Understanding your legal rights is essential to protecting your well-being and ensuring you get the compensation you may deserve in the wake of a construction accident. From worker’s compensation to third-party claims, the legal process can be challenging to navigate without the right guidance. Here are some common questions that come up when dealing with construction accident claims. Knowing the basics can help you take the right steps forward. For more specific advice, speaking with our Queens, NY construction accident lawyers is often a good way to begin, we have been representing inured workers since 1991.
What Should I Do Immediately After A Construction Accident?
First and foremost, your health and safety are the priority. If you’re injured on a construction site, seeking medical attention right away is crucial. Even if the injury seems minor, getting a doctor’s evaluation can be critical for both your well-being and any legal claims you might file later. After addressing your health, it’s important to report the accident to your employer as soon as possible. This notification is necessary to start the process of documenting the accident and to initiate any potential worker’s compensation claims.
Who Is Liable For My Injuries After A Construction Accident?
Liability can depend on the specifics of your situation. In many cases, worker’s compensation will be the primary method of recovering compensation for your injuries. However, if a third party—such as a contractor, equipment manufacturer, or another worker—was responsible for the unsafe conditions or negligence, you may also have grounds for a third-party lawsuit. This allows you to seek additional compensation for medical expenses, lost wages, and pain and suffering. Understanding liability often requires a thorough review of the accident’s details.
Can I Sue My Employer If I’m Already Receiving Worker’s Compensation?
Generally, worker’s compensation is designed to protect both employees and employers. When you receive worker’s compensation benefits, you are usually not able to sue your employer for additional compensation. However, this does not limit your ability to pursue claims against third parties who may have contributed to the accident. If defective equipment, unsafe site conditions created by others, or the negligence of another contractor played a role, you may be able to seek further compensation from those parties.
What Kind Of Compensation Can I Receive After A Construction Accident?
Typically, compensation for construction accidents will fall into a few categories. Worker’s compensation generally covers medical expenses and a portion of lost wages, but it does not cover non-economic damages like pain and suffering. If you pursue a third-party claim, you may be able to seek additional damages for pain, suffering, and other long-term consequences. The specifics of your compensation depend on the nature of your injuries and the circumstances of the accident.
How Long Do I Have To File A Claim After A Construction Accident?
The timeframe for filing a claim after a construction accident varies depending on the type of claim you are pursuing. For worker’s compensation claims, you usually need to report the accident to your employer as soon as possible and file the necessary paperwork within a certain period—often within two years, but this can vary. If you are pursuing a third-party claim, the statute of limitations may also apply, usually giving you a few years to file a lawsuit. It’s important to act promptly and consult with legal professionals to ensure your rights are protected.
Victims of construction accidents will be left to contend with more hardships that can extend beyond physical injuries. It’s important to understand your legal rights and the potential avenues for compensation. At Polsky, Shouldice & Rosen, P.C., we are ready to help you with any concerns you may have regarding your construction accident case. Contact us today to schedule a free consultation and discuss your legal options.
