When you are denied worker’s compensation benefits following your injury, you may feel that you no longer have any options. However, with the right legal representation, you can still get workers’ compensation and recover your qualifying losses. You may also have a third-party claim for financial recovery in some cases.
The Morelli Law Firm may be able to advocate on your behalf and work to get you a fair settlement or other compensation in your case. We will review your case for free. Contact us to learn more about your legal options.
When Should I Contact a Construction Accident Law Firm About My Case?
Regardless of how your accident happened or who is at fault, you may need legal representation to secure a fair payout from the workers’ comp insurance company. Our law firm helps clients just like you who have been treated unfairly by their employer or the insurer.
Morelli Law Firm offers legal support and consultation for construction workers hurt on the job. We understand how difficult it can be to work with your employer or insurance company when they deny your claim.
We take on construction accident cases that occur in New York City, Westchester County, or other nearby areas. This includes:
- Falls from scaffolding, roof, or other high places
- Electric shock
- Falling objects, materials, or debris
- Getting caught in between two objects
- Accidents involving Forklifts
- Crane Accidents
- Overexertion or repetitive motion
- Machinery or equipment failure
- Commercial vehicle accidents
- Vapors, chemicals, or toxic substances
We may be able to appeal a denial and secure your workers’ compensation benefits, get a workers’ comp settlement, or build a case against a liable third party to pursue other compensation. This type of premises liability claim often applies in scaffolding falls and other falls from an elevated height, as well as in some other types of injury cases.
Our team will review your case for you for free today. Reach out to us to learn more about how we may be able to help you secure the money you need to pay for your care and make ends meet while you cannot work.
Why Was My Workers’ Compensation Claim Denied?
Although your workers’ compensation claim may seem clear-cut, it does not necessarily mean that you will receive the expected benefits for your medical expenses, lost pay, or other damages. Employers and workers’ compensation insurers are notorious for disputing and denying these claims.
Two common reasons injured workers do not receive the benefits they believe they deserve include:
1. Your Employer Disputed Your Claim
The company you work for may not agree with your assessment of what happened or what caused your injuries. Therefore, your employer may refuse to process the paperwork and submit your claim.
2. The Insurance Company Cited a Lack of Evidence
The insurance company may claim that there was either a mistake in your accident report or that there is no evidence to support your claim. The insurer may also claim the following:
- There were no witnesses present during the accident or witnesses disagreed with you
- You did not report your injury in a timely manner
- There is a discrepancy between the accident report and your medical reports
- You refused to provide a recorded statement or sign documents
Regardless of the reason for the denial, you do not have to accept the decision. A New Rochelle construction accident lawyer from our team may be able to take on your case and engage with the insurance company on your behalf. Contact our law firm to get started with your case.
When Should I Contact a Construction Accident Law Firm About My Case?
Morelli Law Firm is ready to go to work on your case whenever you call us, assuming there is time left to do so. Regardless of where you are in your case, feel free to contact us if you are going through any of the following situations:
- You are disabled and can no longer work
- You have a limited working capacity
- Your workers’ compensation benefits do not reflect the compensation expected
- Your claim was rejected by your employer or the insurance company
- Your injuries require extensive medical care
- You suffered injuries on someone else’s property that is not your employer
- There was a third party involved in your injuries
Our law firm may be able to help you fight for the compensation you need and should receive based on your workers’ compensation insurance. We want to talk to you about your injuries and legal rights today.
What compensation can I recover in a construction accident settlement?
The compensation included in a settlement depends on if that payout comes from a liable third party or your workers’ compensation insurer. You may be able to recover compensation from both.
Workers’ compensation should pay for the following:
Medical Expenses
Your medical expenses may include ambulatory services, ER visits, hospital stays, or surgical procedures. You may also need to follow up with doctor visits, pain medication, and medical devices.
Partial Lost Wages & Disability
Workers’ compensation offers partial compensation for your pay. You may receive up to a certain percentage of your income if you are disabled or dismembered. This is generally around two-third of your usual pay.
Employment Retraining and Other Vocational Expenses
Part of your medical expenses may include physical therapy or job rehabilitation. These are services that help you prepare to go back into your job. If you must go through retraining for your job or another position, you may be entitled to recover up to 100 percent of these expenses.
Death Benefits
If you lost a loved one due to a construction accident, your family may be eligible to receive compensation for funeral and burial expenses. There may be other benefits available as well.
A third-party lawsuit could provide you with additional compensation, including:
- More of your lost income
- Diminished earning capacity
- Property damages
- Pain and suffering
Our attorneys can look at the circumstances of your accident and all your damages to assess what your claims may be worth. We want to help you recover the benefits and compensation available based on the facts of your case.
We only have a limited time to appeal your workers’ comp denial. In addition, according to New York CPLR Section 214 (5), you have three years to file a personal injury lawsuit based on your construction accident.
Connect with us as soon as you can so we can ensure we meet all necessary deadlines.
Morelli Law Firm Can Help You with Your Construction Accident Case
If you are not receiving the workers’ compensation benefits you deserve after a construction accident in New York or New Rochelle, you do not have to try to fight this alone. Hiring a lawyer from Morelli Law Firm can be beneficial to your case. We may also be able to pursue personal injury damages from a liable third party.
Get a free case review from us when you call (212) 751-9800.
