Construction Accident Lawyer – Rockville Centre
If you have been injured, or become ill, while working on the job, your only recourse for monetary compensation will almost certainly be through the workers’ compensation system. In general, you cannot file a lawsuit against your employer unless a legal exception applies. For example, if you are a construction worker who is a fully recognized employee of a large company, you will likely be entitled to workers’ compensation benefits. However, if you work in the construction industry as an independent contractor, you may need to seek compensation through a personal injury claim. An experienced Rockville Centre construction accident lawyer can help you to explore your legal options, no matter what your position is within the industry. The legal team at Polsky, Shouldice & Rosen, P.C. has extensive experience helping injured workers obtain compensation through various legal means and would be happy to support you at this time.
Benefits Are Available Regardless of Who is to Blame
The workers’ compensation system in the U.S. has been set up to be a no-fault system. This means that whether you were at fault, your employer was at fault, an employee is to blame, or it was a mere accident, you can receive the benefits if you are entitled to them. All that matters is that you are eligible for coverage, you were on the job and suffered an injury or illness while working. This system has been established to protect all parties. Employees can get access to medical care and a portion of their salary while the employer can save time and money from being sued. With that said, there are times when it makes sense to explore a legal alternative. An experienced Rockville Centre construction accident lawyer can assist you, in either event.
The amount of money you receive for your injury is limited. Unlike a lawsuit that allows you to receive money for pain, suffering, or punitive damages, you will only receive money for your medical treatment and part of your salary. Disability benefits may also be available, as may be death benefits in the event you lose your life. Depending on the state, workers’ compensation benefits can be substantial. A Rockville Centre construction accident lawyer can explain what amount may be available in your situation.
Workers’ Compensation Does Not Cover All Employees
Only certain employees can apply for workers’ compensation benefits. If you are an independent contractor, volunteer or independent business owner, these benefits will likely not be available. Federal employees, maritime, and railroad workers’ can receive workers’ compensation, but through a separate system. Anyone concerned that they may not qualify for benefits should consider asking a Rockville Centre construction accident lawyer for assistance, as there are exceptions to most general workers’ compensation rules.
When You Can File a Lawsuit
If you are eligible for workers’ compensation, a lawsuit might only be filed when special factors apply. For example, your employee purposely tried to hurt you. This can be difficult to prove and you should have a lawyer. Bare in mind that even if your employer did something that was grossly negligence; for example, they require you to use a company car that was known to have bald tires, and you were injured in an accident after a tire blowout, you may not be able to file a lawsuit against the employer. A Rockville Centre construction accident lawyer can help to explain when a lawsuit may be warranted.