Speak with NYS Construction Accident Law Firm
Speak with NYS Construction Accident Law Firm
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A New York Construction Accident Lawyer can help you if you slip off the scaffolding on work site.
If you're hurt in the course of work, you should see your doctor immediately. If you're injured seriously you'll be transported to the emergency room. Even if your injury doesn't seem serious, it is strongly suggested that you visit an expert. The most minor of injuries could become serious enough to ruin your career if left untreated. The majority of construction sites have a doctor they can refer the patient to. Sometimes, they're also on-site. They usually don't have the tools for an accurate diagnosis. They'll get a statement from you while you're still in pain and before you are aware of the severity of your injury. That statement is for insurers to use against you.
In the same way, certain insurance companies will allow an assistant to your doctor appointments and "coordinate care." That nurse's aim is to reduce the amount of costly treatments you're able to get since the insurance company is required to cover the cost of these treatments. Visit a doctor whom you count on. If the injury is serious then you must visit an emergency room immediately. Insurance companies can delay for a response up until you've got an attorney at your side.
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If safety rules are not adhered to the chance of causing one of these accidents is increased dramatically.
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How do I file for workers' compensation after a construction accident?
Workers' comp is an insurance type that your employer has to carry. It shields both you as well as your employer. Here's what you should be aware of regarding workers' compensation:
In certain circumstances, if the worker suffers injury as caused by a defective product, for example, tools or equipment can be given the option of filing the claim for product liability. In these instances, plaintiffs need to prove that the item was unsafe or defective and that the defect was responsible for their injuries. In case of product liability cases the producer or distributor of the product could be legally liable.
The compensation you receive will be for medical costs as well as some of your lost wages.Determining whether you are eligible to file a legal claim following an accident on the job requires a thorough investigation. Reach out to an experienced construction accident lawyer as quickly as you can after the accident. A legal professional will review your accident, verify that the evidence is properly stored as well as determine whether you should take legal action, and help you determine your legal options.
It's not necessary to prove your employer did something "wrong." Workers' compensation benefits are paid regardless of whether there was a safety violation or not.
Employers typically do not contest a workers' compensation claim. Workers' compensation does not endanger your job. It protects your employer from liability. A workers' compensation claim is typically the only remedy that a worker has against their employer after an accident on the job. However, there are exceptions to this rule, and construction workers are free to seek legal recourse against any other parties involved in the accident.
Workers' Compensation insurance covers the right to pay for medical and wage expenses to those who suffer from illness or hurt on the job. Workers are entitled to these benefits regardless of fault. However, in exchange for these benefits, employees relinquish the right to take on their employer to claim financial compensation following an accident. If your employer does not have proper workers' compensability insurance, you could sue them. You may also be able to bring a suit if your employer purposely tried to harm you or ignored a clear risk, knowing that you could be injured.
All injured workers are eligible for workers' compensation.
The first step in your situation is to determine if you've filed a workers' compensation claim. This will help you determine if there is a basis for a claim or not.
How do I file a claim to claim a Construction Accident Injury?
Construction accidents rarely occur unless a safety rule is breached. It can be anything including not being offered an appropriate, stable ladder to receiving scaffold harnesses that have frayed ropes. It may also involve putting employees to work at a high speed or working in strenuous, dangerous conditions. If a workplace accident is caused by something like this, your injuries directly result in the fault of another. That's when legal action is required. The need to file a lawsuit is crucial for three reasons:
Workers' comp is not able to pay for 100% of your expenses, and this is especially true for those who have missed their wages. A lawsuit gives you the chance to receive the entire amount you need.
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The construction industry in New York is the city's most dangerous business. If construction companies aren't held accountable for injuries, they'll not make improvements to safety for future workers.
While employers are exempt from personal injury lawsuits arising from injuries resulting from construction accidents and injuries, there is still the possibility to file a lawsuit against a third party under New York Labor Law Section 200. This includes:
If you are employed by an entity that is not a public company you can have up to three years to bring a lawsuit. However, you must provide notice of the lawsuit much earlier.
If you do not file a notice of a lawsuit regardless of the time deadline, you might not be able to collect any money. The insurance company may try to "disclaim" it because of the time period that has passed. This is why it's important to contact an attorney for construction accidents ASAP for the best chance of recovering the rightful settlement.
Employers and business owners often have liability insurance to assist anyone who is injured on working sites. But, insurance companies clearly earn more money if they pay the least amount of money they can in the event of a claim. After a building accident, it's typical for insurers and adjusters to attempt to decrease the amount of your claim or place blame for the incident on the person or persons they do not.
If you are working with an skilled construction accident lawyer, you will not be required to take on these insurance companies alone. Instead, your attorney will manage all discussions in negotiations with insurance companies, and make sure you get fair compensation for your injuries as well as damages.
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