Polsky, Shouldice & Rosen, P.C.
The dangers of construction jobs are well known, and if you’ve been a victim of an accident on the job, a New York construction accident lawyer can help you determine if you have a valid workers’ comp claim. Even though your occupation comes with its hazards, you have the right to a reasonably safe workplace, and seeking compensation for an injury you’ve suffered may be the best course of action for you. An experienced construction accident lawyer in New York can guide you through your legal options.
Workers’ Compensation Claims
Just as with other occupations, an injury obtained in the course of construction work may make you eligible for workers’ compensation. Your New York construction accident lawyer may explain to you the parameters of the workers’ compensation system. They include:
- A “no fault” system for paying out benefits, which means that you will only need to prove that you were injured and that the injury happened within the context of your employment. You are not obligated to prove another person or entity’s fault in your accident.
- A requirement that your employer carries insurance workers’ compensation. This insurance is how you ultimately receive benefits from your injury claim.
In addition, you should know that your claim will generally be limited to paying for the following damages:
- Medical bills
- Loss of income
- Any partial or permanent disabilities
This is considered the trade-off in pursuing a workers’ comp claim–that is, because you do not have to prove negligence, you thereby give up the right to pursue any other damages aside those listed. You will not be able to pursue damages for pain and suffering and you will not be able to sue your employer for your injury.
Other Accident-Related Lawsuits and Claims
You may choose to work with a New York construction accident lawyer to seek damages from another person or an entity aside from your employer. Whether you are in a position to do so depends on the circumstances of your injury, as well as your state’s laws.
This is where negligence can come into play because, on most construction sites, there are many other people and parties who might have been involved in the accident. Others’ negligent behavior in operating machinery or driving vehicles, for example, could have caused your accident. Suppliers or engineers who were offsite could also be considered liable under certain circumstances. Working with a New York construction accident lawyer who is experienced with these kinds of lawsuits can help you determine whether or not your case has a valid claim of negligence against another individual or even their employer.
If you pursue this kind of lawsuit, the following must be proven:
- That another person or entity had a duty to act in a reasonable and safe way toward you;
- That the person or entity in question did not do so and, as such, was negligent; and
- Your injuries resulted from that negligent behavior.
Contact an Attorney Today
Whatever legal course you choose to take, be sure you start by seeking an attorney whose experience with construction accident lawsuits is considerable. Polsky, Shouldice & Rosen, P.C., is a New York firm that has served injured workers since 1991, and we are committed to our clients. To work with a New York construction accident lawyer who will fight hard for you, contact us today at (516) 594-0909.