If you were injured while on a job site in New York, you are probably wondering if you’ll be receiving construction accident compensation. How will you pay for your medical bills and make up lost wages? In an accident like this, your main form of relief is most likely going to come from workers’ compensation, but in some cases, you can bring a claim against a negligent party. There are certain steps that you need to follow for recovering damages in a construction accident claim in New York.
Recovering Damages in a Construction Accident Claim in New York | Record Your Injury
You are going to have to inform your employer or a coworker about your injuries. This can be an intimidating thing to do and you may even fear for your job, but it is a necessity. At your workplace, the name of your workers’ compensation insurer should be posted where you can find it. If it’s not, your employer can get in legal trouble. You have a right to workers’ compensation and your employer is not allowed to discourage you from seeking it. You don’t want to put yourself in a tough spot if you did not inform your employer about your accident. It’s hard to prove your injury was work related if work doesn’t know about it. You cannot be fired for filing a claim. You also cannot be fired for bringing a lawsuit.
Recovering Damages in a Construction Accident Claim in New York | Determining Liability
Your employer has a duty to keep you safe on the job and if you can prove negligence, you may be about to sue in those situations. Generally, in a construction accident, you cannot sue your employer, but in certain instances, you may be able to bring a claim. Getting an attorney involved early on will be the key to determining if there was negligence, who is liable, and if there was a third-party subcontractor involved who may be responsible for your damages. If it is a case where no one is liable, don’t be discouraged. You may still be able to file for a workers’ compensation claim and have your damages covered in that regard. However, as mentioned previously, OSHA certifications are easy to fake and there may be negligence involved if workers on your site are not properly certified. This is also where having a New York construction accident attorney involved early on is extremely valuable. They will be able to uncover these things and build a strong case for you.
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.
