that one in five worker deaths in the private field was on construction sites.
If you lost a loved one due to injuries from a construction accident, our law firm can help you through this difficult time. Your lawyer can explain what qualifies as a wrongful death and how to proceed with your case.
Limited Time to File a Construction Accident Claim in New York
How long you have to file your claim may depend on your route to seek damages. If your case qualifies for a workers’ compensation claim, you must initiate your claim within two years of the accident. If you are pursuing a personal injury lawsuit in New York, you must file within three years. Waiting too long could mean missing out on your chance to recover your financial losses.
How Long Will My Construction Accident Case Take?
We can’t pin an exact timeline, but we can tell you some general guidelines. If your case is straightforward and the insurance company gives a fair compensation amount after we speak with them, that’s the quickest result.
The choice to take a settlement or not is up to you. If you feel a settlement offer is too low, we will take more time to fight for more. If there are multiple parties or a complicated case, that will also extend the time to finish your case.
If your case must go to trial, this can take months or years to resolve. However, prevailing at trial may be the only way to get the amount of compensation you need after your construction accident. Your construction accident attorney in Long Island can help you understand your options.
New York’s Scaffold Law
New York State Labor Law has a special law for construction workers injured in elevation-related injuries. It’s known as the Scaffold Law. Under this law (N.Y. Lab. Law § 240), liability may be assigned to your employer automatically if you are injured by falling equipment or falling off a high scaffold.
Under the current interpretation of the law, a defendant may escape this liability if four elements are present:
- Adequate safety equipment was available to the worker
- The worker knew about the equipment and knew they were expected to use it
- The worker chose not to use the equipment without a good reason
- The worker would not have been injured had they used the equipment
If this law covers your construction accident, it will be simple to prove liability in the case and our lawyers can move straight toward determining compensation in your case.
The Morelli Law Firm Difference
When you work with a Long Island construction accident lawyer from the Morelli Law Firm, we protect you from being taken advantage of. We will help you get the compensation you need.
We are the leading firm for civil litigation and continue to deliver record-setting verdicts for our clients. Call us today or fill out our online form for a free consultation.