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Hauppauge NY Construction Accident Lawyer Hauppauge NY Construction Accident Lawyer

If you choose to hire a Hauppauge NY Construction Accident Lawyer from Polsky, Shouldice & Rosen, P.C., then this means you will have a legal professional to protect you and advocate for you after a serious construction accident injury. We know how to handle cases where an employee was injured on a construction site, and are familiar with state and federal regulations when it comes to seeking workers compensation benefits. We can oversee your claim and offer advice on how to recover the maximum compensation possible based on your injuries and losses. 

Who Is Eligible for Workers’ Compensation Benefits?

Generally speaking, anyone who is classified as a fulltime or parttime employee is eligible to receive workers’ compensation benefits after sustaining injuries while working on a construction project. With that said, there are some exceptions to this general rule. First, workers who are drunk, high, or may otherwise be considered “intoxicated” on the job when they suffer injury are ineligible for benefits. Additionally, those who are injured after starting a fight in the workplace and those who try to become injured in an effort to commit workers’ compensation fraud are similarly ineligible for benefits. Anyone seeking workers’ compensation benefits must have been engaged in work-related activities at the time they were injured in order to qualify for benefits.

Although the vast majority of independent contractors are ineligible for workers’ compensation benefits, those who have been misclassified (intentionally or unintentionally) and should be properly classified as employees are eligible for coverage. Note that in the state of New York, undocumented workers and documented workers are entitled to the same level of coverage and protection under the law. If you are unsure of whether you’re entitled to workers’ comp benefits following a construction accident, please connect with an experienced Hauppauge, NY construction accident lawyer at our firm for clarification.

Are There Legal Options for Those Not Covered by Workers’ Comp?

Those who are ineligible for workers’ compensation benefits – including properly classified independent contractors and those who work for very small companies – may be in a position to successfully file a personal injury claim following a construction accident. Those who are eligible for workers’ comp benefits may file a personal injury suit following an accident if they are not attempting to sue their employer directly. Employers of workers who are entitled to workers’ comp benefits are legally protected from liability via the personal injury claims process if their eligible workers are hurt while on the job.

What if a Worker Contributes to the Cause of a Workplace Accident?

Workers’ compensation is a no-fault system. As a result, even workers (with very few exceptions) who cause or contribute to the cause(s) of their injuries are entitled to benefits, provided that they meet the remainder of the eligibility criteria. In re: personal injury claims, New York is a “pure comparative fault” state, which means that accident victims can hold others legally responsible for their negligent, reckless, or intentionally dangerous conduct that contributed to their injuries, even if they themselves were also partially to blame for their injurious circumstances.

Why Working with a Hauppauge, NY Construction Accident Lawyer Is Important

While it is possible to file very straightforward claims for minor injuries one one’s own, it is important to connect with an experienced attorney if the injuries you sustained while on the job were severe, will require ongoing care, and/or will not be covered by workers’ compensation benefits. Complex cases almost always require legal assistance in order to ensure that the injury victim is paid a fairly valued sum, understands all of the legal options available to them, and is generally protected in both the legal system and the workplace moving forward.

Construction Accidents Are Complicated

Some people may be able to handle their workers’ comp claim without intervention from a lawyer. However, when it comes to construction accidents things can become much more complicated very quickly. Construction workers face more dangers during their workday than most people, but this does not mean that they don’t deserve to be covered just in case an accident does happen.

There are a number of ways that issues can arise regarding a construction accident claim. For instance, you may come to find that your employer is less than enthusiastic about you pursuing workers’ compensation benefits. Your boss may even go as far as trying to dissuade you from filing a claim so it can save the company money. We understand that it can feel awkward between you and your coworkers during this time, and that you may experience a hostile work environment.

Sometimes the culture within the construction field is to just deal with an injury and not report it, but we strongly advise prioritizing your finances and your health instead of appeasing those you work with. If you need help navigating the situation, please know that a Construction Accident Lawyer in Hauppauge, NY from Polsky, Shouldice & Rosen, P.C. is ready to assist you.

Our Process For Your Workers’ Comp Claim

We have established a reputation in this community and beyond for being a dependable team of lawyers who will go the extra mile for you. We are not afraid to go up against big construction corporations or other entities who may seem intimidating to the everyday person. If you choose to hire us to represent your construction accident claim, then we can begin the process of supporting you in the following ways: 

  • Gathering records for your claim, such as medical documents, insurance policy information, bills, and loss of wages
  • Investigating the accident in further detail to gather essential pieces of evidence to support your case
  • Negotiating in your defense inside and outside of the courtroom, to help you get the most compensation possible
  • Preparing you for trial and representing you in the event that your case goes to trial in front of a judge

For assistance after a serious construction accident please call a Hauppauge, New York Construction Accident Lawyer at Polsky, Shouldice & Rosen, P.C. right away.