No one denies the usefulness of scaffolds, hoists, lifts, and similar devices to raise workers and materials to finish a job. However, there is also undeniable danger when these aren’t used or installed correctly. If you get injured using a scaffold or if something falls off one and hits you, the law may allow you to get compensation.
Find out your options after a scaffold accident by calling Morelli Law. We have scaffolding injury lawyers in White Plains who have helped many workers get cash compensation after a scaffold accident at work. Here’s what you need to know about these accidents and how Morelli Law can help you.
Two Roads to Compensation
New York law has two roads to compensate for scaffold accidents. The first is through workers’ compensation. If you got injured while on the job, this is the fastest and easiest way to get compensation, but you cannot get everything you could be eligible to receive.
Fortunately, New York has a way for workers to get compensation beyond workers’ compensation for a job injury. Labor Law 240 makes owners and contractors liable for scaffold injuries and other gravity-related accidents in nearly all cases. With the help of a scaffold accident lawyer in White Plains, NY, you could sue while also collecting workers’ compensation.
If you were not on the job, you can still get compensation by filing a lawsuit with the help of a lawyer. They may use Labor Law 240 to make it easier for you to win your case since the requirements to prove liability are much lower using that method.
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The Limits of Workers’ Compensation
Workers’ compensation pays workers who are injured on the job. Victims can get money for all medical bills related to their workplace injury, plus a portion of lost wages. If they cannot work the same job afterward, they can also get money for vocational training. Survivors can also claim benefits if a worker dies on the job.
Also, the worker does not need to prove any fault. They just have to show proof of injury while on the job. However, in exchange for this, workers may not sue their employers for money beyond these damages.
This means that you cannot get the rest of your lost wages or many non-economic damages like pain and suffering. Thanks to New York’s labor laws, though, you can sue a third party to get these damages. That’s where hiring a White Plains scaffold accident attorney can really help you.
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Do I Need a Lawyer if Workers’ Compensation is Enough?
You do not need to have a lawyer to file a workers’ compensation claim, but you must follow all the rules to get it. Your employer has to be notified of your injury within 30 days of the accident, and you have two years to file your claim with their insurer.
However, your claim may be much less than you could get if you had the help of a lawyer. By working with a scaffold accident attorney, your claim request could bring you more money and have a higher chance of acceptance.
If your claim is denied or you get less than you need, then you definitely need a lawyer to help you plan your appeal. Call Morelli Law well before your hearing date, and we’ll explain how we can help you get your claim accepted and help you get more compensation through an injury lawsuit.
When Must I File My Lawsuit?
If you are suing a third party, you must do it within three years of the accident to meet the statute of limitations. Starting as soon as you can will give your lawyer enough time to gather evidence and negotiate a settlement before they’re forced to sue to meet that deadline.
There’s another reason to work with a scaffold accident attorney in White Plains, NY, as soon as you can after your injury – you’ll get your money faster. The sooner you work with us, the sooner we can guide your case to a satisfactory settlement or trial.
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What are the Chances of Going to Trial?
Nearly all personal injury cases settle before the day of the trial. Insurance companies take a colossal risk when they have their cases heard in court. They may have to pay much more than they want to. Only about 5% of cases make it this far.
Another 10% start the trial process but settle before the court date. During pre-trial proceedings, both sides will share evidence in a process called discovery. If the evidence is too strong for one side, the weaker side may wish to settle since it is clear the court would go against them.
The rest get settled before this point. To settle means to come to an agreement on how much you should get paid for your accident. Your lawyer will calculate how much you’re truly owed and negotiate with the insurers to get you what you truly deserve. If they won’t listen, then we can push for a trial.
How Do I Pay for My Lawyer?
Our White Plains scaffold injury lawyers only get paid if we help you get compensation for your accident. If you lose your case, you will owe us nothing for our services. So what happens when you win?
The insurer will send us your compensation so we can confirm that they sent the correct amount. After that, we take a percentage of it and pass the rest to you. The percentage depends on the difficulty of your case, and we will discuss the details with you during your consultation.
Work With Morelli Law for Experienced Scaffold Injury Representation
Scaffold accidents are rarely minor. Most injuries put people out of work for at least a week. Paying for your bills and losing wages will damage your financial health, but you can get compensated for these and other damages by working with Morelli Law.
Speak with our experienced scaffold injury lawyers in White Plains, NY, by calling the number on your screen. You can also email us by filling out the form on our contact page. All consultations with us are free and without obligation, and you will owe us nothing for our services unless you win compensation. Get a free case evaluation now by contacting us.