Frequently Asked Construction Accident Questions
What should I do if I’m injured in a construction accident?
In New York, there are very specific rules that apply to construction accidents. I had someone call me the other day who told me that her husband was on a scaffold, and the scaffold collapsed, and he suffered some very, very serious injuries. The question was, what could they do now? There are certain sections of the labor law where the owner of the building may be held responsible for the injuries sustained, even if the owner of the building did not control the work that was being done at the time of the accident.There are also may be industrial code violations. If it’s proven that there is an industrial code violation, again, the owner of the building or the general contractor could be held responsible. Keep in mind it’s very important to understand that you can’t sue your employer. Your recourse relevant to your medical expenses and your lost wages would be to go through your employer for workers’ compensation coverage, and then you would need an attorney to handle, what we call, the third-party action, which would be the case against the owner, potentially, and any other contractors that may have been involved in the happening of the accident other than your employer.
Should I tell my boss about my work injury?
I got a call the other day from a client in a panic. He was injured at work and his employer called, and wanted to know about what happened, and about him making a claim. He was afraid to get back to the employer because he was afraid that if he called the employer, he would lose his job. You need to notify your employer of the happening of the accident as soon as possible.That’s to protect your workers’ compensation benefits. Your employer is required to carry workers’ compensation insurance, and that will pay for your medical expenses, and that will pay for your lost wages, but there are certain requirements that have to be met. One of the early requirements is that you notify your employer of the accident as soon as possible.
What mistakes should I avoid after a construction accident?
People often ask me what some of the biggest mistakes are that are made when involved in a construction accident in New York. I had a client call me the other day who told me that a month ago, he had tripped over a two by four at a construction site while he was working, and he landed on his shoulder and suffered a shoulder injury. I asked him, “Did you notify your employer?” and he said, “No.” I asked him why. He said, “Because I was afraid of losing my job.” That’s mistake number one. They can’t fire you because you make a workers’ compensation claim. You must notify your employer in order to protect your workers’ compensation rights, and you need to do it as soon as possible.I asked him, “Did you go see a doctor?” He said, “No.” I said, “Why?” He said, “I work 10-hour days. I didn’t have the time, and I’ve just been dealing with the pain.” I said, “What have you been doing for the pain?” He said, “I’ve been taking Tylenol every day.” Mistake number two is not seeking medical attention right away.
The third thing that often happens –not with this particular client – is clients seek counsel, but they seek counsel who are not personal injury attorneys or not construction accident attorneys, who don’t know the ins and outs of litigation relevant to personal injury and construction accident type case. That can be problematic. They may take on your case, but they may not necessarily know the ins and outs that a personal injury litigation attorney would know.
How do I choose the best construction accident attorney for my case?
If you’re here, there’s a good chance that you were involved in a construction accident and you’re now considering hiring an attorney. You may want to know, “What do I look for in an attorney to know that that attorney is going to do the best that they can possibly do for me?”You want an attorney that has experience in personal injury litigation and construction accident cases because that’s the type of attorney that will be able to guide you through the process and know how to litigate the case if it’s a case that requires litigation. When I say litigation, I’m talking about a case that must be pursued in the court system.
Is workers’ compensation my only relief after a construction accident?
If you’re here, chances are you were involved in a construction accident. I’m sorry to hear that, and I hope you’re getting the medical attention that you need. In New York, every employer is required to carry what’s called workers’ compensation coverage, and that’s to cover your lost wages and your medical expenses.It’s very important that you notify your employer right away that you were injured. It’s also important that you seek medical attention right away because these are crucial things that have to be done in order to secure your rights to those workers’ compensation benefits.
Can I sue my employer for my construction accident?
Clients often ask me if they can sue their employer. The answer is generally, no. There are some limited exceptions, but as a general rule, you cannot sue your employer.Your employer is supposed to carry what’s called workers’ compensation coverage, and that’s how you get your medical bills paid and lost wages recovered. There are some other benefits that go along with a workers’ compensation claim, but as a general rule, you cannot sue your employer.
What type of benefits can I receive after a construction accident?
If you’re here, chances are that you were involved in a construction accident. I’m sorry to hear that, and I hope that you’re seeking the medical attention that you need. It’s important to know that your medical bills should be paid by your employer through workers’ compensation, as well as your lost wages. It’s important that you notify your employer of the accident as soon as possible so that you can get those benefits.You also might have a case against what we call a third-party. It could be the owner of the property, if there are industrial code violations. It could be the owner of the property if there’s a violation of a 240 of the labor law. You also may have a claim against the other contractors that were involved. What you have to understand is that you don’t have a claim, other than workers’ compensation, against your employer, meaning that you cannot sue your employer. There are exceptions to that, but as a general rule, you cannot sue your employer, but you do potentially have claims against the owner of the property and other contractors that may have been involved. It would be wise to seek the advice of counsel.
How can I determine the value of my construction accident claim?
People that were involved in a construction accident always want to know what their case is worth. It’s not an easy answer. In fact, it can be very complicated. On the one hand, you need to look at liability. Who is at fault for the accident? We need to know that we can go after a party and they have the deep pockets to cover the injury. Second, we need to know the extent of the injury.Often, clients will come to me at a time where they’re beginning the process of treatment and beginning they’re recovery process. It may take a long time before we know what the end result of the injury is. Is it something that’s going to be permanent and lasting? That has value and that needs to be calculated into the equation and negotiations when dealing with the other side, in terms of coming up with a fair resolution. The end goal is to try to get the highest possible recovery for the client, and that, as I said, can take time to determine.
How long will my construction accident case take?
Clients often ask me, “How long is it going to take to resolve my construction accident case?” There’s really no easy answer. Very often, when it comes to construction accident cases, litigation is required. That means that we’ll need to file a lawsuit against those parties that are responsible.If we do have to file a lawsuit, that can take anywhere from two to five years depending on the type of construction case and very often depending on the extent of the injuries. Please understand that the injuries alone can take quite some time to know the extent of. I say that because it takes a while to recover and after the recovery process, there’s a good chance there will be some permanency, and that permanency is a very important factor in determining the value of the case.
Read Our FREE Construction Accident Guide
If you want a dedicated and experienced New York construction accident attorney, please call our office today to get a free consultation with Brain Elbaum. You will be in competent hands.
Follow us on Facebook